Report on the expert meeting on scaling-up cancer care in the Eastern Mediterranean Region, Cairo, Egypt 21-22 July 2014
An MP becomes subject to a recall petition process if—
the first, second or third recall condition has been met in relation to the MP, and
the Speaker gives notice of that fact under section 5.
In this Act “recall petition” means a petition calling—
for an MP to lose his or her seat in the House of Commons, and
for a by-election to be held to decide who should be the MP for the constituency in question.
The first recall condition is that— Sections 2 to 4 contain more about the first recall condition.
the MP has, after becoming an MP, been convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained, and
the appeal period expires without the conviction, sentence or order having being overturned on appeal.
The second recall condition is that, following on from a report from the Committee on Standards in relation to the MP, the House of Commons orders the suspension of the MP from the service of the House for a specified period of the requisite length.
A specified period is “of the requisite length” for the purposes of subsection (4) if—
where the period is expressed as a number of sitting days, the period specified is of at least 10 sitting days, or
in any other case, the period specified (however expressed) is a period of at least 14 days.
For the purposes of subsection (4) it does not matter—
when the period of suspension starts, and
where that period is expressed as a number of sitting days, what provision (if any) is made by the House regarding what does, or does not, count as a sitting day for the purpose of calculating that period.
The reference in subsection (4) to the Committee on Standards is to any committee of the House of Commons concerned with the standards of conduct of individual members of that House.
Any question arising under subsection (7) is to be determined by the Speaker.
The third recall condition is that— Sections 2 to 4 contain more about the third recall condition.
the MP has, after becoming an MP, been convicted of an offence under section 10 of the Parliamentary Standards Act 2009 (offence of providing false or misleading information for allowances claims), and
the appeal period expires without the conviction having been overturned on appeal.
The provision made by or under this Act does not affect other ways in which an MP's seat may be vacated, whether—
by the MP's disqualification - for example, under the Representation of the People Act 1981 (disqualification of certain offenders), or
by the MP's death or otherwise.
The loss by an MP of his or her seat under this Act as a result of a recall petition does not prevent him or her standing in the resulting by-election.
In section 1(3) and (9) (the first and third recall conditions)—
the reference to an offence includes an offence committed before the MP became an MP and an offence committed before the day on which section 1 comes into force, but
the reference to an MP being convicted of an offence is only to an MP being convicted of an offence on or after the day on which section 1 comes into force.
The reference in section 1(3) to an offence does not include an offence mentioned in section 1(9).
The reference in section 1(3) to an MP being sentenced or ordered—
includes the MP being sentenced or ordered where the sentence or order is suspended,
does not include the MP being remanded in custody, and
does not include the MP being authorised to be detained under mental health legislation if there is no sentence or order for imprisonment or detention other than under that legislation.
“Mental health legislation” means—
the Mental Health Act 1983,
Part 6 or section 200(2)(b) of the Criminal Procedure (Scotland) Act 1995, or
the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
For the purposes of this Act the time at which a person becomes an MP is the beginning of the day after—
the polling day for the parliamentary election at which the person is elected as an MP, or
where the person has been elected as an MP more than once, the polling day for the parliamentary election at which the person was last so elected.
For the purposes of section 1(3) and (9) (the first and third recall conditions), the appeal period expires at the earliest time at which—
it is no longer possible for there to be a relevant appeal, and
all relevant appeals have been determined or otherwise disposed of.
“Relevant appeal”, in relation to the first recall condition, means—
an appeal that—
is in respect of the conviction, sentence or order mentioned in section 1(3), and
is brought within the usual period, or
an appeal that—
is in respect of the determination of an appeal that was itself a relevant appeal, and
is brought within the period of 28 days beginning with the date of that determination or, if it ends earlier, the usual period.
“Relevant appeal”, in relation to the third recall condition, means—
an appeal that—
is in respect of the conviction mentioned in section 1(9) or of any sentence or order imposed in relation to that conviction, and
is brought within the usual period, or
an appeal that—
is in respect of the determination of an appeal that was itself a relevant appeal, and
is brought within the period of 28 days beginning with the date of that determination or, if it ends earlier, the usual period.
References in this section to an appeal being brought within the usual period are to the appeal being brought within the period allowed for bringing an appeal of the kind in question, disregarding the possibility of an appeal out of time with permission.
References in this section to an appeal—
are to an appeal to a court in the United Kingdom;
include an application (and accordingly references to an appeal being brought include an application being made);
include an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998, paragraph 31(a) of Schedule 10 to the Northern Ireland Act 1998 or paragraph 21(a) of Schedule 9 to the Government of Wales Act 2006 (appeal against a determination, in proceedings in Scotland, of a Scottish, Northern Irish or Welsh devolution issue), or an appeal under section 288AA of the Criminal Procedure (Scotland) Act 1995 (appeal on compatibility issues);
do not include a reference under Part 2 of the Criminal Appeal Act 1995 (the Criminal Cases Review Commission) or Part 10A of the Criminal Procedure (Scotland) Act 1995 (the Scottish Criminal Cases Review Commission), or a petition to the nobile officium.
References in this section to the determination of an appeal are, where the court to which the appeal is brought remits the matter to another court, to the disposal of the proceedings by that other court.
This section applies if an MP, after becoming an MP—
is convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained within the meaning of section 1(3) (see section 2), or
is convicted of an offence mentioned in section 1(9) within the meaning of that provision (see section 2).
The court that imposes the sentence or order in relation to the conviction must notify the Speaker—
of the conviction and of the sentence or order, and
whether an appeal may be brought in respect of the conviction, sentence or order.
Subsections (4) to (6) apply in a case in which an appeal is brought in respect of the conviction, sentence or order (including from a court that determines or otherwise disposes of such an appeal).
The court to which the appeal is brought must notify the Speaker that an appeal has been brought in respect of the conviction, sentence or order.
Where the appeal is determined or otherwise disposed of, the relevant court must notify the Speaker—
that the appeal has been determined or otherwise disposed of,
that—
in a case within subsection (1)(a), the conviction, sentence or order has, or has not, been overturned on appeal;
in a case within subsection (1)(b), the conviction has, or has not, been overturned on appeal, and
whether any further appeal may be brought in respect of the conviction, sentence or order.
“The relevant court” means—
the court to which the appeal is brought, or
if that court remits the matter to another court, that other court.
Section 3(5) and (6) (interpretation of references to an appeal and to the determination of an appeal) apply in relation to this section as they apply in relation to section 3, except that references in this section to an appeal do include a petition to the nobile officium.
A court is not required under this section to notify the Speaker if, at any time since the application of the section, the MP's seat has been vacated (whether by the MP's disqualification or death, or otherwise).
As soon as reasonably practicable after becoming aware that the first, second or third recall condition has been met in relation to an MP, the Speaker must give notice of that fact to the petition officer for the MP's constituency.
