Elections Act 2022

Third parties capable of giving notification for purposes of Part 6 of PPERA

27

• (1) In section 88 of PPERA (third parties recognised for the purposes of Part 6), after subsection (8) insert—

(9) The Secretary of State may by order amend subsection (2), 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), by— (a) adding a description of third party to the list in that subsection, (b) removing a description of third party from that list, or (c) varying the description of a third party in that list. (10) An order under subsection (9)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.

• (2) In section 156 of PPERA (orders and regulations), in subsection (4), after paragraph (dd) insert—

(de) section 88(9),

.

Recognised third parties: changes to existing limits etc

28

• (1) In section 85 of PPERA (controlled expenditure by third parties), before subsection (6) insert—

(5B) “The lower-tier expenditure limits”, in relation to controlled expenditure incurred by or on behalf of a recognised third party, means the limits specified in section 94(5) (limits on controlled expenditure incurred in a part of the UK); and a recognised third party is subject to those limits if the notification given by the third party under section 88(1), as it has effect for the time being, contains a statement within section 88(3D).

• (2) Section 88 of PPERA (third parties recognised for the purposes of Part 6) is amended in accordance with subsections (3) to (6).

• (3) After subsection (3C) insert—

(3D) A notification given under subsection (1) by a third party so as to be subject to the lower-tier expenditure limits must contain a statement to that effect.

• (4) In subsection (6)—

• (a) in paragraph (a), after “statements” insert “within subsection (3)”;

• (b) in paragraph (b)—

• (i) after “any statement” insert “within subsection (3)”;

• (ii) for “subsection (3)” substitute “that subsection”.

• (5) After subsection (6) insert—

(6A) In a case where the original notification, as it has effect for the time being, contains a statement within subsection (3D), the renewal notification must either— (a) confirm that the statement is to continue to have effect, or (b) indicate that the statement is withdrawn.

• (6) In subsection (8), for the words from “any statement” to the end substitute—

(a) any statement within subsection (3) that is contained in the original notification, as it has effect for the time being, is replaced by some other statement conforming with that subsection that is contained in the notification of alteration, or (b) any statement within subsection (3D) that is contained in the original notification, as it has effect for the time being, is withdrawn.

• (7) Section 94 of PPERA (limits on controlled expenditure by third parties) is amended in accordance with subsections (8) to (10).

• (8) In subsection (3)—

• (a) in paragraph (a), for “either” substitute

any of the following sub-paragraphs applies— (ai) during a regulated 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), any controlled expenditure is incurred by or on behalf of a third party in excess of £10,000;

;

• (b) at the end of paragraph (a)(i), for “, or” substitute “;”;

• (c) for paragraph (b) substitute—

(b) the third party— (i) in a case within paragraph (a)(ai) or (ii), is not a recognised third party; (ii) in a case within paragraph (a)(i), is not a recognised third party or, where the regulated period is one in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10, is a recognised third party but is subject to the lower-tier expenditure limits.

• (9) After subsection (4) insert—

(4ZA) In its application to a case within subsection (3)(a)(i) where the third party is a recognised third party that is subject to the lower-tier expenditure limits, the reference in subsection (4)(a)(i) to any person who authorised the expenditure to be incurred is to be read as a reference to the responsible person.

• (10) After subsection (10) insert—

(10A) Where an offence under subsection (4) is committed in the case of a recognised third party that is subject to the lower-tier expenditure limits— (a) the third party ceases to be subject to those limits at the time the offence is committed, and (b) this Part then applies to the third party as if the notification under section 88(1) which is for the time being in force in relation to the third party did not contain a statement under section 88(3D).

• (11) In section 94A of PPERA (arrangements between third parties notified to the Commission), after subsection (5) insert—

(5A) A recognised third party that is subject to the lower-tier expenditure limits may not send a notice under subsection (1).

• (12) The following subsection: “( ) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.”—

• (a) is inserted after the provision of PPERA mentioned in the left-hand column of the following table, and

• (b) is inserted after that provision with the applicable number mentioned in the right-column of the table.

Provision of PPERA	Number of inserted subsection
Section 91(4) (restriction on payments in respect of controlled expenditure)	(4A)
Section 92(7) (restriction on making claims in respect of controlled expenditure)	(7A)
Section 95A(10) (quarterly donation reports)	(10A)
Section 95B(10) (weekly donation reports during general election periods)	(10A)
Section 95D(7) (forfeiture)	(8)
Section 96(8) (returns as to controlled expenditure)	(9)

• (13) The amendments made by the preceding provisions of this section have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.

• (14) In subsection (13), “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).

