Elections Act 2022

Part 1 — Administration and conduct of elections

Voter identification, applications for postal and proxy votes, etc

Voter identification

1

Schedule 1 makes provision, including provision amending RPA 1983, in connection with the production of identification at polling stations by voters.

Power to make regulations about registration, absent voting and other matters

2

Schedule 2 contains provision, including provision amending Schedule 2 to RPA 1983, in connection with applications relating to registration, applications to vote by post or proxy, and applications for particular kinds of document.

Postal and proxy voting

Restriction of period for which person can apply for postal vote

3

Schedule 3 contains provision limiting the period for which a person can apply to vote by post—

• (a) at parliamentary elections in England and Wales and Scotland, and

• (b) at local government elections in England.

Handling of postal voting documents by political campaigners

4

• (1) RPA 1983 is amended as follows.

• (2) After section 112 insert—

(112A) (1) A person who is a political campaigner in respect of a relevant election commits an offence if the person handles a postal voting document that has been issued to another person for use in that election. (2) But a person who handles a postal voting document for use in a relevant election does not commit the offence if— (a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer), (b) the person is engaged in the business of a postal operator, or (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building, and the handling is consistent with the person’s duties in that capacity. (3) Nor does a person commit the offence if the person— (a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or (b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person. (4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a relevant election. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) A person is guilty of a corrupt practice if the person— (a) commits the offence under subsection (1), or (b) aids, abets, counsels or procures the commission of that offence. (7) For the purposes of this section a person is a political campaigner in respect of a relevant election if any of the following paragraphs applies— (a) the person is a candidate at the election; (b) the person is an election agent of a candidate at the election; (c) the person is a sub-agent of a person within paragraph (b); (d) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate; (e) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election; (f) the person is employed or engaged by a registered political party in connection with the party’s political activities; (g) the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election; (h) the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election. (8) In this section— - “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act); - “postal voting document” means a postal ballot paper, postal voting statement, declaration of identity or envelope that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election; - “relevant election” means— a parliamentary election, or a local government election in England. (9) For the purposes of this section, an envelope— (a) that is not a postal voting document, but (b) that contains a postal ballot paper, postal voting statement or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election, is to be treated as if it were a postal voting document that has been issued to the person for use in the election. (10) In this section, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment. (11) For the purposes of subsection (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

• (3) In section 160 (persons reported personally guilty of corrupt or illegal practices), in subsection (4A) for “or 62B” substitute “, 62B or 112A”.

• (4) In section 168 (prosecutions for corrupt practices), in subsection (1)(a)(i), before “above” insert “or 112A”.

• (5) In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) for “or 62B” substitute “, 62B or 112A”.

Handing in postal voting documents

5

• (1) RPA 1983 is amended as follows.

• (2) Schedule 1 (Parliamentary elections rules) is amended in accordance with subsections (3) and (4).

• (3) In rule 32 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

(ba) where regulations under rule 45(1B)(a) or (b) provide that a postal ballot paper or postal voting statement may be returned by hand to a polling station, persons aged 18 or over returning such a document by hand;

.

• (4) In rule 45 (the count)—

• (a) in paragraph (1B)—

• (i) omit “and” at the end of sub-paragraph (c);

• (ii) insert “and” at the end of sub-paragraph (d);

• (iii) after sub-paragraph (d) insert—

(e) where regulations contain provision made by virtue of paragraph 12ZA of Schedule 2 (handing in postal voting documents), the postal ballot paper is not one that falls to be rejected in accordance with that provision.

;

• (b) in paragraph (2)—

• (i) for sub-paragraph (a) substitute—

(a) it is returned in the prescribed manner, accompanied by the declaration of identity duly signed and authenticated, and reaches the returning officer before the close of the poll,

;

• (ii) insert “and” at the end of sub-paragraph (b);

• (iii) after sub-paragraph (b) insert—

(c) where regulations contain provision made by virtue of paragraph 12ZB of Schedule 2 (handing in postal voting documents: Northern Ireland), the postal ballot paper is not one that falls to be rejected in accordance with that provision.