But subsection (1) does not apply if it would require the Speaker to give notice at a time—
within the period of 6 months ending with the last possible polling day for the next parliamentary general election,
when the MP is already subject to a recall petition process, or
when the MP's seat has already been vacated (whether by the MP's disqualification or death, or otherwise).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of subsection (2)(a), the last possible polling day is the day on which polling would take place, according to the election timetable in rule 1 of Schedule 1 to the Representation of the People Act 1983, if the Parliament then in existence were dissolved by virtue of section 4 of the Dissolution and Calling of Parliament Act 2022 (automatic dissolution of Parliament after five years).
For the purposes of subsection (2)(b), an MP is “subject to a recall petition process” during the period beginning with the giving of a notice under this section in relation to the MP and ending with—
the receipt by the petition officer of a notice under section 13(6) (early termination of recall petition process) in relation to the recall petition in question, or
the giving by the petition officer of a notice under section 14(2)(b) (determination of whether recall petition successful) of the outcome of that recall petition.
A notice under this section—
must specify the day on which it is given,
must specify which of the recall conditions has been met in relation to the MP, and
in a case in which the first recall condition has been met, must specify the offence of which the MP has been convicted.
For the purposes of this Act, a notice under this section—
is to be treated as given on the day specified in it under subsection (5)(a), and
is to be treated as received by the petition officer on the first working day after the day on which it is given.
References in this Act to a “Speaker's notice” are to a notice under this section.
There is to be a petition officer in relation to a recall petition for each constituency as determined as follows— Location of constituency Identity of petition officer England or Wales The person who is the acting returning officer in relation to the constituency by virtue of section 28 of the Representation of the People Act 1983 (discharge of returning officer's functions in England and Wales). Scotland The person who is the returning officer in relation to the constituency by virtue of section 25 of that Act (returning officers: Scotland). Northern Ireland The Chief Electoral Officer for Northern Ireland.
References in this Act to a petition officer are to a petition officer under this section.
Schedule 1 contains more about petition officers.
Where the petition officer for a constituency receives a Speaker's notice, the officer must, as soon as reasonably practicable, designate—
a place, or places, at which a recall petition is to be made available for signing, and
a day from which the petition is to be made available for signing.
A maximum of 10 places may be designated under subsection (1)(a).
The petition officer must, in determining which place or places to designate under subsection (1)(a), seek to ensure—
that all persons entitled to sign the recall petition have such reasonable facilities for signing it as are practicable in the circumstances, and
that, so far as is reasonable and practicable, every place designated is accessible to disabled persons.
The petition officer must designate under subsection (1)(b)—
the day which is the 10th working day after the day on which the officer received the Speaker's notice, or
if it is not reasonably practicable to designate that day, the first subsequent working day that it is reasonably practicable to designate.
In this Act—
“the designated place or places” means the place or places designated under subsection (1)(a);
“the Minister” means the Minister for the Cabinet Office or the Secretary of State;
“petition officer” has the meaning given by section 6(2);
The petition officer must designate under subsection (1)(b)—
a working day that falls no later than 6 May 2021, or
if it is not reasonably practicable to designate such a day, the first subsequent working day that it is reasonably practicable to designate.
As soon as reasonably practicable after determining the designated place or places and the designated day under section 7, the petition officer must send a notice of petition in accordance with regulations under section 18—
to such descriptions of persons registered in the register of parliamentary electors for the constituency as are to be specified in such regulations, and
to such other descriptions of persons as may be specified in such regulations.
Regulations under section 18 must require the notice to contain information relating to the recall condition which has been met in relation to the MP.
The petition officer must ensure that the recall petition is made available for signing throughout the signing period at the designated place or places, and by post, in accordance with regulations under section 18.
In this Act “the signing period” means the period of 6 weeks beginning with the designated day.
The recall petition is made available for signing at the designated place or places, or by post, by a separate petition signing sheet being available for signing by each person entitled to sign the petition at that place, or by post, in accordance with regulations under section 18.
The wording of a petition signing sheet must include the following— By signing in the box below, you are signing a petition for [name of MP] , the MP for [name of constituency] , to lose [his/her] seat in the House of Commons.If at least 10% of eligible people in the constituency sign the petition, [name of MP] MP will lose [his/her] seat in the House of Commons and a by-election will be held. The loss of [his/her] seat does not prevent [name of MP] standing in this by-election.If less than 10% of eligible people in the constituency sign the petition, [name of MP] MP will not lose [his/her] seat and therefore no by-election will be held.
The Minister may by regulations amend subsection (4).
Regulations under subsection (5) are subject to affirmative resolution procedure.
A person is entitled to sign a recall petition on a day during the signing period if, on that day—
the person is registered in the register of parliamentary electors for the constituency,
the person is aged 18 or over, or the date of his or her 18th birthday is before the end of the signing period, and
the person would be entitled to vote as an elector at a parliamentary election in the constituency.
Any alteration made to the register of parliamentary electors for the constituency which takes effect— does not have effect for the purposes of subsection (1)(a) if it results from a late application for registration.
after the day on which the Speaker's notice is given, and
on or before the cut-off day,
Any alteration made to the register of parliamentary electors for the constituency which takes effect after the cut-off day does not have effect for the purposes of subsection (1)(a) unless it takes effect under section 13BC(6) of the Representation of the People Act 1983 (alterations for court orders or errors).
For the purposes of this Act—
“the cut-off day” means the 3rd working day before the beginning of the signing period, and
“late application for registration” means an application for registration that—
is made after the day on which the Speaker's notice is given, or
is treated as made by virtue of section 10A(2) of the Representation of the People Act 1983 (return of canvass form treated as application for registration) in respect of a form returned after that day.
For the purposes of subsection (1)(c), section 1(1)(a) and (d) of the Representation of the People Act 1983 (requirement to be registered and of voting age) are to be disregarded.
Schedule 2 inserts section 13BC of the Representation of the People Act 1983 and makes other amendments relating to the alteration of registers of parliamentary electors.
A person who is entitled to sign a recall petition may sign it— subject to meeting the requirements of regulations under section 18 about signing it by that method.
in person,
by post, or
by proxy,
A person who is entitled to sign a recall petition may sign it only once.
Once a recall petition has been signed, the signature cannot be withdrawn.
Unless stated otherwise, references in this Act (however expressed) to the signing of a recall petition by a person are to the person signing it by any of the methods mentioned in subsection (1) otherwise than as a proxy for another person.
A person commits an offence if the person signs the same recall petition, otherwise than by proxy, more than once.
A person commits an offence if the person signs a recall petition in person or by post knowing that a person appointed to sign the petition as his or her proxy—
has already signed the petition in person as his or her proxy, or
in accordance with provision made by regulations under section 18, is entitled to sign the petition as his or her proxy by post.
A person commits an offence if the person signs the same recall petition as proxy for the same person more than once.
A person commits an offence if the person signs a recall petition as proxy for another person knowing that the other person has already signed the petition in person or by post.