Code of practice on controls relating to third parties

29

• (1) After section 100 of PPERA insert—

(100A) (1) The Commission must prepare a code of practice about the operation of this Part in relation to a reserved regulated period. (2) The code must in particular set out— (a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses); (b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure; (c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations); (d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties); (e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure). (3) The Commission may from time to time revise the code. (4) In exercising their functions under this Part, the Commission must have regard to the code. (5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show— (a) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and (b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code. (6) In this section, “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 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly). (7) Section 100B sets out consultation and procedural requirements relating to the code or any revised code. (100B) (1) The Commission must consult the following on a draft of a code under section 100A— (a) the Speaker’s Committee; (b) the Levelling Up, Housing and Communities Committee; (c) such other persons as the Commission consider appropriate. (2) After the Commission have carried out the consultation required by subsection (1), they must— (a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and (b) submit the draft to the Secretary of State for approval by the Secretary of State. (3) The Secretary of State may approve a draft code either without modifications or with such modifications as the Secretary of State may determine. (4) Once the Secretary of State has approved a draft code, the Secretary of State must lay before each House of Parliament a copy of the draft, whether— (a) in its original form, or (b) in a form which incorporates any modifications determined under subsection (3). (5) If the draft code incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them. (6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code. (7) Subsection (6) does not prevent a new draft code from being laid before Parliament. (8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period— (a) the Secretary of State must issue the code in the form of the draft laid before Parliament, (b) the Commission must arrange for the code to be published in such manner as they consider appropriate, and (c) the code comes into force on such day as the Secretary of State may by order appoint. (9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code. (10) In this section, “the 40-day period”, in relation to a draft code, means— (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (1)(b) 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 (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.

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

(za) an order under section 100B(8);

• (3) In Schedule 8A to PPERA (controlled expenditure: qualifying expenses), in paragraph 3, after sub-paragraph (10) insert—

(11) This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly) (see sections 100A and 100B as regards expenses incurred during such a period).

Part 5 — Disqualification of offenders for holding elective office etc

Disqualification orders

30

• (1) This section applies where—

• (a) a person (“the offender”) is convicted of a Schedule 9 offence,

• (b) the offender was aged 18 or over when the offence was committed, and

• (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34.

• (2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made—

• (a) for being nominated for election to a relevant elective office, and

• (b) for being elected to or holding a relevant elective office.

• (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

• (4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 if—

• (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 32 to 34, or

• (b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

• (5) For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection.

• (6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the prosecution and the defence.

• (7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

• (8) Where a Schedule 9 offence is found to have been committed—

• (a) over a period of 2 or more days, or

• (b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

• (9) In this section—

• “presumed” means presumed by the offender;

• “Schedule 9 offence” means an offence listed in Schedule 9 (and any reference in that Schedule to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence).

Vacation of office etc

31

• (1) This section applies where a court makes a disqualification order in respect of a person who holds a relevant elective office.

• (2) The relevant elective office is, subject to subsection (3), vacated at the appropriate time, namely—

• (a) the end of the period of 3 months beginning with the order date, or

• (b) if earlier, the end of the period allowed for making an appeal against the conviction or the making of the order.

• (3) Where, before the appropriate time mentioned in subsection (2), the person appeals against the conviction or the making of the order, the relevant elective office is vacated at the end of the period of 3 months beginning with the order date unless—

• (a) the appeal is dismissed or abandoned at any earlier time (in which case the relevant elective office is vacated at that time), or

• (b) at any time within that period of 3 months the appeal against the conviction or the making of the order is upheld (in which case the relevant elective office is not required to be vacated).

• (4) The person is suspended from performing any of the functions of the relevant elective office during the period beginning with the order date and ending with—

• (a) the date on which the office is vacated in accordance with this section, or

• (b) where subsection (3)(b) applies, the date on which the appeal against the conviction or the making of the order is upheld.

• (5) Where—

• (a) a person ceases to hold a relevant elective office in accordance with this section, but

• (b) at any later time the person successfully appeals against the conviction or the making of the order,

the determination of the appeal does not entitle the person to resume that office.

• (6) In this section “order date” means the date on which the disqualification order is made by the court.

Candidates etc

32

• (1) A person falls within this section if the person is—

• (a) a candidate or future candidate at an election for a relevant elective office or a relevant Scottish elective office, or

• (b) a substitute or nominee in relation to the seat of a member of the Northern Ireland Assembly or of a district council in Northern Ireland.

• (2) The reference in subsection (1)(a) to a person who is a candidate at an election includes a person who is included in a list of candidates submitted in connection with the election.