• (5) In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 12 insert—

(12ZA) (1) Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide that a postal voting document may be returned by hand to a polling station or to the returning officer, provision within this paragraph. (2) Provision— (a) requiring a person who seeks to hand in a postal voting document to complete a form containing prescribed information, (b) requiring a relevant officer to reject a postal voting document handed in by a person who fails to provide all the prescribed information on such a form, and (c) about the arrangements to be made in respect of such forms. (3) Provision requiring a relevant officer— (a) to reject all postal voting documents handed in together by a person where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than the prescribed number of electors; (b) to reject a postal voting document handed in by a person, or all postal voting documents handed in together by a person, on a particular occasion, where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by the person on any previous occasion (disregarding any that were rejected), the person has handed in postal voting documents on behalf of more than the prescribed number of electors. (4) In sub-paragraph (3)— (a) references to postal voting documents handed in by a person are to postal voting documents— (i) all relating to the same election, or (ii) where more than one poll is to be taken on a day, each of which relates to an election the poll at which is to be taken on that day, but do not include references to a postal voting document issued to that person; (b) “electors” means persons who are electors in relation to an election to which any of the postal voting documents handed in by the person relates. (5) Provision authorising a relevant officer to reject a postal voting document handed in by a person where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents). (6) Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about— (a) the procedure to be followed in respect of those documents; (b) storage of those documents; (c) disposal of those documents; (d) transfer of those documents to— (i) the returning officer; (ii) the registration officer. (7) The documents are— (a) a postal voting document that is rejected; (b) a postal voting document that— (i) is brought into a polling station or into the offices of the returning officer so that it may be handed in to a person, but (ii) is left behind there (without being handed in). (8) Provision requiring prescribed information about postal voting documents that are handed in, or about the documents mentioned in sub-paragraph (7), to be supplied to— (a) the returning officer; (b) the registration officer. (9) Provision about the notification of the persons mentioned in sub-paragraph (10) where a postal ballot paper is— (a) rejected, or (b) left behind as mentioned in sub-paragraph (7)(b). (10) The persons are— (a) the person whose ballot paper it is; (b) where that person is a proxy— (i) that person, and (ii) the elector for whom the person voted as proxy on that paper. (11) Provision as to the meaning of any reference in the regulations to— (a) a person seeking to hand in a postal voting document; (b) a postal voting document being handed in. (12) In this paragraph— - “postal voting document” means a postal ballot paper, postal voting statement or other document that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election; - “rejected” means rejected in accordance with regulations made by virtue of this paragraph; - “relevant election” means— a parliamentary election in England and Wales or Scotland, or a local government election in England; - “relevant officer” means— where a postal voting document is handed in at a polling station— the person presiding at the polling station, or a clerk at the polling station; where a postal voting document is handed in to the returning officer— that officer, or a person acting under the authority of that officer. (12ZB) (1) Where regulations under rule 45(2)(a) in Schedule 1 provide that a postal voting document may be returned by hand to the returning officer, provision within this paragraph. (2) Provision— (a) requiring a person who seeks to hand in a postal voting document to complete a form containing prescribed information, (b) requiring the returning officer to reject a postal voting document handed in by a person who fails to provide all the prescribed information on such a form, and (c) about the arrangements to be made in respect of such forms. (3) Provision requiring the returning officer— (a) to reject all postal voting documents handed in together by a person where the returning officer has reasonable cause to suspect that the documents are handed in on behalf of more than the prescribed number of electors; (b) to reject a postal voting document handed in by a person, or all postal voting documents handed in together by a person, on a particular occasion, where the returning officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by the person on any previous occasion (disregarding any that were rejected), the person has handed in postal voting documents on behalf of more than the prescribed number of electors. (4) In sub-paragraph (3)— (a) references to postal voting documents handed in by a person are to postal voting documents all relating to the same election, but do not include references to a postal voting document issued to that person; (b) “electors” means persons who are electors in relation to the election to which the postal voting documents handed in by the person relate. (5) Provision authorising the returning officer to reject a postal voting document handed in by a person where the returning officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents). (6) Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about— (a) the procedure to be followed in respect of those documents; (b) storage of those documents; (c) disposal of those documents. (7) The documents are— (a) a postal voting document that is rejected; (b) a postal voting document that— (i) is brought into the offices of the returning officer so that it may be handed in to a person, but (ii) is left behind there (without being handed in). (8) Provision about the notification of the persons mentioned in sub-paragraph (9) where a postal ballot paper is— (a) rejected, or (b) left behind as mentioned in sub-paragraph (7)(b). (9) The persons are— (a) the person whose ballot paper it is; (b) where that person is a proxy— (i) that person, and (ii) the elector for whom the person voted as proxy on that paper. (10) Provision as to the meaning of any reference in the regulations to— (a) a person seeking to hand in a postal voting document; (b) a postal voting document being handed in. (11) In this paragraph— - “postal voting document” means a postal ballot paper, declaration of identity, or other document that has been issued to a person for the purpose of enabling the person to vote by post at a parliamentary election in Northern Ireland; - “rejected” means rejected in accordance with regulations made by virtue of this paragraph.

Limit on number of electors for whom a proxy can vote

6

Schedule 4—

• (a) contains amendments limiting a person’s entitlement to vote as proxy—

• (i) at parliamentary elections, and

• (ii) at local government elections in England,

(see paragraphs 6(4) and 7(2)), and

• (b) makes related provision about proxy voting and proxy appointments.

Requirement of secrecy

7

• (1) Section 66 of RPA 1983 (requirement of secrecy) is amended as follows.

• (2) After subsection (3) insert—

(3A) No person may— (a) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election; (b) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a relevant election; (c) obtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted; (d) communicate at any time to any other person information obtained in contravention of paragraph (c). (3B) The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election. (3C) But— (a) a person (“E”) who is voting by proxy does not contravene subsection (3A) by obtaining or attempting to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to E’s vote, and (b) a person who is appointed as proxy for an elector does not contravene subsection (3A) by communicating to that elector information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to that elector’s vote. (3D) Subsection (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of— (a) a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or (b) a published forecast as to the result of that election which is based on information given by voters. (3E) In subsection (3D)— (a) “forecast” includes estimate; (b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means; (c) the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned. (3F) A person voting as proxy for an elector at a relevant election— (a) must not communicate at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector; (b) except for some purpose authorised by law, must not communicate at any time to any person other than that elector the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.

• (3) After subsection (4) insert—

(4A) No person having undertaken to assist a relevant voter to vote at a relevant election may communicate at any time to any person except that voter any information as to— (a) the candidate for whom the voter intends to vote or has voted, or (b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter. (4B) In subsection (4A) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

• (4) In subsection (5), after “to vote”, in the first place it occurs, insert “at an election in Scotland or Wales under the local government Act”.

• (5) After subsection (6) insert—

(6A) In this section, “relevant election” means— (a) a parliamentary election, or (b) an election in England under the local government Act.

• (6) In rule 31 of Schedule 1 to RPA 1983 (Parliamentary elections rules: notification of requirement of secrecy)—

• (a) in paragraph (1)(a), for “blind voter” substitute “relevant voter”;

• (b) after paragraph (1) insert—

(1A) In paragraph (1)(a) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

Undue influence

Undue influence

8

• (1) After section 114 of RPA 1983 insert—

(114A) (1) A person is guilty of a corrupt practice if the person is guilty of undue influence. (2) A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of— (a) inducing or compelling a person to vote in a particular way or to refrain from voting, or (b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector. (3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of— (a) a person having voted in a particular way or refrained from voting, or (b) P assuming a person to have voted in a particular way or to have refrained from voting. (4) The following activities fall within this subsection— (a) using or threatening to use violence against a person; (b) damaging or destroying, or threatening to damage or destroy, a person’s property; (c) damaging or threatening to damage a person’s reputation; (d) causing or threatening to cause financial loss to a person; (e) causing spiritual injury to, or placing undue spiritual pressure on, a person; (f) doing any other act designed to intimidate a person; (g) doing any act designed to deceive a person in relation to the administration of an election. (5) For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out— (a) by P, (b) by P jointly with one or more other persons, or (c) by one or more other persons on behalf of P and with P’s authority or consent. (6) In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly). (7) This section does not have effect in relation to an election in Scotland or Wales under the local government Act.