An offence under this section is treated—
for the purposes of section 169 of the Representation of the People Act 1983 (mode of prosecution and penalty for illegal practices) as an illegal practice,
for the purposes of section 173 of that Act (incapacities on conviction of corrupt or illegal practice) as an illegal practice under section 61 of that Act (other voting offences),
for the purposes of section 178 of that Act (prosecution of offences committed outside the United Kingdom) as an offence under that Act, and
for the purposes of section 112 of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (incapacities on conviction of corrupt or illegal practice) as an illegal practice under paragraph 12A of Schedule 9 to that Act (other voting offences).
The court before which a person is convicted of an offence under this section may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of—
section 173 of the Representation of the People Act 1983, or
section 112 of the Electoral Law Act (Northern Ireland) 1962.
This section applies where any of the following conditions is met at any time after the Speaker's notice is given but before notice of the outcome of the recall petition has been given under section 14(2)(b).
The first condition is that Parliament is dissolved.
the polling day for the next parliamentary general election is brought forward by virtue of section 2(7) of the Fixed-term Parliaments Act 2011, and
the new day is within the period of 6 months beginning with the day on which the Speaker’s notice was given.
The second condition is that the MP's seat is vacated (whether by the MP's disqualification or death, or otherwise).
The third condition is that, in a case in which the first recall condition was met in relation to the MP, the conviction, sentence or order in question is overturned on appeal.
The fourth condition is that, in a case in which the third recall condition was met in relation to the MP, the conviction in question is overturned on appeal.
As soon as reasonably practicable after becoming aware that this section applies, the Speaker (or, in a case where this section applies by virtue of the first condition, the person who was the Speaker immediately before Parliament was dissolved) must notify the petition officer that the section applies, specifying which of the conditions above has been met.
On the petition officer receiving a notice under subsection (6)—
sections 7 to 11 cease to apply in relation to the recall petition, and
no further action is to be taken under or by virtue of this Act in relation to the process relating to the signing of the recall petition except—
the action required under subsection (8), and
any action which may be required or permitted by regulations under section 18 in relation to the termination of that process.
As soon as reasonably practicable after receiving a notice under subsection (6), the petition officer must—
take such steps as the officer considers necessary to terminate the process relating to the signing of the recall petition, and
give a public notice of the termination of that process in accordance with regulations under section 18.
Except in a case where this section applies by virtue of the first condition (dissolution of Parliament), the Speaker must lay before the House of Commons any notice given under subsection (6).
This section applies unless the petition officer has received a notice under section 13(6) (early termination of recall petition process).
As soon as reasonably practicable after the end of the signing period, the petition officer must—
determine whether the recall petition was successful,
notify the Speaker that the recall petition was successful or unsuccessful, as the case may be, and
having done that, give a public notice of the outcome of the recall petition in accordance with regulations under section 18.
For the purposes of this Act, a recall petition is successful if the number of persons who validly sign the petition is at least 10% of the number of eligible registered electors. “The number of eligible registered electors” is the number of persons registered in the register of parliamentary electors for the constituency on the last day of the signing period excluding those who, according to their entry in the register, are aged under 18 on that day.
Any alteration made to the register of parliamentary electors for the constituency which takes effect— does not have effect for the purposes of subsection (3) if it results from a late application for registration.
after the day on which the Speaker's notice is given, and
on or before the cut-off day,
Any alteration made to the register of parliamentary electors for the constituency which takes effect after the cut-off day does not have effect for the purposes of subsection (3) unless it takes effect under section 13BC(6) of the Representation of the People Act 1983 (alterations for court orders or errors).
For the purposes of subsection (3), a person validly signs a recall petition if—
the person signs the petition on a day during the signing period on which the person is entitled to do so under section 10,
the person has not previously signed the petition,
each condition (if any) imposed by regulations under section 18 of the kind mentioned in section 18(3)(d)(i) (conditions for the exercise of entitlement to sign) applicable to the method of signing used is met,
the person's signing of the petition is not invalid for the purposes of this Act under regulations under section 18 of the kind mentioned in section 18(3)(d)(iv), and
the person is not within subsection (7).
A person is within this subsection if, on the last day of the signing period, the person is not registered in the register of parliamentary electors for the constituency because the person's entry has been removed by an alteration taking effect under section 13BC(6) of the Representation of the People Act 1983.
The Speaker must lay before the House of Commons any notice received under subsection (2)(b).
If the petition officer notifies the Speaker under section 14(2)(b) that the recall petition was successful, the MP's seat becomes vacant on the giving of that notice.
That does not apply if the seat has already been vacated (whether by the MP's disqualification or death, or otherwise).
Subsection (1) is subject to regulations under section 18 about the questioning of the outcome of the recall petition.
Schedule 3 regulates expenditure in relation to recall petitions.
Schedule 4 regulates donations in relation to recall petitions.
Schedule 5 imposes reporting requirements in connection with the financial control of recall petitions.
The Minister may by regulations amend Schedule 4 or 5 to make provision corresponding or similar to any of the modifications to Schedule 15 to PPERA 2000 (control of donations to permitted participants) made by or under the Political Parties and Elections Act 2009 (other than section 20 of that Act).
Regulations under subsection (4) are subject to affirmative resolution procedure.
Section 62 of the Electoral Administration Act 2006 (regulation of loans: power to make provision) is amended as follows.
In the heading, for “and referendums” substitute “ , referendums and recall petitions ”.
In subsection (2), after paragraph (c) insert—
In subsection (3A), for “recognised third party or a permitted participant in a referendum” substitute “ relevant person ”.
After that subsection insert—
“accredited campaigner” has the same meaning as in Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule); “recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1(2) of that Act);
The Minister may by regulations—
make further provision about the conduct of a recall petition;
make provision about the questioning of the outcome of a recall petition and the consequences of irregularities;
make further provision about the giving, sending, delivery or receipt of notices or other documents under this Act.
Regulations under subsection (1) may—
apply or incorporate any provision of electoral legislation (with or without modifications or exceptions);
amend any form contained in a provision of electoral legislation for use in relation to recall petitions;
make provision conferring a discretion on any person;
make provision creating a criminal offence;
make further provision about criminal offences under this Act.