• (3) For the purposes of subsection (1)(a) a person is a future candidate at an election for a relevant elective office or a relevant Scottish elective office if—

• (a) the person has been declared, whether by the person or by others, to be a candidate at the election (and the declaration has not been withdrawn),

• (b) the election is the next scheduled election for the office, and

• (c) the notice of the election has not been published or, in the case of an election for the office of member of the House of Commons, the writ for the election has not been issued.

• (4) For the purposes of subsection (1)(b) a person is a substitute—

• (a) in relation to the seat of a member of the Northern Ireland Assembly, if the person—

• (i) is included in a notice given by the member under article 6A of the 2001 Order (vacancies arising during an Assembly term: independent members) or, where the member has given more than one notice under that article, in the last such notice, or

• (ii) is being considered by the member for inclusion in such a notice;

• (b) in relation to the seat of a member of a district council in Northern Ireland, if the person—

• (i) is included in a list of substitutes given by the member under section 11C of the 1962 Act (substitute lists: independent members) or, where the member has given more than one list of substitutes under that section, in the latest such list, or

• (ii) is being considered by the member for inclusion in such a list.

• (5) For the purposes of subsection (1)(b) a person is a nominee—

• (a) in relation to the seat of a member of the Northern Ireland Assembly, if the person—

• (i) has under article 6B of the 2001 Order (vacancies arising during an Assembly term: members of registered parties) been nominated by the nominating officer of a registered party to fill a vacancy in the seat, or

• (ii) is being considered by the nominating officer of a registered party for nomination under that article;

• (b) in relation to the seat of a member of a district council in Northern Ireland, if the person—

• (i) has under section 11E or 11F of the 1962 Act (members for registered parties: filling casual vacancies) been nominated by the nominated officer of a registered party to fill a vacancy in the seat, or

• (ii) is being considered by the nominating officer of a registered party for nomination under either of those sections.

• (6) For the purposes of subsection (5)(b) as it applies in relation to section 11F of the 1962 Act, references to the nominated officer of a registered party are to be read as references to the nominating officers of each of the registered parties concerned.

• (7) In this section—

• “the 1962 Act” means the Electoral Law Act (Northern Ireland) 1962;

• “the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

• “nominating officer”, in relation to a registered party, means the person registered as the party’s nominating officer under PPERA in the Northern Ireland register (within the meaning of PPERA);

• “registered party” means a party registered under PPERA in that register.

Holders of relevant elective offices

33

• (1) A person falls within this section if the person holds a relevant elective office or a relevant Scottish elective office.

• (2) For the purposes of subsection (1) a person is to be treated as holding a relevant elective office or a relevant Scottish elective office during any period when—

• (a) the person has been elected as, or declared to be returned as, the holder of the office, but

• (b) their term of office has not yet begun.

Campaigners

34

• (1) A person falls within this section if the person is an individual—

• (a) who is a permitted participant in relation to a referendum to which Part 7 of PPERA applies,

• (b) who is a recognised third party,

• (c) who is involved in the conduct or management of a local referendum campaign,

• (d) who is an accredited campaigner in relation to a recall petition, or

• (e) who—

• (i) undertakes activities for election purposes, for referendum purposes or for recall petition purposes, and

• (ii) is employed or engaged by a person falling within subsection (5) wholly or partly for the purpose of undertaking such activities.

• (2) Activities are undertaken “for election purposes” if they are undertaken—

• (a) for the purposes of or in connection with—

• (i) promoting or procuring electoral success for a registered party at a relevant election, or

• (ii) promoting or procuring the election of a candidate at a relevant election,

• (b) for the purposes of or in connection with enhancing the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election, or

• (c) with a view to prejudicing—

• (i) the electoral prospects of a registered party or a candidate at a relevant election, or

• (ii) the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election.

• (3) Activities are undertaken “for referendum purposes” if they are undertaken—

• (a) for the purposes of or in connection with promoting or procuring a particular outcome in relation to the question asked in a relevant referendum, or

• (b) with a view to prejudicing the prospects of another particular outcome in relation to the question asked in a relevant referendum.

• (4) Activities are undertaken “for recall petition purposes” if they are undertaken for the purposes of or in connection with promoting or procuring the success or failure of a recall petition.

• (5) The following persons fall within this subsection—

• (a) a registered party;

• (b) a person who falls within section 32(1)(a) (candidates etc);

• (c) a permitted participant in relation to a referendum to which Part 7 of PPERA applies;

• (d) a recognised third party;

• (e) a person involved in the conduct or management of a local referendum campaign;

• (f) an accredited campaigner in relation to a recall petition.