• (2) In section 115 of RPA 1983 (undue influence)—

• (a) in subsection (1), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;

• (b) in subsection (2), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;

• (c) in the heading, after “influence” insert “: local government elections in Scotland and Wales”.

• (3) Schedule 5 contains further provision relating to this section.

Assistance with voting for persons with disabilities

Assistance with voting for persons with disabilities

9

• (1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

• (2) In rule 29 (equipment of polling stations)—

• (a) in paragraph (3A), for sub-paragraph (b) substitute—

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (including in relation to voting secretly).

;

• (b) after paragraph (3A) insert—

(3B) In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of— (a) blindness or partial sight, or (b) another disability.

;

• (c) after paragraph (7) insert—

(8) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). (9) Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. (10) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).

• (3) In rule 39 (voting by persons with disabilities)—

• (a) in paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”;

• (b) in paragraph (3), omit the words from “and a person” to the end.

• (4) In the Appendix of Forms, in the form of declaration to be made by the companion of a voter with disabilities—

• (a) for the words from “[I am entitled” to “18 years],” substitute “I am aged 18 or over”;

• (b) omit “* State the relationship of the companion to the voter.”

• (5) In section 5 of PPERA (reports on elections etc), after subsection (2A) insert—

(2AA) Subsection (2AB) applies where a report under this section relates to— (a) a parliamentary general election, (b) a parliamentary by-election, (c) an ordinary election of police and crime commissioners, (d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or (e) a Northern Ireland Assembly general election. (2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.

Nomination of candidates at parliamentary elections

Candidate nomination paper: commonly used names

10

• (1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

• (2) In rule 6 (nomination of candidates), for paragraph (2A) substitute—

(2A) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

• (3) In rule 14 (publication of statement of persons nominated), in paragraph (2A)—

• (a) for “in addition to another name” substitute “in accordance with rule 6(2A)”;

• (b) for “any other name” substitute “the other surname or forename”.

• (4) In the form of nomination paper in the Appendix of forms, for note 2A substitute—

(2A) Where a candidate commonly uses a name or names— (a) that are different from the candidate’s full names as stated on the nomination paper, or (b) in a different way from the candidate’s full names as stated on the nomination paper, the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.

Home address form: statement of local authority area

11

• (1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

• (2) In rule 6 (nomination of candidates)—

• (a) in paragraph (5)(b), for the words from “state” to the end substitute

— (i) where the candidate’s home address is in the United Kingdom, state the constituency or the relevant area within which that address is situated; (ii) where the candidate’s home address is outside the United Kingdom, state the country within which that address is situated.

;

• (b) after paragraph (5) insert—

(6) In paragraph (5)(b)(i), “relevant area” means— (a) in relation to a home address in England— (i) if the address is within a district for which there is a district council, that district; (ii) if the address is within a county in which there are no districts with councils, that county; (iii) if the address is within a London borough, that London borough; (iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London; (v) if the address is within the Isles of Scilly, the Isles of Scilly; (b) in relation to a home address in Wales— (i) if the address is within a county, that county; (ii) if the address is within a county borough, that county borough; (c) in relation to a home address in Scotland, the local government area in which the address is situated; (d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.

• (3) In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”.

Northern Ireland elections

Local elections and Assembly elections in Northern Ireland

12

Schedule 6 contains provision relating to local elections in Northern Ireland and elections to the Northern Ireland Assembly (including provision corresponding to provision made by this Part in relation to parliamentary elections in Northern Ireland).

Voting system for elections for certain offices

Simple majority system to be used in elections for certain offices

13

Elections for Mayor of London 1 The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5). 2 In section 4 (voting at ordinary elections)— a in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”; b in subsection (2), omit “, unless there are three or more candidates”; c omit subsection (3). 3 In section 16 (filling a vacancy)— a in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”; b for subsection (4) substitute— 4 Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election. 4 In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”. 5 In Schedule 2 (voting at elections), omit Part 1. 6 In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).

Elections for elected mayors of local authorities in England 7 The Local Government Act 2000 is amended as follows. 8 In section 9HC (voting at elections of elected mayors)— a for subsection (1) substitute— 1 Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor. ; b in subsection (2), omit “, unless there are three or more candidates”; c omit subsection (3). 9 In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”. 10 In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”. 11 In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.

Elections for mayors of combined authority areas 12 Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows. 13 In paragraph 4 (voting at elections of mayors)— a for sub-paragraph (1) substitute— 1 Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor. ; b in sub-paragraph (2), omit “, unless there are three or more candidates”; c omit sub-paragraph (3). 14 Omit paragraph 5. 15 In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

Elections for police and crime commissioners 16 The Police Reform and Social Responsibility Act 2011 is amended as follows. 17 In section 57 (voting at elections of police and crime commissioners)— a in subsection (2), omit “, unless there are three or more candidates”; b omit subsections (3) to (5). 18 Omit Schedule 9.