The provision that may be made under subsection (1)(a) includes, in particular—
provision about the notice of petition under section 8, the petition signing sheet under section 9 or the public notice required under section 13(8)(b) or 14(2)(c);
provision permitting or requiring the petition officer not to make the recall petition available for signing at the designated place or places at particular times of the day or on particular days;
provision allocating persons registered in the register of parliamentary electors for a constituency to a particular designated place and limiting the availability of the petition for signing at that place to signing by persons so allocated who are entitled to sign it;
provision about signing a recall petition in person, by post or by proxy, and in particular—
provision under which an entitlement to sign a recall petition in person, by post or by proxy may be exercised only where conditions specified in the regulations are met;
provision about what a person must do in order to be regarded as having signed a recall petition for the purposes of this Act;
provision about when a person who signs a recall petition by post is treated as signing it for the purposes of this Act;
provision about when a person's signing of a recall petition is invalid for the purposes of this Act;
provision permitting or requiring the petition officer, in determining under section 14(2)(a) whether a recall petition was successful, to treat a person who signed the petition as having validly signed it for the purposes of section 14(3);
provision about access to, or the supply of copies of, the register of parliamentary electors for a constituency or documents produced in relation to a recall petition;
provision about the retention or disposal of documents or other information in relation to a recall petition;
further provision about the regulation of campaigning in relation to a recall petition.
Provision made as mentioned in subsection (3)(e) does not affect—
the question of whether, for the purposes of provision made under subsection (1)(b), a person validly signed a recall petition for the purposes of section 14(3) (determination of whether recall petition successful), or
liability to any penalty arising from a person signing a recall petition but failing to validly sign it for the purposes of section 14(3).
The outcome of a recall petition may be questioned only in accordance with provision made under subsection (1)(b).
The provision that may be made under subsection (1)(c) includes—
provision about how a notice or other document authorised or required under this Act to be given, sent or delivered is given, sent or delivered;
provision about the circumstances in which, and the time at which, a notice or other document is (or is to be treated as having been) given, sent, delivered or received.
For the purposes of this section, “a provision of electoral legislation” means—
a provision of, or made under, the Representation of the People Acts, or
a provision of other legislation which is a provision relating to elections.
Regulations under this section are subject to affirmative resolution procedure.
If a relevant circumstance arises, the functions of the Speaker under or by virtue of this Act (“the Speaker's functions”) are to be performed by the Chairman of Ways and Means or a Deputy Chairman of Ways and Means.
For the purposes of this section, a “relevant circumstance” arises if—
the Speaker is unable to perform the Speaker's functions because of absence, illness or for any other reason,
the first, second or third recall condition has been met in relation to the Speaker, or
there is a vacancy in the office of the Speaker.
Schedule 6 contains minor and consequential amendments.
Regulations under this Act are to be made by statutory instrument.
But that does not apply to regulations under—
paragraph 3(9) of Schedule 1 (regulations made by the Minister about petition officer's accounts), or
paragraph 1(4) of Schedule 5 (regulations made by the Electoral Commission about the form of a recall petition return).
Regulations under this Act may—
make consequential, supplementary, incidental, transitional or saving provision;
make different provision for different purposes or areas.
The power under subsection (3)(a) includes, in the case of regulations under section 18 (power to make further provision about conduct of a recall petition etc), the power to amend legislation.
Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh version) applies in relation to regulations under this Act as it applies in relation to Acts of Parliament.
Where regulations under this Act—
are subject to “affirmative resolution procedure” they must not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
are subject to “negative resolution procedure” the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations subject to affirmative or negative resolution procedure.
Provision that may be made by regulations under this Act subject to negative resolution procedure may be included in regulations subject to affirmative resolution procedure.
This section (apart from subsection (7)) does not apply to regulations under section 24 (commencement).
In this Act—
“the cut-off day” has the meaning given by section 10(4)(a);
“PPERA 2000” means the Political Parties, Elections and Referendums Act 2000;
The total petition expenses incurred during the recall petition period by or on behalf of a person who is not an accredited campaigner must not exceed £500. The following provisions of this paragraph apply where— Where P is an individual, P commits an offence if P knew or ought reasonably to have known that the expenses would be incurred in excess of that limit. Where P is a body— An offence under this paragraph is a corrupt practice.
The Minister may by regulations amend paragraph 14 or 15. Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to affirmative resolution procedure.
In this Schedule, the following expressions have the same meaning as in PPERA 2000: “business”; “market value”; “minor party”; “property”; “registered party”; “treasurer” (see section 160(1) of that Act). In the case of references to the treasurer of a registered party, see section 25(7) of that Act (which is inserted by paragraph 4(3) of Schedule 6 to this Act).
An application under paragraph 3(7) for a petition officer's account to be taxed (“a taxation application”) is made— On a taxation application the court or Auditor has jurisdiction— On a taxation application the petition officer may apply to the court or Auditor to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account. Where such an application is made in respect of a claim—
No petition expenses are to be incurred by or on behalf of an accredited campaigner unless they are incurred with the authority of— A person commits an offence if, without reasonable excuse, the person incurs an expense in contravention of sub-paragraph (1). An offence under this paragraph is a corrupt practice.
An application may be made to the appropriate court for leave for a relevant claim to be paid although sent to a person mentioned in paragraph 10(1)(a) after the end of the period allowed under paragraph 10(1)(b); and the appropriate court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave. An application under sub-paragraph (1) may be made by— In this paragraph “appropriate court” means— Paragraph 10(1) and (2) do not apply in relation to any sum paid in pursuance of the order of leave. The jurisdiction conferred by this paragraph on the Court of Session or the sheriff may be exercised in such manner as is prescribed by Act of Sederunt; and any order made by the sheriff by virtue of this paragraph may be appealed to the Court of Session. Article 60 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (appeals from county courts) applies in relation to an order of a county court in Northern Ireland made by virtue of this paragraph as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
The matters referred to in paragraph 13(1)(b) are as follows. Advertising of any nature (whatever the medium used). Expenses incurred in respect of this matter include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage). Unsolicited material addressed to persons entitled to sign the recall petition (whether addressed to them by name or intended for delivery to households within any particular area). Transport (by any means) of persons to any place. Public meetings (of any kind). Expenses incurred in respect of this matter include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them. The services of a responsible person in relation to an accredited campaigner, or of any other person engaged in connection with promoting or procuring the success or failure of the recall petition. Accommodation and administrative costs.
The statement required by paragraph 1(2)(b)(i) to be contained in the recall petition return is— If the information recorded under sub-paragraph (1)(a)(iii) includes a statement of the kind mentioned in paragraph 2(3B) or (3C) of Schedule 6 to PPERA 2000 (statement that accredited campaigner has seen evidence of anonymous entry in electoral register), the return must be accompanied by a copy of the evidence referred to in the statement. Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to negative resolution procedure.
The responsible person must, within 30 days of the end of the recall petition period, deliver to the petition officer— Where, after the date on which the return is delivered to the petition officer, leave is granted by a court under paragraph 11 of Schedule 3 (leave for payment of late claim), the responsible person must, within 7 days of any payment made in pursuance of the order of leave, deliver to the petition officer a supplementary return. The supplementary return—
The petition officer must— Where sub-paragraph (1) applies in relation to a recall petition return that contains a statement mentioned in paragraph 3 or 4 that includes the home address of a donor who is an individual, the duties imposed by sub-paragraph (1) apply in relation to a copy of the statement that does not include the donor’s home address. The petition officer must, within 40 days of the end of the recall petition period— “The relevant information” means the place at which, and times at which, recall petition returns, supplementary returns (if any) and declarations are to be made available for public inspection under sub-paragraph (1). After the expiry of the 2 year period mentioned in sub-paragraph (1)(b), the petition officer must— Regulations under this paragraph are subject to affirmative resolution procedure. References in this paragraph to a declaration are to a declaration under paragraph 2(3)(b), (c) or (d) or 5.