• (6) In this section—

• “accredited campaigner” has the same meaning as in the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act);

• “local referendum” means a referendum under or by virtue of— Chapter 4 of Part 1A of the Local Government Act 2000 (local authority governance: England); Part 2 of the Local Government Act 2000 (local authority governance: Wales); section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax); Schedule 4B or 4C to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans);

• “local referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a local referendum;

• “permitted participant” has the same meaning as in PPERA (see section 105 of that Act);

• “recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act);

• “recognised third party” has the meaning given in section 85(5) of PPERA;

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

• “relevant election” means an election for a relevant elective office or a relevant Scottish elective office;

• “relevant referendum” means— a referendum to which Part 7 of PPERA applies, or a local referendum.

• (7) In this section a reference to a individual who is “engaged” by a person falling within subsection (5) includes a reference to an individual who is engaged otherwise than for payment or promise of payment.

Election etc of a person to the House of Commons who is subject to a disqualification order

35

• (1) If a person who is subject to a disqualification order is elected as a member of the House of Commons, the person’s election is void.

• (2) In section 7 of the House of Commons Disqualification Act 1975 (jurisdiction of Privy Council as to disqualification), after subsection (5) insert—

(6) In this section, a reference to disqualification by this Act includes a reference to disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).

Power to amend Schedule 9

36

• (1) The Secretary of State may by regulations amend Schedule 9 by—

• (a) adding offences, or

• (b) varying or omitting offences listed in the Schedule.

• (2) Regulations under this section are to be made by statutory instrument.

• (3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Interpretation of Part

37

• (1) In this Part—

• “disqualification order” means an order made under section 30;

• “relevant elective office” means the office of—member of the House of Commons;member of Senedd Cymru;member of the Northern Ireland Assembly;member of a local authority in England, Wales or Northern Ireland;elected mayor (within the meaning of Part 1A or 2 of the Local Government Act 2000);mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; Mayor of London;member of the London Assembly;police and crime commissioner;

• “relevant Scottish elective office” means the office of—member of the Scottish Parliament, ormember of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (2) In the definition of “relevant elective office” in subsection (1), “local authority” means—

• (a) in relation to England, a county council, a district council, a parish council, a London borough council or the Council of the Isles of Scilly;

• (b) in relation to Wales, a county council, a county borough council or a community council;

• (c) in relation to Northern Ireland, a district council.

Minor and consequential amendments

38

Schedule 10 contains minor and consequential amendments.

Part 6 — Information to be included with electronic material

Definitions

Definitions relating to electronic material and publication

39

• (1) The following definitions have effect for the purposes of this Part.

• (2) “Electronic material” means material in electronic form which consists of or includes—

• (a) text or moving or still images, or

• (b) speech or music.

• (3) In this Part “electronic material” does not include material to the extent that it is received by a person in the form of—

• (a) a telephone call made to the person at a telephone number allocated to them in accordance with a national or international numbering plan, or

• (b) a Short Message Service text message sent to such a telephone number.

• (4) “The promoter”, in relation to electronic material, means the person causing the material to be published.

• (5) “Publish” means make available to the public at large or any section of the public.

• (6) The Secretary of State may by regulations amend this section so as to modify the definition of “electronic material”, “the promoter” or “publish” that for the time being has effect for the purposes of this Part.

Definitions relating to parties etc

40

• (1) The following definitions have effect for the purposes of this Part.

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

• (3) “Recognised third party” has the meaning given in section 85(5) of PPERA.

• (4) “Candidate” means a candidate at an election for a relevant elective office or a relevant Scottish elective office within the meaning of Part 5, including a person who is included in a list of candidates submitted in connection with such an election.

• (5) “Future candidate” means a person who is a future candidate at an election for a relevant elective office or a relevant Scottish elective office as defined by section 32(3).

• (6) “Elected office-holder” means a person within section 33.

• (7) “Referendum campaigner” means a person who is a permitted participant within the meaning of Part 7 of PPERA (see section 105 of that Act) in relation to a referendum to which that Part applies.

• (8) “Recall petition campaigner” means a person who is an accredited campaigner within the meaning of the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act) in relation to a recall petition.

• (9) “Recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act).

• (10) Part 5 has effect for the purposes of subsections (4) to (6) as if the definition of “relevant elective office” in section 37(1)included an office to which a person may be elected by a municipal election in the City, as defined by section 191(1) of RPA 1983 (municipal elections in the City of London).

Requirements

Requirement to include information with electronic material

41

• (1) This section applies to electronic material which—

• (a) meets the conditions in section 42 (paid-for electronic material), or

• (b) meets the conditions in section 44 (other electronic material).

• (2) Electronic material to which this section applies must not be published unless, in accordance with this section—

• (a) the information mentioned in subsection (3) is included as part of the electronic material, or

• (b) if it is not reasonably practicable to comply with paragraph (a), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.