Part 2 — Overseas electors and EU citizens

Overseas electors

Extension of franchise for parliamentary elections: British citizens overseas

14

• (1) For sections 1 and 2 of the Representation of the People Act 1985 substitute—

(1) (1) A person is entitled to vote as an elector at a parliamentary election in a constituency if— (a) on the declaration date, the person— (i) qualifies as an overseas elector in respect of that constituency (see section 1A), (ii) is not subject to any legal incapacity to vote (age apart), and (iii) is a British citizen, and (b) on the date of the poll, the person— (i) is not subject to any legal incapacity to vote, (ii) is a British citizen, and (iii) is registered in a register of parliamentary electors for that constituency. (2) In this section, “the declaration date” means— (a) the date on which the person makes a declaration under and in accordance with section 1C (overseas elector’s declaration), or (b) where the person makes a declaration under and in accordance with section 1E (renewal declaration), the date on which the person makes the declaration. (1A) (1) For the purposes of this Act and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the declaration date if— (a) on that date the person is not resident in the United Kingdom, and (b) the person satisfies the previous registration condition or the previous residence condition. (2) A person satisfies the previous registration condition if— (a) the person has at some time in the past been entered in an electoral register in respect of an address at a place that is situated within the constituency, and (b) subsequent to that entry ceasing to have effect, the person has not been included in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address). (3) A person satisfies the previous residence condition if— (a) the person has at some time in the past been resident in the United Kingdom, (b) on the last day on which the person was resident in the United Kingdom, the person— (i) was resident at an address at a place that is situated within the constituency, or (ii) was not so resident but could have made a declaration under section 7B of the principal Act (a “declaration of local connection”) in respect of such an address, and (c) subject to section 1B(4), the person has not at any time been included in any electoral register (whether in respect of the address mentioned in paragraph (b) or any other address). (4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B of the principal Act was in force on the last day on which the person was resident in the United Kingdom. (5) In this section— - “declaration date” has the same meaning as in section 1; - “electoral register” means— a register of parliamentary electors, or a register of local government electors (including a register of electors prepared for the purposes of local elections (within the meaning of the Electoral Law Act (Northern Ireland) 1962)). (1B) (1) A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by the person under and in accordance with section 1C (an “overseas elector’s declaration”) if the following two conditions are satisfied. (2) The first condition is that the register is for the constituency or part of the constituency within which is situated the place of the address specified in the declaration by virtue of— (a) section 1C(2)(a) (where the person is seeking to be registered in reliance on the previous registration condition), or (b) section 1C(3)(a) or (4) (where the person is seeking to be registered in reliance on the previous residence condition). (3) The second condition is that the registration officer concerned is satisfied that, on the date on which the person makes the declaration, the person qualifies as an overseas elector in respect of the constituency. (4) Where— (a) a person applies to be registered in a register of parliamentary electors in reliance on the previous residence condition, and (b) the registration officer concerned considers that insufficient evidence is available for the purpose of determining whether the person has at any time been included in any electoral register (within the meaning of section 1A), the officer may disregard section 1A(3)(c) in determining whether the person satisfies the previous residence condition. (5) An overseas elector’s declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration. (6) For the purposes of section 1A, where a person is registered in a register of parliamentary electors for a constituency or part of a constituency in pursuance of an overseas elector’s declaration, it is to be conclusively presumed that the person was not resident in the United Kingdom on the date on which the person made the declaration. (7) See also sections 10ZC and 10A of the principal Act, which (among other things) contain provision about the making of applications for registration. (1C) (1) An overseas elector’s declaration must— (a) give the full name of the person making the declaration (“the declarant”), (b) state the date of the declaration, (c) state that the declarant is a British citizen, (d) state that the declarant is not resident in the United Kingdom on the date of the declaration, (e) state whether the declarant is seeking to be registered in reliance on the previous registration condition or the previous residence condition, (f) contain any other prescribed information and satisfy any other prescribed requirements (which may include requirements for the declaration to be attested), and (g) state that the declarant believes the matters stated in the declaration to be true. (2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also— (a) specify— (i) the address in the United Kingdom in respect of which the declarant was included in an electoral register, and (ii) when the declarant was last included in such a register in respect of that address, and (b) state that since the declarant’s entry in that register in respect of that address ceased to have effect, the declarant has not been included in any electoral register (whether in respect of that or any other address). (3) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(i), the declaration must also— (a) specify— (i) the address in the United Kingdom at which the declarant was resident, and (ii) when the declarant was last resident at that address, and (b) state that since being resident at that address, the