PPERA 2000 is amended as follows.
Part 1 (the Electoral Commission) is amended as follows. In section 5 (reports on elections and referendums)— In section 6 (reviews of electoral and political matters)— In section 6A(1) (attendance of representatives of Commission at elections etc), after paragraph (b) insert— In section 6F (code of practice on attendance of observers at elections etc), after subsection (1) insert— In section 7(2) (Commission to be consulted on changes to electoral law), after paragraph (j) insert— In section 10(3)(a) (giving of advice and assistance), omit the “and” at the end of sub-paragraph (iv) and after sub-paragraph (v) insert—. In section 21 (interpretation of Part 1), make the existing provision subsection (1) and after that subsection insert— In Schedule 1 (the Electoral Commission), in paragraph 3(3)—
Part 2 (registration of political parties) is amended as follows. In section 24 (office-holders to be registered)— In section 25 (parties with campaigns officers)—
Part 5 (control of campaign expenditure) is amended as follows. In section 72(7) (campaign expenditure)— In section 74(3) (officers of registered party with responsibility for campaign expenditure), for “or a” substitute “, a” and after “Part VII” insert “or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act)”.
Part 6 (controls relating to third party national election campaigns) is amended as follows. In section 87(1)(b) (expenditure by third parties which is not controlled expenditure)—
Part 9 (reports of gifts received by unincorporated associations) is amended as follows. In Schedule 19A (reports of gifts received by unincorporated associations making political contributions), in paragraph 1—
“the designated place or places” has the meaning given by section 7(5);
“the designated day” has the meaning given by section 7(5);
A petition officer may recover from the Minister charges in respect of services rendered, or expenses incurred, by the officer for or in connection with the performance of the officer's functions under or by virtue of this Act if— Regulations under sub-paragraph (1) may specify, or make provision for determining in accordance with the regulations, a maximum recoverable amount for services or expenses of any specified description. The petition officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses. But in a particular case the Minister may, if satisfied that the conditions in sub-paragraph (5) are met, and with the consent of the Treasury, authorise the payment of— Those conditions are— The amount of any charges recoverable in accordance with this paragraph is to be paid by the Minister on an account being submitted to the Minister. But the Minister may, before payment, apply for the account to be taxed under paragraph 4. On the request of a petition officer for an advance on account of the officer's charges, the Minister may make an advance on such terms as the Minister thinks fit. The Minister may by regulations make provision as to— Any sums required by the Minister for making payments under this paragraph are to be charged on, and paid out of, the Consolidated Fund. In sub-paragraphs (2) to (4), “specified” means specified in, or determined in accordance with, regulations under sub-paragraph (1).
The statements required by paragraph 1(2)(a) to be contained in the recall petition return are— Sub-paragraph (1) does not apply to payments made in respect of pre-accreditation expenses or to claims for the payment of such expenses. The documents required by paragraph 1(2)(a) to accompany the recall petition return are— In this paragraph “pre-accreditation expenses” means—
The responsible person must make the following declaration— In the case of an accredited campaigner to whom this sub-paragraph applies, the declaration must also state— Sub-paragraph (2) applies to an accredited campaigner who— The declaration must be signed by the responsible person.
The petition officer must deliver to the Electoral Commission— Delivery under sub-paragraph (1) must be as soon as reasonably practicable after the officer receives the document in question.
a Saturday or Sunday,
No payment may be made in respect of petition expenses incurred, or to be incurred, by or on behalf of an accredited campaigner unless it is made by— Any payment of £20 or more made in respect of such expenses by a person within sub-paragraph (1)(a) or (b) must be supported by an invoice or receipt. Where a person within sub-paragraph (1)(b) (“P”) makes a payment required by sub-paragraph (2) to be supported by an invoice or receipt, P must, as soon as reasonably practicable after making the payment, deliver to the responsible person— A person commits an offence if, without reasonable excuse, the person— An offence under this paragraph is an illegal practice.
A person who makes a disputed claim may bring an action for it; and paragraph 10(2) does not apply in relation to any sum paid in pursuance of a judgment or order made by a court in the proceedings. In this paragraph “disputed claim” means a relevant claim that— A person to whom a disputed claim is sent may make an application to the appropriate court for leave for it to be paid after the end of the period allowed under paragraph 10(2); and the appropriate court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave. In this paragraph “appropriate court” has the same meaning as in paragraph 11. Paragraph 10(2) does not apply in relation to any sum paid in pursuance of an order of leave granted under sub-paragraph (3). The jurisdiction conferred by sub-paragraph (3) on the Court of Session or the sheriff may be exercised in such manner as is prescribed by Act of Sederunt; and any order made by the sheriff by virtue of that sub-paragraph may be appealed to the Court of Session. Article 60 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (appeals from county courts) applies in relation to an order of a county court in Northern Ireland made by virtue of sub-paragraph (3) as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
A relevant donation received by an accredited campaigner must not be accepted by the accredited campaigner if—
the donor is not, at the time of its receipt, a permissible donor, or
the accredited campaigner is unable to ascertain the identity of the donor (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise).
Sub-paragraphs (2) and (3) apply where— For the purposes of this Schedule each individual contribution by a person within sub-paragraph (1)(a)(i) or (ii) of more than £500 is treated as if it were a separate donation received from that person. In relation to each such separate donation, the agent must ensure that, at the time when the relevant amount is received by the accredited campaigner, the responsible person is given— Sub-paragraph (5) applies where a person (“the agent”) causes an amount to be received by an accredited campaigner by way of a relevant donation on behalf of one other person (“the donor”). The agent must ensure that, at the time when the donation is received by the accredited campaigner, the responsible person is given all such details in respect of the donor as are required by paragraph 3(1)(a)(iii) of Schedule 5. A person commits an offence if, without reasonable excuse, the person fails to comply with sub-paragraph (3) or (5). A person guilty of an offence under this paragraph is liable—
This paragraph applies where an accredited campaigner receives a relevant donation which the accredited campaigner is prohibited from accepting by virtue of paragraph 9(b) (unidentifiable donor). The donation must be returned to the appropriate person before the end of the period of 30 days beginning with the day on which the donation is received. “The appropriate person” means— If sub-paragraph (2) is not complied with an offence is committed by— A person guilty of an offence under this paragraph is liable— The Electoral Commission must pay into the Consolidated Fund any amount received by virtue of this paragraph.