• (3) That information is—

• (a) the name and address of the promoter of the material, and

• (b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

• (4) The Secretary of State may by regulations amend subsection (3) so as to—

• (a) add a description of information, or

• (b) modify or remove a description of information that is for the time being specified in that subsection.

• (5) Information is included as part of electronic material for the purposes of subsection (2)(a) only if—

• (a) where the material consists of or includes text or moving or still images, it is displayed in text form as part of that material;

• (b) where the material consists only of speech or music, it forms an audible part of that material.

• (6) Information that is included as part of electronic material—

• (a) must be legible or audible (as the case may be) regardless of the device used to access the material, and

• (b) must be such that, if the electronic material were to be republished by a person who did not alter the material, the information would be retained as part of the material when republished.

• (7) Information that is directly accessible from electronic material—

• (a) must be legible regardless of the device used to access the information, and

• (b) must be such that, if the electronic material were to be republished by a person who did not alter the material, access to the information would be retained as part of the material when republished.

• (8) This section is subject to—

• (a) section 46 (electronic material relating to more than one candidate), and

• (b) section 47 (exceptions).

Electronic material to which section 41 applies: paid-for material

42

• (1) Section 41 applies to electronic material which meets the following conditions.

• (2) The first condition is that the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within section 43.

• (3) The second condition is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

• (4) The reference in subsection (3) to a person paying for material to be published includes the person providing any other form of consideration in return for the publication of the material.

• (5) Where the material is published on a website or mobile application of the promoter or the person on behalf of whom the material is published, the reference in subsection (3) to a person paying for material to be published does not include the person making payments related to setting up, operating or maintaining the website or mobile application.

• (6) In subsection (5) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

Purposes referred to in section 42

43

• (1) This section sets out the purposes referred to in section 42.

• (2) The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—

• (a) a registered party,

• (b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

• (c) candidates or future candidates, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

• (3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

• (4) The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate in their capacity as such.

• (5) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

• (6) The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder in their capacity as such.

• (7) The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.

• (8) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.

• (9) The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—

• (a) the holding of a referendum in the United Kingdom or any area in the United Kingdom, or

• (b) a particular outcome of such a referendum.

• (10) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.

Electronic material to which section 41 applies: other electronic material

44

• (1) Section 41 applies to electronic material which meets the following conditions.

• (2) The first condition is that the electronic material—

• (a) can reasonably be regarded as intended to achieve any purpose within section 45 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well), or

• (b) wholly or mainly relates to a referendum to which Part 7 of PPERA applies and is published during the referendum period (within the meaning of that Part) for that referendum.

• (3) The second condition is that the promoter of the material or the person on behalf of whom it is published is—

• (a) a registered party,

• (b) a recognised third party,

• (c) a candidate or future candidate,

• (d) an elected office-holder,

• (e) a referendum campaigner, or

• (f) a recall petition campaigner.

• (4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

• (5) Subsections (4) to (6) of section 42 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.

Purposes referred to in section 44

45

• (1) This section sets out the purposes referred to in section 44.

• (2) The first purpose is promoting or procuring electoral success at one or more particular relevant elections for—

• (a) a registered party,

• (b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

• (c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

• (3) For the purposes of subsection (2)—

• (a) the reference to electoral success at a particular relevant election is a reference—

• (i) in relation to a registered party, to the return at the election of any candidate or future candidate who is standing, or is to stand, in the name of the party or is included, or is to be included, in a list of candidates submitted by the party in connection with the election, and

• (ii) in relation to any candidate or future candidate, to their return at the election, and

• (b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.

• (4) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

• (5) The second purpose is promoting or procuring the election of a particular candidate or particular future candidate at one or more particular elections.

• (6) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (5), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

• (7) The third purpose is promoting or procuring the success or failure of a recall petition.

• (8) For the purposes of determining whether any electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (7), it is immaterial that it does not expressly mention the name of the member of the House of Commons to whom the petition relates.

• (9) In this section “relevant election” means—

• (a) a parliamentary election,

• (b) an election to the Scottish Parliament,

• (c) an election to Senedd Cymru,

• (d) an election to the Northern Ireland Assembly,

• (e) a local government election within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983,

• (f) an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor,

• (g) an election for the return of a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

• (ga) an election for the return of a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,

• (h) a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act), or

• (i) an election of a police and crime commissioner.

Electronic material relating to more than one candidate or future candidate

46

• (1) For the purposes of section 41 as it has effect by virtue of sections 42 and 43, electronic material to which subsection (2) applies—

• (a) is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as influencing the public, or any section of the public, to give support to or withhold support from the candidate or future candidate, but

• (b) may be regarded as being published on behalf of the party mentioned in subsection (2).