declarant has not been resident at any other address in the United Kingdom. (4) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii), the declaration must also specify an address in respect of which the declarant could have made a declaration of local connection on the last day on which the declarant was resident in the United Kingdom. (5) An overseas elector’s declaration that specifies an address in Northern Ireland under subsection (2)(a), (3)(a) or (4) may, instead of or in addition to including a statement under subsection (1)(c), state that the declarant is an Irish citizen who— (a) was born in Northern Ireland, and (b) qualifies as a British citizen (whether or not the declarant identifies as such). (6) If the declarant— (a) makes an overseas elector’s declaration that specifies more than one address under subsection (2)(a), (3)(a) or (4), or (b) makes two or more overseas elector’s declarations that bear the same date and specify different addresses in the United Kingdom under subsection (2)(a), (3)(a) or (4), the declaration or declarations are void. (7) The declarant may at any time cancel an overseas elector’s declaration made by the declarant. (8) In this section— - “electoral register” has the same meaning as in section 1A; - “registered” means registered in a register of parliamentary electors. (9) A person found abandoned in Northern Ireland as a new-born infant is, unless the contrary is shown, deemed for the purposes of subsection (5) to have been born in Northern Ireland. (1D) (1) Where a person is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration, the person is entitled to remain so registered until— (a) the third 1 November following the date when the person’s entry on the register first takes effect (subject to any extension under subsections (2) and (3)), or (b) if sooner, the occurrence of an event mentioned in subsection (4). (2) Subsection (3) applies if— (a) at any time during the 6 months ending with the last day of the initial registration period or of any further registration period, the registration officer concerned receives a declaration made by the person under and in accordance with section 1E (a “renewal declaration”), and (b) the registration officer is satisfied that, on the date on which the person makes the renewal declaration, the person is entitled to remain registered in the register in pursuance of the overseas elector’s declaration. (3) The person is entitled to remain registered in the register in pursuance of the overseas elector’s declaration until— (a) the third 1 November following the day after the last day of the initial registration period or of the further registration period in question (subject to any further extension), or (b) if sooner, the occurrence of an event specified in subsection (4). (4) The events referred to in subsections (1)(b) and (3)(b) are— (a) the registration officer determines in accordance with regulations that the person was not entitled to be registered or to remain registered (as the case may be); (b) the registration officer determines in accordance with regulations— (i) that the person was registered as the result of an application under section 10ZC or 10A(1) of the principal Act made by some other person, or (ii) that the person’s entry has been altered as the result of an application under section 10ZD or 10A(4) of that Act made by some other person; (c) the overseas elector’s declaration is cancelled (see section 1C(7)); (d) another entry made in respect of the person in any electoral register takes effect (in the case of a register of parliamentary electors, whether or not in pursuance of an overseas elector’s declaration). (5) A renewal declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration. (6) In this section— - “electoral register” has the same meaning as in section 1A; - “initial registration period” means the period for which the person is entitled by virtue of subsection (1)(a) to remain registered; - “further registration period” means a period for which the person is entitled by virtue of subsection (3)(a) to remain registered. (7) Where a person is entitled to remain registered in a register of parliamentary electors for a constituency or part of a constituency by virtue of subsections (2) and (3), it is to be conclusively presumed for the purposes of section 1A that the person was not resident in the United Kingdom on the date on which the person made the renewal declaration in question. (8) Where a person’s entitlement to remain registered in a register of parliamentary electors terminates by virtue of subsection (1) or (3), the registration officer concerned must remove the person’s entry from the register. (1E) (1) A renewal declaration must— (a) give the full name and date of birth of the person making the declaration (“the declarant”), (b) state the date of the declaration, (c) state that the declarant is a British citizen, (d) state that the declarant is not resident in the United Kingdom on the date of the declaration, (e) contain any other prescribed information and satisfy any other prescribed requirements, and (f) state that the declarant believes the matters stated in the declaration to be true. (2) A renewal declaration must also— (a) specify the address in respect of which the declarant is registered, and (b) state that since the declarant was registered in respect of that address, no other entry has been made in respect of the declarant in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address). (3) A renewal declaration that specifies an address in Northern Ireland under subsection (2)(a) may, instead of or in addition to the statement under subsection (1)(c), state that the declarant is an Irish citizen who— (a) was born in Northern Ireland, and (b) qualifies as a British citizen (whether or not the declarant identifies as such), (and section 1C(9) applies as it applies for the purposes ofsection 1C(5)). (4) If the declarant— (a) makes a renewal declaration that specifies more than one address under subsection (2)(a), or (b) makes two or more renewal declarations that bear the same date and specify different addresses under subsection (2)(a), the declaration or declarations are void. (5) In this section— - “electoral register” has the same meaning as in section 1A; - “registered” means registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration.