Sub-paragraphs (2) to (5) apply where an order is made under paragraph 17 by— The accredited campaigner may, before the end of the period of 30 days beginning with the day on which the order is made, appeal to the Crown Court or, in Northern Ireland, to a county court. An appeal under sub-paragraph (2) is by way of a rehearing. The standard of proof in proceedings on an appeal under sub-paragraph (2) is that applicable to civil proceedings. The court on hearing an appeal under sub-paragraph (2)— Where an order is made under paragraph 17 by the sheriff, the accredited campaigner may appeal against the order to the Court of Session.
The following provisions of PPERA 2000 apply in relation to offences under this Schedule as they apply in relation to offences under that Act— In paragraphs 12(7)(b)(i), 14(6)(b)(i), 15(5)(b)(i) and 20(5)(b)(i)—
This paragraph applies where— The appropriate proportion of the petition expense is treated for the purposes of this Part of this Schedule as incurred during the recall petition period by or on behalf of the person. The “appropriate proportion” of the expense is such proportion of it as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b).
A person is eligible to be an accredited campaigner if the person is any of the following— In this paragraph “an electoral register” means—
If the accredited campaigner is a registered party but is not a minor party, the responsible person in relation to the accredited campaigner is the treasurer of the party. In any other case, the responsible person in relation to the accredited campaigner is— But where the individual named as mentioned in sub-paragraph (2)(a) or (b) is not the accredited campaigner, that named individual is the responsible person in relation to the accredited campaigner only if—
Northern Ireland legislation, or
“working day” means a day that is not— and for that purpose “bank holiday” means a day that is a bank holiday in the part of the United Kingdom in which the MP's constituency is situated.
This paragraph applies where petition expenses are incurred by or on behalf of a person in pursuance of a relevant plan. “Relevant plan” means a plan or other arrangement by which— with a view to, or otherwise in connection with, promoting or procuring the success or failure of the recall petition. The expenses mentioned in sub-paragraph (1) are treated for the purposes of this Part of this Schedule (apart from this paragraph) as also having been incurred by or on behalf of the other person (or, as the case may be, each of the other persons) mentioned in sub-paragraph (2)(b).
A reference in this Part of this Schedule to a petition expense incurred during the recall petition period by or on behalf of an accredited campaigner includes—
any petition expense incurred during that period by or on behalf of a person who is not an accredited campaigner in relation to the recall petition in question at the time the expense is incurred but who subsequently becomes such an accredited campaigner, and
any petition expense treated by virtue of paragraph 5 or 6 as incurred during that period by or on behalf of a person where that person becomes an accredited campaigner in relation to the recall petition in question during that period.
For the purposes of this Schedule an expense is a “petition expense” if— For the purposes of sub-paragraph (1)(d) an expense is a “relevant personal expense” of P if it is incurred in respect of—
The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice giving— Once the Commission have prepared a draft code under this paragraph, they must submit it to the Minister for approval. The Minister may approve a draft code either without modification or with such modifications as the Minister may determine. Once the Minister has approved a draft code, the Minister must lay before Parliament— If, within the 40-day period, either House of Parliament resolves not to approve the draft, neither the Minister nor the Commission are to take any further step in relation to the draft code. If no such resolution is made within the 40-day period— Sub-paragraph (5) does not prevent a new draft code from being laid before Parliament. In this paragraph “the 40-day period”, in relation to a draft code, means— For that purpose, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. In this paragraph references to a draft code include a revised draft code.
References in this Act to the register of parliamentary electors for a constituency are to the register of parliamentary electors for the constituency maintained under section 9 of the Representation of the People Act 1983.
Where under that section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency—
references in this Act (other than in section 14(3) and (7)) to the register of parliamentary electors for the constituency are to be read as references to one of those registers in respect of a part of the constituency,
the reference in section 14(3) to “the number of persons registered in the register of parliamentary electors for the constituency on the last day of the signing period excluding those who, according to their entry in the register, are aged under 18 on that day” is to be read as a reference to the number given by—
determining, in the case of each of those registers in respect of a part of the constituency, the number of persons registered in that register on that day excluding those who, according to their entry in that register, are aged under 18 on that day, and
then adding together the numbers so determined, and
the reference in section 14(7) to a person who is not registered in the register of parliamentary electors for the constituency is to be read as a reference to a person who is not registered in any of those registers.
References in this Act (however expressed) to the signing of a recall petition by a person are to be read in accordance with section 11(4).
A duty under this Act to notify (however expressed) is a duty to give notice in writing.
An amendment or repeal by this Act has the same extent as the provision of legislation to which it relates.
Subject to that, this Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions come into force on the day on which this Act is passed—
section 9(5) and (6) (power by regulations to amend section 9(4) (wording of petition signing sheet));
section 16(4) and (5) (power by regulations to amend Schedule 4 or 5);
section 17 (amendments to the Electoral Administration Act 2006 conferring power by order to make provision about loans);
section 18 (power to make further provision about conduct of a recall petition etc);
section 21 (regulations);
sections 22 and 23 (interpretation and extent);
this section;
section 25 (short title).
The following provisions (which contain other regulation-making powers and related provision) also come into force on the day on which this Act is passed—
section 6(3) and paragraph 3 of Schedule 1, for the purposes of making regulations under that paragraph;
section 8 so far as relating to the making of regulations under section 18;
section 10(6) and paragraphs 1 and 7 of Schedule 2, for the purposes of making regulations under section 13BC of the Representation of the People Act 1983 (as inserted by paragraph 7);
paragraphs 16, 23 and 24 of Schedule 3 (and section 16(1) so far as relating to those paragraphs);
paragraphs 3(4) to (6) and 8 of Schedule 4 (and section 16(2) so far as relating to those provisions of that Schedule);
section 16(3) and paragraphs 1, 3, 4 and 9 of Schedule 5, for the purposes of making regulations under those paragraphs;
paragraph 3(6) of Schedule 6 (which amends section 7(2) of PPERA 2000) (and paragraphs 2 and 3(1) of that Schedule, and section 20, so far as relating to paragraph 3(6)).
The remaining provisions of this Act come into force on such day as the Minister may by regulations made by statutory instrument appoint.
Those regulations—
may appoint different days for different purposes;
may make transitional, transitory or saving provision.
This Act may be cited as the Recall of MPs Act 2015.
Section 6
It is the petition officer's general duty to do anything necessary for effectually conducting a recall petition in accordance with this Act and regulations made under it.
The responsible person in relation to an accredited campaigner must make a return, referred to in this Schedule as a “recall petition return”. The recall petition return must specify the recall petition to which it relates and— Sub-paragraph (2)(b) applies to an accredited campaigner who— The Electoral Commission may by regulations prescribe a form of return which may be used for the purposes of this Schedule. In this Schedule—
The statement required by paragraph 1(2)(b)(iii) to be contained in the recall petition return is a statement— In relation to a relevant donation of the kind mentioned in sub-paragraph (1)(a), “the appropriate details” means— In relation to a relevant donation of the kind mentioned in sub-paragraph (1)(b), “the appropriate details” means— Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to negative resolution procedure.