• (2) This subsection applies to electronic material which can reasonably be regarded as influencing the public, or any section of the public, to give support to or withhold support from—

• (a) two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or

• (b) two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.

• (3) For the purposes of section 41 as it has effect by virtue of sections 44 and 45, electronic material to which subsection (4) applies—

• (a) is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but

• (b) may be regarded as being published on behalf of the party mentioned in subsection (4).

• (4) This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—

• (a) two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or

• (b) two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.

Exceptions to section 41

47

• (1) Section 41 does not apply to the republication of electronic material if—

• (a) when it was previously published—

• (i) section 41 applied to it, and

• (ii) it was published in compliance with that section, and

• (b) it is not materially altered when it is republished.

• (2) In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

• (a) the information within section 41(3), or

• (b) the access to such information,

as a result of which its previous publication complied with section 41.

• (3) Section 41 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application, unless the electronic material consists of an advertisement.

• (4) In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

• (5) Section 41 does not apply to any party political broadcast or referendum campaign broadcast included by a broadcaster in its broadcasting services.

• (6) In subsection (5)—

• “broadcaster” has the meaning given in section 37(2) of PPERA;

• “referendum campaign broadcast” has the meaning given in section 127(2) of PPERA.

• (7) The Secretary of State may by regulations amend this section so as to add, modify or remove cases to which section 41 does not apply.

Enforcement

Offence of breaching section 41

48

• (1) Where any electronic material to which section 41 applies is published in contravention of that section, the following persons are guilty of an offence—

• (a) the promoter of the material, and

• (b) any person on behalf of whom the material is being published (and who is not the promoter).

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (3) It is a defence for a person charged with an offence under subsection (1) to prove—

• (a) that the contravention arose from circumstances beyond the person’s control, and

• (b) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

• (4) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54.

• (5) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—

• (a) the electronic material had previously been published,

• (b) the person reasonably believed that when it was previously published—

• (i) section 41 applied to it, and

• (ii) it was published in compliance with that section, and

• (c) it was not materially altered when it was republished.

• (6) In subsection (5)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

• (a) the information within section 41(3), or

• (b) the access to such information,

as a result of which the person reasonably believed its previous publication complied with section 41.

• (7) The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

• (8) This section is subject to Schedule 11, which provides for certain persons who would otherwise be guilty of an offence under this section to be guilty of an illegal practice.

• (9) See also section 49, which makes provision about the removal etc of electronic material in the event of a conviction under this section.

Order to take down electronic material in breach of section 41

49

• (1) This section applies if, in respect of any electronic material, a person is convicted of—

• (a) an offence under section 48(1), or

• (b) an illegal practice by virtue of Schedule 11.

• (2) The court by or before which the person is convicted of the offence or illegal practice may order a person by whom the electronic material is published to take the action specified in the order to remove the material, or to disable access to it, before the end of the period specified in the order.

• (3) Where an order is made under subsection (2), the person to whom it applies has the same right of appeal against it as if—

• (a) the person had committed the offence under section 48(1)or (as the case may be) the illegal practice, and

• (b) the order were a sentence passed on the person for the offence or illegal practice.

• (4) A person to whom an order under subsection (2) applies commits an offence if, without reasonable excuse, the person fails to comply with the order.

• (5) A person guilty of an offence under subsection (4) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (6) The court by or before which a person is convicted of an offence under subsection (4) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

Enforcement by the Commission

50

• (1) Parts 1 to 4 and 6 of Schedule 19C to PPERA (civil sanctions) and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) apply (subject to the following provisions of this section) in relation to an offence to which this section applies as they apply in relation to a prescribed offence under that Act.

• (2) This section applies to—

• (a) an offence under section 48(1) which relates to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(2) (registered parties etc),

• (ii) section 43(7) (categories of elected office-holders), or

• (iii) section 43(9) (referendums) where the referendum in question is a referendum to which Part 7 of PPERA applies and the electronic material is published during the referendum period (within the meaning of that Part) for that referendum, or

• (b) an offence under section 48(1) which relates to the publication of electronic material—

• (i) which falls within section 44(2)(b) (referendums), or

• (ii) which can reasonably be regarded as intended to achieve a purpose within section 45(2) (registered parties etc).

• (3) In the application of paragraph 23 of Schedule 19C to PPERA (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to Schedule 19B to that Act is to be read as including a reference to Schedule 12 to this Act.

• (4) In the application of paragraph 13(1)(a) of Schedule 1 to the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) by virtue of this section, the reference to PPERA and that Order is to be read as a reference to that Act and that Order as they are applied by this section.