• (2) Schedule 7 contains amendments and transitional provision relating to this section.

Voting and candidacy rights of EU citizens

Voting and candidacy rights of EU citizens

15

Schedule 8 makes provision about voting and candidacy rights of EU citizens in relation to local elections in England and certain other elections.

Part 3 — The Electoral Commission

Strategy and policy statement

Strategy and policy statement

16

After section 4 of PPERA insert—

(4A) (1) The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 4C (consultation and procedural requirements) are satisfied. (2) The statement is a statement prepared by the Secretary of State that sets out— (a) strategic and policy priorities of Her Majesty’s government relating to elections, referendums and other matters in respect of which the Commission have functions, and (b) the role and responsibilities of the Commission in enabling Her Majesty’s government to meet those priorities. (3) The statement may also set out— (a) guidance relating to particular matters in respect of which the Commission have functions; (b) any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate. (4) In preparing the statement, the Secretary of State must have regard to the duties imposed on the Commission by section 145(1) (duties with respect to compliance with controls imposed by this Act). (5) The statement must not contain provision about the carrying out by the Commission of their functions under Schedule 19B (investigatory powers) or Schedule 19C (civil sanctions) in relation to a particular person. (6) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions. (7) A statement designated under this section must be published in whatever manner the Secretary of State considers appropriate. (8) For the purposes of subsection (6)— (a) the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to— (i) Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and (ii) referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament; (b) the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to— (i) general elections of members of Senedd Cymru, (ii) elections held under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies), (iii) local government elections in Wales, and (iv) referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements), so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006. (4B) (1) This section applies where a statement has been designated under section 4A. (2) The Commission must have regard to the statement when carrying out their functions. (3) Subsection (2)does not apply to information contained in the statement by virtue of section 4A(3)(b). (4) The Commission must publish a report, as soon as practicable after the end of— (a) the period of 12 months beginning with the day on which the statement was first designated under section 4A, and (b) every subsequent 12-month period, on what they have done during the period in question in consequence of the statement. (5) Where, before the end of a reporting period, the statement is designated by virtue of section 4D (5-yearly review) or section 4E (power to revise statement)— (a) the Commission are not required to publish a report under subsection (4) in relation to the reporting period, and (b) subsection (4) has effect as if the reference in paragraph (a) to the day on which the statement was first designated under section 4A were to the day on which the statement was last designated under that section by virtue of section 4D or 4E. (6) “Reporting period” means a period in relation to which a report is required to be published under subsection (4). (7) The duty under subsection (4) does not apply in relation to a 12-month period if before the end of that period the statement’s designation is withdrawn under section 4D(4)(c) or treated as withdrawn under section 4D(5)(b). (8) The Commission must provide a copy of each report published under subsection (4) to the Speaker’s Committee. (4C) (1) This section sets out the requirements that must be satisfied before the Secretary of State may designate a statement under section 4A. (2) The Secretary of State must consult the following on a draft of the statement— (a) the Commission, (b) the Speaker’s Committee, and (c) the Levelling Up, Housing and Communities Committee. (3) After the Secretary of State has carried out the consultation required by subsection (2), the Secretary of State— (a) must make whatever changes to the draft the Secretary of State considers necessary in light of responses to the consultation, and (b) must prepare a report containing the Secretary of State’s response to the consultation. (4) If, after complying with subsection (3), the Secretary of State proposes to designate the statement, the Secretary of State must lay before Parliament a document that— (a) explains the Secretary of State’s proposals, (b) sets them out in the form of a draft statement, and (c) contains the report prepared under subsection (3)(b). (5) Where a document is laid before Parliament under subsection (4), no draft of the statement that the Secretary of State proposes to designate is to be laid before Parliament before the end of the 60-day period. (6) In preparing a draft statement for laying before Parliament, the Secretary of State must consider any representations made during the 60-day period in relation to anything in the document laid under subsection (4). (7) If, after the end of the 60-day period, the Secretary of State wishes to proceed with designating the statement, the Secretary of State must lay before Parliament— (a) the draft statement (incorporating any changes made in light of any representations made as mentioned in subsection (6)), and (b) a report containing the Secretary of State’s response to any such representations. (8) The draft as laid under subsection (7) must, before the end of the 40-day period, have been approved by a resolution of each House of Parliament before the Secretary of State may designate the statement under section 4A. (9) In this section— (a) “the 40-day period” means the period of 40 days beginning on the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid); (b) “the 60-day period” means the period of 60 days beginning on the day on which the document mentioned in subsection (4) is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid). (10) When calculating the 40-day period or the 60-day period for the purposes of subsection (9)(a) or (b) respectively, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. (11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (2)(c) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name. (12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (2)(c) to that Committee is to be read as a reference to the committee which for the time being has those functions. (4D) (1) The Secretary of State must review a statement designated under section 4A if a period of 5 years has elapsed since— (a) the time when the statement was first designated under section 4A, or (b) if later, the time when the statement was last designated under that section by virtue of this section or section 4E. (2) But where— (a) the statement was last designated by virtue of section 4E, and (b) the case was one in which the Secretary of State made a determination under section 4E(5) (disapplication of consultation and other pre-designation requirements on revision of statement), the designation of the statement in that case is to be ignored in determining for the purposes of subsection (1)(b) when the statement was last designated. (3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5-year period referred to in that subsection. (4) After reviewing the statement, the Secretary of State may— (a) revise the statement, (b) leave the statement as it is, or (c) withdraw the statement’s designation under section 4A. (5) Where the Secretary of State proceeds under subsection (4)(a) or (b)— (a) the Secretary of State must designate the statement (whether or not revised) under section 4A(1); (b) if the statement is not designated before the end of the review period, the designation of the statement (in the form reviewed under subsection (1)) is treated as withdrawn at the end of that period. (6) “The review period” means the 12 months beginning with the end of the 5-year period referred to in subsection (1). (7) Sections 4A(2) to (7) and 4C apply in relation to the statement and its designation in accordance with subsection (5)(a) as they apply in relation to the original statement. (4E) (1) The Secretary of State may revise a statement designated under section 4A otherwise than in consequence of a review under section 4D. (2) The power under subsection (1) may be exercised— (a) on the Secretary of State’s own initiative, (b) at the request of the Commission, where the request— (i) is made by notice given to the Secretary of State and the Speaker’s Committee, and (ii) gives details of the changes to the statement that the Commission propose should be made, or (c) at the request of the Speaker’s Committee, where the request— (i) is made by notice given to the Secretary of State, and (ii) gives details of the changes to the statement that the Speaker’s Committee propose should be made. (3) Where a request is made in accordance with subsection (2)(b) or (c), the Secretary of State must inform the Commission or the Speaker’s Committee (as the case may be) how the Secretary of State proposes to deal with the request. (4) Where the Secretary of State revises the statement under subsection (1)— (a) the Secretary of State must designate the revised statement under section 4A(1), and (b) subject to subsection (5), sections 4A(2) to (7) and 4C apply to the revised statement and its designation in accordance with paragraph (a) as they apply to the original statement. (5) The Secretary of State may determine in a particular case that section 4C(2) to (6) (consultation and pre-designation requirements) does not apply in relation to the revised statement. (6) Before making a determination under subsection (5), the Secretary of State— (a) must give notice to the Speaker’s Committee of the proposed determination (giving details of the revisions to the statement), and (b) must consider any representations made by the Speaker’s Committee in response to the notice. (7) Where the Secretary of State makes a determination under subsection (5), the Secretary of State must notify the following of the revisions to the statement— (a) the Commission, (b) the Speaker’s Committee, and (c) the Levelling Up, Housing and Communities Committee, and section 4C(11) and (12) apply for the purposes of paragraph (c) as they apply for the purposes of section 4C(2)(c). (8) Subsection (9) applies where the Secretary of State makes a determination under subsection (5) despite the Speaker’s Committee objecting to the proposed determination. (9) When laying the revised statement before Parliament in accordance with section 4C(7)(a), the Secretary of State must also lay before Parliament a statement of the Secretary of State’s reasons for the determination. (10) For the purposes of this section, corrections of clerical or typographical errors do not count as a revision of the statement.