The responsible person commits an offence if, without reasonable excuse, he or she— An offence under sub-paragraph (1) is an illegal practice. The responsible person commits an offence if without reasonable excuse, he or she fails to deliver a declaration under paragraph 5 in accordance with paragraph 6(1)(b). The responsible person commits an offence if he or she delivers a declaration under paragraph 2(3)(b), (c) or (d) or 5 to the petition officer where— An offence under sub-paragraph (3) or (4) is a corrupt practice. Paragraph 25 of Schedule 3 (which is about offences under that Schedule which are corrupt or illegal practices) applies to an offence under this paragraph as it applies to an offence under that Schedule.
The following provisions of Schedule 3 (regulation of expenditure) apply for the purposes of this Schedule as they apply for the purposes of Part 2 of that Schedule—
paragraph 4 (expenses incurred by persons acting in concert);
paragraph 5 (expenses incurred before the recall petition period);
paragraph 6 (notional petition expenses);
paragraph 7 (expenses incurred before becoming an accredited campaigner).
Sub-paragraphs (2) and (3) apply in relation to a petition officer for a constituency in England, Wales or Scotland. The petition officer may appoint one or more deputies to perform any or all of the officer's functions under or by virtue of this Act. Each local authority whose area falls wholly or partly within the constituency must place the services of its officers at the disposal of the petition officer for the purpose of assisting the petition officer in the performance of the officer's functions under or by virtue of this Act. “Local authority” means— Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (appointment of temporary deputy, delegation to assistants and involvement of officers of local authorities) have effect in relation to the Chief Electoral Officer for Northern Ireland in his or her capacity as a petition officer in relation to a recall petition.
An offence that is a corrupt practice under this Schedule is treated— An offence that is an illegal practice under this Schedule is treated—
In this Schedule, “donation”, in relation to an accredited campaigner, means— But this sub-paragraph is subject to the exceptions in paragraph 4. In sub-paragraph (1)(a), “gift” includes a transfer of money or other property where— Where, by virtue of sub-paragraph (1)(c), money spent constitutes a donation to an accredited campaigner, the accredited campaigner is treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question. In determining— regard is to be had to the total value in monetary terms of the consideration provided by or on behalf of the accredited campaigner in respect of the loan or the provision of the property, services or facilities. Where, apart from this sub-paragraph, anything would be a donation— sub-paragraph (1)(b) applies in relation to it to the exclusion of the other provision of this paragraph. A reference in this Schedule— In this paragraph— For the purposes of this Schedule it is immaterial whether a donation is made or received in the United Kingdom or elsewhere.
This paragraph has effect for the purposes of this Schedule. The value of a donation within paragraph 2(1)(a) is the value of the money or the market value of the property. But where that provision applies by virtue of paragraph 2(2), the value of the donation is the difference between— The value of a donation within paragraph 2(1)(b) is— and accordingly the value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded. The value of a donation within paragraph 2(1)(d) is the difference between— The value of a donation within paragraph 2(1)(e) is the difference between— Where a donation within paragraph 2(1)(d) or (e) confers an enduring benefit on the donee over a particular period, the value of the donation—
The Minister may by regulations amend any of the following provisions so as to substitute a different amount for the amount for the time being mentioned in the provision— Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to affirmative resolution procedure. Sub-paragraphs (2) and (3) do not apply where the Minister considers that the substitution is expedient in consequence of changes in the value of money.
Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) is amended as follows. In the form of writ in the Appendix of Forms at the end of that Schedule—
Section 10
Part 1 of the Representation of the People Act 1983 (parliamentary franchise etc) is amended as follows.
In section 13 (publication of registers), in subsection (5)(b), for “13BA” substitute “ 13BC ”.
Section 13A (alteration of registers) is amended as follows. In subsection (4), for “or 13BA(3), (6) or (9)” substitute “ , 13BA(3), (6) or (9) or 13BC(3) or (6) ”. In subsection (5), for “or section 13BA” substitute “ , section 13BA or section 13BC ”.
Section 13AB (alteration of registers: interim publication dates) is amended as follows. In subsection (7)(a), after “13A(2)” insert “ or 13BC(3) or (6) ”. In subsection (7), for paragraph (b) substitute— After subsection (7), insert— After subsection (9), insert—
Section 13B (alteration of registers: pending elections), as it has effect in England and Wales and Scotland, is amended as follows. In subsection (1), after “section 13A(2) above” insert “ or section 13BC(3) or (6) below ”. In subsection (2)(c), for “or section 13AB(3)” substitute “ , or under section 13AB(3) or section 13BC(3) or (6), ”. After subsection (3), insert—
Section 13BA (alteration of registers in Northern Ireland: pending elections) is amended as follows. In subsection (1), after “section 13A(2)” insert “ or section 13BC(3) or (6) ”. In subsection (2)(b), after “section 13A(2)” insert “ , or section 13BC(3), ”. After subsection (3), insert— In subsection (5)(b), after “section 13A(2)” insert “ , or section 13BC(3) or (6), ”. After subsection (6), insert—
Before section 13C, insert—
Section 56 (registration appeals: England and Wales) is amended as follows. In subsection (4), for “and 13B” substitute “ , 13B and 13BC ”. In subsection (4A), after “13B(3) or (3B)” insert “ or 13BC(3) or (6) ”.
Section 58 (registration appeals: Northern Ireland) is amended as follows. In subsection (4), for “and 13BA” substitute “ , 13BA and 13BC ”. In subsection (5), for “or 13BA(6) or (9)” substitute “ , 13BA(6) or (9) or 13BC(3) or (6) ”.
Section 16
“the signing period” has the meaning given by section 9(2);
This Schedule regulates expenditure in relation to recall petitions. Part 2 limits the amount of petition expenses that may be incurred during the recall petition period— Part 3 imposes further controls on the petition expenses of accredited campaigners. Part 4 defines “petition expense”. Part 5 defines “accredited campaigner” and identifies the responsible person in relation to an accredited campaigner. Part 6 contains supplementary provision, including— In this Schedule, “the recall petition period”, in relation to a recall petition, means the period—
A relevant claim is not payable unless it— A relevant claim must be paid before the end of the period of 28 days beginning with the first day after the recall petition period. In this Part of this Schedule “relevant claim” means a claim for payment in respect of petition expenses incurred during the recall petition period by or on behalf of an accredited campaigner. A person commits an offence if, without reasonable excuse, the person— An offence under this paragraph is an illegal practice. Where the period allowed under sub-paragraph (1)(b) or (2) would, apart from this sub-paragraph, end on a day that is not a qualifying day, the period instead ends on the first subsequent day that is a qualifying day. “Qualifying day” means a day that is not— For this purpose “bank holiday” means a bank holiday in— Sub-paragraph (2) does not—
The matters referred to in paragraph 13(1)(c) are as follows. The publication of any matter, other than an advertisement, relating to the recall petition in— The provision by an individual of his or her own services where the services are provided voluntarily in his or her own time and free of charge. The provision by an individual of accommodation which is his or her sole or main residence if the provision is made free of charge. The provision by an individual of transport if the means of transport was acquired by him or her principally for his or her personal use and the provision is made free of charge. The provision by an individual of computing or printing equipment if the equipment was acquired by him or her principally for his or her personal use and the provision is made free of charge.