Notice to take down electronic material in breach of section 41

51

• (1) This section applies if—

• (a) the Commission imposes a fixed monetary penalty under paragraph 1 of Schedule 19C to PPERA on a person in relation to an offence under section 48(1) in respect of any electronic material,

• (b) the Commission imposes a discretionary requirement under paragraph 5 of that Schedule on a person in relation to such an offence,

• (c) the Commission serves a stop notice under paragraph 10 of that Schedule on a person in relation to such an offence, or

• (d) the Commission accepts an undertaking under paragraph 15 of that Schedule from a person in relation to such an offence.

• (2) The Commission may give a notice in writing to a person by whom the electronic material is published requiring the person to take the action specified in the notice to remove the material, or to disable access to it, before the end of the period specified in the notice.

• (3) A person to whom a notice under subsection (2) has been given commits an offence if, without reasonable excuse, the person fails to comply with the notice.

• (4) A person guilty of an offence under subsection (3) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (5) The court by or before which a person is convicted of an offence under subsection (3) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

• (6) This section is subject to section 52 (further provision about notices under this section).

Further provision about notice under section 51

52

• (1) Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.

• (2) The person may, within the period specified in the notice under subsection (1), make written representations to the Commission in relation to the proposal to give the person a notice under section 51(2).

• (3) The Commission may give the person a notice under section 51(2) only if—

• (a) the period for making representations has ended, and

• (b) having taken any representations made by the person into account, the Commission is still of the view that it should give the person the notice under section 51(2).

• (4) A notice under subsection (1) must include information as to—

• (a) the grounds for the proposal to give a notice to the person under section 51(2),

• (b) the proposed effect of such a notice,

• (c) the right to make representations, and

• (d) the period within which representations may be made.

• (5) The period specified under subsection (4)(d) must not be less than 14 days beginning with the day on which the notice is given.

• (6) A notice under section 51(2) must include information as to—

• (a) the grounds for serving the notice,

• (b) rights of appeal, and

• (c) the consequences of not complying with the notice.

• (7) The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.

• (8) A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—

• (a) the decision to give the notice was based on an error of fact,

• (b) the decision was wrong in law,

• (c) the decision was unreasonable, or

• (d) any action specified in the notice is unreasonable.

• (9) An appeal under subsection (8) is to—

• (a) in England and Wales, the county court,

• (b) in Scotland, a sheriff, or

• (c) in Northern Ireland, a county court.

• (10) On an appeal under subsection (8) the county court or the sheriff may—

• (a) withdraw, confirm or vary the notice, or

• (b) remit the decision whether to withdraw, confirm or vary the notice to the Commission.

Supply of information

53

• (1) Schedule 12 makes provision about the supply of information for the purposes of this Part.

• (2) Paragraphs 3 to 13 and 15 of Schedule 19B to PPERA (investigatory powers) apply in relation to an offence within section 50(2)(a) or (b) as they apply in relation to an offence under that Act.

Supplementary

Guidance

54

• (1) The Commission must prepare guidance about—

• (a) the operation of this Part, and

• (b) the exercise of functions by the Commission or a constable in relation to a breach or suspected breach of this Part.

• (2) The Commission or a constable must have regard to guidance issued under this section in exercising those functions.

• (3) Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State for approval by the Secretary of State.

• (4) The Secretary of State may approve draft guidance either without modifications or with such modifications as the Secretary of State may determine.

• (5) Once the Secretary of State has approved draft guidance, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

• (a) in its original form, or

• (b) in a form which incorporates any modifications determined under subsection (4).

• (6) If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

• (7) If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.

• (8) Subsection (7) does not prevent new draft guidance from being laid before Parliament.

• (9) If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

• (a) the Secretary of State must issue the guidance in the form of the draft laid before Parliament,

• (b) the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and

• (c) the guidance comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (10) The Commission—

• (a) may from time to time revise guidance under this section, and

• (b) must revise guidance under this section if directed to do so by the Secretary of State.

• (11) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

• (12) In this section “the 40-day period”, in relation to draft guidance, means—

• (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

• (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Information in Commission’s annual report

55

• (1) Each report by the Commission under paragraph 20 of Schedule 1 to PPERA must contain information about—

• (a) the convictions reported to the Commission under section 48(7), 49(6) or 51(5)during the year in question,

• (b) the orders made under section 49 (orders to take down electronic material) during that year,

• (c) the use made by the Commission of its powers under section 51 (notice to take down electronic material) during that year, and

• (d) the use made by the Commission of its powers under Schedule 12 (supply of information) during that year.