Examination of duty to have regard to strategy and policy statement

17

• (1) After section 13 of PPERA insert—

(13ZA) (1) The Speaker’s Committee may examine the performance by the Commission of the Commission’s duty under section 4B(2) (duty to have regard to strategy and policy statement). (2) The Speaker’s Committee may require the Commission to provide the Committee with information that— (a) the Committee require for the purposes of enabling them to exercise their power under subsection (1), and (b) is held by the Commission. (3) The Commission— (a) must as soon as is reasonably practicable provide the Speaker’s Committee with information required under subsection (2), and (b) must provide the information in such form as the Committee may reasonably require. (4) A requirement imposed on the Commission under subsection (2) does not require the Commission to provide information that, in their opinion, might adversely affect any current investigation or proceedings. (5) Except as provided by subsection (6), the disclosure of information pursuant to a requirement imposed under subsection (2) does not breach— (a) any obligation of confidence owed by the Commission, or (b) any other restriction on the disclosure of information (however imposed). (6) A requirement imposed on the Commission under subsection (2) does not require them to disclose information if to do so would contravene the data protection legislation (but, in determining whether a disclosure would do so, the requirement imposed on the Commission is to be taken into account). (7) In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

• (2) In Schedule 2 to PPERA (Speaker’s Committee), after paragraph 3 insert—

(4) (1) Evidence given by a person who is a witness before the Speaker’s Committee may not be used against the person in any civil or disciplinary proceedings, or in any criminal proceedings, unless the evidence was given in bad faith. (2) For the purposes of the law of defamation the publication by the Speaker’s Committee of any evidence given by a person who is a witness before the Speaker’s Committee is absolutely privileged.

Membership of the Speaker’s Committee

Membership of the Speaker’s Committee

18

• (1) In section 2 of PPERA (Speaker’s Committee), after subsection (2) insert—

(2A) The functions of the Secretary of State for Levelling Up, Housing and Communities under subsection (2)(b) are exercisable concurrently with any Member of the House of Commons who— (a) is a Minister of the Crown, and (b) is appointed to membership of the Committee by the Prime Minister in order to carry out those functions concurrently with the Secretary of State for Levelling Up, Housing and Communities.

• (2) In paragraph 2 of Schedule 2 to PPERA (the Speaker’s Committee: term of office), after sub-paragraph (1) insert—

(1A) The reference in sub-paragraph (1)(c) to the member who is the Secretary of State for Levelling Up, Housing and Communities does not include any member appointed under section 2(2A).

• (3) The following are revoked—

• (a) the Transfer of Functions (Speaker’s Committee) Order 2021 (S.I. 2021/310);

• (b) in article 7(1) of the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), sub-paragraphs (b) and (c).

Criminal proceedings

Criminal proceedings

19

• (1) Paragraph 2 of Schedule 1 to PPERA (the Electoral Commission: incidental powers) is amended as follows.

• (2) The existing text becomes sub-paragraph (1).

• (3) In sub-paragraph (1)—

• (a) after “may” insert “(subject to sub-paragraph (2))”;

• (b) omit “(except borrow money)”.

• (4) After sub-paragraph (1) insert—

(2) The Commission may not— (a) borrow money; (b) institute criminal proceedings in England and Wales or Northern Ireland.

Part 4 — Regulation of expenditure

Notional expenditure of candidates and others

Notional expenditure: use of property etc on behalf of candidates and others

20

• (1) In section 90C of RPA 1983 (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), except as it applies in relation to an election in Scotland or Wales under the local government Act, property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.

• (2) In section 73 of PPERA (notional campaign expenditure)—

• (a) after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 9 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a registered party only if their use on behalf of the party is directed, authorised or encouraged by— (a) the party, or (b) the treasurer or a deputy treasurer appointed under section 74.

;

• (b) in subsection (10), after “(1),” insert “(1A),”.

• (3) In section 86 of PPERA (notional controlled expenditure), after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.

• (4) In section 94 of PPERA (limits on controlled expenditure by third parties), after subsection (8) insert—

(8A) Where the period is one in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party for the purposes of subsection (8)(b) only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.

• (5) In section 112 of PPERA (notional referendum expenses), after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), property, services or facilities are made use of on behalf of an individual or body only if their use on behalf of the individual or body is directed, authorised or encouraged by the individual or body or (where the individual or body is a permitted participant) by the individual or body or the responsible person.

• (6) In paragraph 6 of Schedule 3 to the Recall of MPs Act 2015 (regulation of expenditure: notional petition expenses), after sub-paragraph (3) insert—

(3A) For the purposes of sub-paragraph (3), property, services or facilities are made use of on behalf of P only if their use on behalf of P is directed, authorised or encouraged by P or (where P is an accredited campaigner) by P or the responsible person.

• (7) In section 52B of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (property, goods, services etc provided free of charge or at a discount), after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.

Codes of practice on expenses

21

• (1) In paragraph 14 of Schedule 4A to RPA 1983 (election expenses: Electoral Commission guidance)—

• (a) in sub-paragraph (1), after paragraph (b) insert—

(c) guidance relating to the application of Part 2 of this Act in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).

;

• (b) in sub-paragraph (7)(b), after “order” insert “made by statutory instrument”.

• (2) In section 156 of PPERA (orders and regulations), in subsection (3)—

• (a) omit the “or” after paragraph (a);

• (b) after paragraph (a) insert—

(aa) any order under paragraph 3(7) of Schedule 8, other than an order of the Welsh Ministers;

.

• (3) In subsection (4C) of that section, for “(3)” substitute “(3)(a) or (b)”.

Authorised persons not required to pay expenses through election agent

22

• (1) In section 73 of RPA 1983 (payment of expenses through election agent), as it applies otherwise than in relation to local government elections in Scotland, in subsection (5)—

• (a) omit the “or” after paragraph (c);

• (b) after paragraph (c) insert—

(ca) any expenses incurred, otherwise than in relation to an election in Wales under the local government Act, on account of any matter falling within section 75(1) by a person authorised as mentioned in that provision; or

.

• (2) In section 39 of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (payment of expenses through an election agent), in subsection (3), after paragraph (c) insert—

(ca) any expenses incurred on account of any matter falling within section 41(1) by a person authorised as mentioned in that provision;

.

Registration of parties etc

Declaration of assets and liabilities to be provided on application for registration

23

• (1) Section 28 of PPERA (registration of parties) is amended in accordance with subsections (2) to (4).

• (2) In subsection (1)—

• (a) omit the “and” after paragraph (a);

• (b) after paragraph (b) insert

, and (c) (subject to subsection (3E)) is accompanied by a declaration falling within subsection (3B).

• (3) Before subsection (4) insert—

(3B) The declarations falling within this subsection are— (a) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is met in relation to the party; (b) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is not met in relation to the party. (3C) The assets/liabilities condition is met in relation to a party if— (a) the total value of the party’s assets does not exceed £500, and (b) the total amount of the party’s liabilities does not exceed £500. (3D) A declaration within subsection (3B)(b) must be accompanied by a record of the party’s assets and liabilities; and that record must comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission. (3E) Subsection (1)(c) does not apply to an application under this section made in pursuance of a declaration falling within subsection (2)(d) (and subsections (3D)and (8A) to (8C) are accordingly to be disregarded in relation to such an application).

• (4) After subsection (8) insert—

(8A) Subsections (8B) and (8C) apply where— (a) the Commission grant an application by a party under this section, and (b) the application was accompanied by a declaration within subsection (3B)(b). (8B) The Commission must ensure that the party’s entry in the register is marked so as to indicate that its application was accompanied by a declaration within subsection (3B)(b). (8C) The Commission must— (a) as soon as reasonably practicable after granting the application, make a copy of the record of assets and liabilities provided by the party under subsection (3D) available for public inspection, and (b) keep the copy available for public inspection for such period as the Commission think fit.

• (5) In section 34 of PPERA (registration of minor parties), in subsection (8)(c)(i), for “sections 28(4) to (8)” substitute “sections 28(1)(c) and (3B) to (8C)”.

Prohibition on entities being registered political parties and recognised third parties at same time

24

• (1) PPERA is amended as follows.

• (2) In section 28 (registration of parties), after subsection (7) insert—

(7A) A party may not make an application under this section at any time when the party is also a recognised third party for the purposes of Part 6 (see section 85(5)).

• (3) In section 85 (controlled expenditure by third parties), in subsection (7), omit paragraph (b).

• (4) In section 88 (third parties recognised for purposes of Part 6)—

• (a) in subsection (2), omit paragraph (b);

• (b) in subsection (3), omit paragraph (b);

• (c) in subsection (3A), for “(3)(b)(iii), (c)(ii) or (d)(ii)” substitute “(3)(c)(ii) or (d)(ii)”.

• (5) In section 90 (restriction on incurring controlled expenditure), omit subsection (3).

• (6) In section 95 (control of donations to recognised third parties), omit the words from “which” to the end.

• (7) In section 95A (quarterly donation reports), omit subsection (11).

• (8) In section 95B (weekly donation reports during general election periods), omit subsection (11).

• (9) In section 96 (returns as to controlled expenditure), in subsection (2)(d), omit the words from “in a case” to “minor party,”.

• (10) In section 99 (declaration by responsible person as to return under section 96), in subsection (3), omit the words from “, in a case” to “minor party,”.

• (11) In Schedule 11 (control of donations to recognised third parties), in paragraph 1—

• (a) in sub-paragraph (1), omit the words from “which” to the end;

• (b) omit sub-paragraph (3).

Section 24: transitional provision

25

• (1) If controlled expenditure is incurred by or on behalf of a relevant person during any post-commencement period in relation to which any limit is imposed by Schedule 10 to PPERA (limits on controlled expenditure), no campaign expenditure may be incurred during that period by or on behalf of the person.

• (2) “Relevant person” means a person who, immediately before the commencement date, is both a registered party and a recognised third party.

• (3) Where campaign expenditure is incurred by or on behalf of a relevant person in contravention of subsection (1), section 79(2) of PPERA (offence for exceeding limit on campaign expenditure) applies as if campaign expenditure had been incurred in excess of any limit imposed by Schedule 9 to PPERA (and for this purpose references in section 79(2) of PPERA to a registered party are to be read as references to the relevant person in its capacity as a registered party).

• (4) See also section 89A of PPERA (inserted by section 26 below), which among other things restricts the incurring of controlled expenditure by or on behalf of a registered party which is also a third party.

• (5) A third party may not give a notification under section 88(4)(b) of PPERA (recognised third parties: renewal of original notification) on or after the commencement date if it is also a registered party.

• (6) In this section—

• “campaign expenditure” has the same meaning as it has for the purposes of Part 5 of PPERA (see section 72(2) of that Act);

• “the commencement date” means the date on which this section comes into force (and post-commencement, in relation to a period, means beginning on or after that date);

• “controlled expenditure”, “recognised third party” and “third party” have the same meaning as they have for the purposes of Part 6 of PPERA (see section 85 of that Act);

• “registered party” has the same meaning as in PPERA (see section 160(1) of that Act).

Controlled expenditure etc

Restriction on which third parties may incur controlled expenditure

26

• (1) In Part 6 of PPERA, at the beginning of Chapter 2 insert—

(89A) (1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a reserved regulated period unless the third party— (a) falls within any paragraph of section 88(2) (third parties eligible to give notification), or (b) is an unincorporated association with the requisite UK connection. (2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a reserved regulated period which do not in total exceed £700. (3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1). (4) If the third party is not an individual— (a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and (b) the third party is also guilty of an offence. (5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1). (6) An unincorporated association has “the requisite UK connection” if it consists of two or more persons both or all of whom are registered in a register of parliamentary electors in pursuance of a declaration made under and in accordance with section 1C of the Representation of the People Act 1985 (overseas elector’s declaration). (7) In this section— - “register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of the Representation of the People Act 1983; - “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).

• (2) In Schedule 20 to PPERA (penalties), at the appropriate place in the table insert—

Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1))	On summary conviction in England and Wales: fine
Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1))	On summary conviction in Scotland or Northern Ireland: statutory maximum
Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1))	On indictment: fine

.

• (3) The amendments made by subsections (1) and (2) have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.

• (4) In subsection (3), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).