• (2) The report must, in particular, specify—

• (a) the cases in which a notice was given under section 51(2),

• (b) the cases in which a notice was given under paragraph 1 of Schedule 12, and

• (c) the cases in which an order under paragraph 2 or 3 of that Schedule was applied for or made.

• (3) This section does not require the Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—

• (a) would or might be unlawful, or

• (b) might adversely affect any current investigation or proceedings.

Notices

56

• (1) A notice which may be given to a person under this Part by the Commission or a constable may be given—

• (a) by delivering it to the person,

• (b) by leaving it at the person’s proper address,

• (c) by sending it by post to the person at that address, or

• (d) by sending it to the person by electronic means.

• (2) A notice to a body corporate may be given to an officer of that body.

• (3) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.

• (4) A notice to an unincorporated association (other than a partnership) may be given to a member of the governing body of the association.

• (5) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

• (a) in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;

• (b) in the case of a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership in the United Kingdom;

• (c) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.

• (6) If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address.

• (7) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

• (8) In this section—

• “officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Proceedings for an offence under this Part

57

• (1) Summary proceedings for an offence under this Part may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which the individual is for the time being.

• (2) Subsections (3) to (7) apply to—

• (a) an offence within section 50(2)(a) or (b) (offences in relation to which the Commission may exercise enforcement functions), and

• (b) an offence under section 49(4) or 51(3) (order or notice to take down electronic material).

• (3) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.

• (4) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

• (5) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.

• (6) In subsections (3) to (5) “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.

• (7) For the purposes of subsection (6) a certificate of any prosecutor as to the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact.

• (8) Subsections (9) to (15) apply to an offence under this Part other than—

• (a) an offence within section 50(2)(a) or (b), or

• (b) an offence under section 49(4) or 51(3).

• (9) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within one year after the commission of the offence.

• (10) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within one year after the commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

• (11) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within one year after the commission of the offence.

• (12) A magistrates’ court in England and Wales may act under subsection (13) if satisfied on an application by a constable or a Crown prosecutor—

• (a) that there are exceptional circumstances which justify the granting of the application, and

• (b) that there has been no undue delay in the investigation of the offence to which the application relates.

• (13) The magistrates’ court may extend the time within which proceedings must be commenced in pursuance of subsection (9) to not more than two years after the commission of the offence.

• (14) An application under subsection (12) must be made not more than one year after the commission of the offence.

• (15) Any party to an application under subsection (12) who is aggrieved by the refusal of the magistrates’ court to act under subsection (13) may appeal to the Crown Court.

Offences committed by bodies corporate

58

• (1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a person who is a director, manager, secretary or other similar officer of the body corporate, or

• (b) a person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Offences committed by unincorporated associations etc

59

• (1) Proceedings for an offence alleged to have been committed under this Part by an unincorporated association are to be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if the association were a corporation.

• (2) A fine imposed on an unincorporated association on its conviction of an offence under this Part must be paid out of the funds of the association.

• (3) Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

• (4) Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

• (5) Where a partnership is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

• (6) Where any other unincorporated association is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) any officer of the association, or

• (b) any member of the committee or other similar governing body of the association,

the officer or member, as well as the association, is guilty of that offence and liable to be proceeded against and punished accordingly.

Regulations under this Part

60

• (1) The Secretary of State may make regulations under this Part only—

• (a) where the regulations give effect to a recommendation of the Commission, or

• (b) after consultation with the Commission.

• (2) Regulations under this Part—

• (a) are to be made by statutory instrument;

• (b) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

• (3) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (4) This section does not apply to regulations under section 54(9)(c).

Meaning of “the Commission”

61

In this Part “the Commission” means the Electoral Commission.

Part 7 — General

Representation of the People Act 1983

62

• (1) The Secretary of State must, within the review period—

• (a) prepare a report on the operation of this Act,

• (b) publish the report, and

• (c) lay a copy of the report before Parliament.

• (2) In subsection (1), “the review period” is the period—

• (a) beginning with the fourth anniversary of the day on which this Act is passed, and

• (b) ending with the fifth anniversary of that day.

Power to amend references to subordinate legislation etc

63

• (1) The Secretary of State may by regulations made by statutory instrument amend—

• (a) any provision of this Act, or

• (b) any provision inserted by this Act into another Act,

in consequence of the amendment or revocation of any subordinate legislation which is for the time being referred to in the provision.

• (2) In subsection (1), “subordinate legislation” means—

• (a) subordinate legislation within the meaning of the Interpretation Act 1978, or

• (b) an instrument made under—

• (i) an Act of the Scottish Parliament,

• (ii) a Measure or Act of Senedd Cymru, or

• (iii) Northern Ireland legislation.