The Minister may by regulations amend any of the following provisions so as to substitute a different amount for the amount for the time being mentioned in the provision— Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to affirmative resolution procedure. Sub-paragraphs (2) and (3) do not apply where the Minister considers that the substitution is expedient in consequence of changes in the value of money.
For the purposes of this Schedule sponsorship is provided in relation to an accredited campaigner if— “Defined expenses” means expenses in connection with— But the following do not constitute sponsorship for the purposes of this Schedule— The Minister may by regulations amend sub-paragraph (2) or (3). Before making regulations under this paragraph the Minister must consult the Electoral Commission. Regulations under this paragraph are subject to affirmative resolution procedure. In this paragraph “publication” means a publication made available in any form and by any means (whether or not to the public or any section of the public).
In this Schedule “permissible donor” means— But “permissible donor” does not include, in relation to a recall petition in respect of an MP for a constituency in Great Britain, a party registered in the Northern Ireland register maintained by the Electoral Commission under Part 2 of PPERA 2000 (registration of political parties). In relation to a donation in the form of a bequest, sub-paragraph (1)(b) has effect as if it referred to an individual who was, at any time within the period of 5 years ending with the date of his or her death, registered in an electoral register. In this paragraph “an electoral register” means—
In paragraph 10 “exempt trust donation” means a donation that— Condition A is that— “Relevant trust” means a trust— Condition B is that— “Qualifying trust” means a trust— In this paragraph—
This paragraph applies where an accredited campaigner receives a relevant donation which the accredited campaigner is prohibited from accepting by virtue of paragraph 9(a) (impermissible donor) but not by virtue of paragraph 9(b) (unidentifiable donor). The donation must, before the end of the period of 30 days beginning with the day on which the donation is received, be returned to— If sub-paragraph (2) is not complied with, an offence is committed by— It is a defence for a person charged with an offence under this paragraph to show that— “The relevant person” means— A person guilty of an offence under this paragraph is liable—
This paragraph applies where an accredited campaigner accepts a relevant donation in contravention of paragraph 9. The court may, on an application made by the Electoral Commission, order the forfeiture by the accredited campaigner of an amount equal to— The standard of proof in proceedings on an application under this paragraph is that applicable to civil proceedings. An order may be made under this paragraph whether or not proceedings are brought against any person for an offence connected with the donation. In this paragraph “the court” means— Proceedings on an application under this paragraph to the sheriff are civil proceedings.
A person commits an offence if the person— “An evasion arrangement” is any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of relevant donations to an accredited campaigner by any person other than a permissible donor. A person commits an offence if the person knowingly gives the responsible person in relation to an accredited campaigner— A person commits an offence if the person, with intent to deceive, withholds from the responsible person in relation to an accredited campaigner— A person guilty of an offence under this paragraph is liable—
an Act of the Scottish Parliament,
The total petition expenses incurred during the recall petition period by or on behalf of an accredited campaigner must not exceed £10,000. The following provisions of this paragraph apply where— Where P is an individual— Where P is a registered party or is a body that is not a registered party— In proceedings for an offence under this paragraph it is a defence to show that— A person is taken to have shown the matters specified in sub-paragraph (5) if— An offence under this paragraph is an illegal practice.
This paragraph applies where the following two conditions are met in relation to a person (“P”). The first condition is that— The second condition is that the property, services or facilities is or are made use of by or on behalf of P— Where this paragraph applies— The “appropriate proportion” of the gross notional amount is such proportion of that amount as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (3) during the recall petition period. Where sub-paragraph (2)(a) applies, the gross notional amount is such proportion of either— as is reasonably attributable to the use made of the property as mentioned in sub-paragraph (3) during the recall petition period. Where sub-paragraph (2)(b) applies, the gross notional amount is such proportion of either— as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (3) during the recall petition period. Where the services of an employee are made available by his or her employer for the use or benefit of a person, then for the purposes of this paragraph the amount that is to be taken as constituting the commercial rate for the provision of those services is— Sub-paragraph (4)(b) does not apply if it would (apart from this sub-paragraph) treat an amount of £50 or less as petition expenses incurred by P during the recall petition period. In this paragraph a reference to property being transferred to P, or to property, services or facilities being provided for the use or benefit of P, includes—
In this Part of this Schedule, “accreditation notice”, in relation to a person (“P”) who is eligible to be an accredited campaigner, means a notice— Sub-paragraph (1)(d)— The further information mentioned in sub-paragraph (1)(c) is as set out in the following table— Where P is.... The further information required is... a registered party the party’s registered name, and the address of the party’s headquarters or, if it has no headquarters, the address to which communications to the party may be sent an individual the individual’s full name, and the individual’s home address in the United Kingdom or, if he or she has no home address in the United Kingdom, his or her home address elsewhere a company within paragraph 18(1)(d) the company’s registered name, the address of its registered office, and its registered number a trade union within paragraph 18(1)(e) the name of the union as shown in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)), and the address of its head or main office, as shown in that list a building society within paragraph 18(1)(f) the name of the society, and the address of its principal office a limited liability partnership within paragraph 18(1)(g) the partnership’s registered name, and the address of its registered office a friendly or other society within paragraph 18(1)(h) the name of the society, and the address of its registered office an unincorporated association within paragraph 18(1)(i) the name of the association, and the address of its main office in the United Kingdom The persons authorised for the purposes of sub-paragraph (1)(e) to sign an accreditation notice are—
The petition officer must, as soon as reasonably practicable after receiving an accreditation notice under paragraph 17 or a corrected version of an accreditation notice under paragraph 20, make the information contained in it available to the public in any way the officer thinks fit. But the petition officer must not make available to the public the home address of an accredited campaigner who is an individual.
This Schedule has effect for controlling relevant donations to accredited campaigners who— In this Schedule, “accredited campaigner” has the same meaning as in Schedule 3 (see Part 5 of that Schedule) but does not include an accredited campaigner that is a registered party unless it is a minor party. In this Schedule, “relevant donation”, in relation to an accredited campaigner, means a donation to the accredited campaigner for— A donation is to be taken to be for the purpose mentioned in sub-paragraph (3)(a) or (b) if, having regard to all the circumstances, it must reasonably be assumed to be for that purpose. For the meaning of “donation” see paragraphs 2 to 4. In this Schedule—
In this Schedule “donation” does not include— “Provided out of public funds” has the same meaning as in PPERA 2000 (see section 160(4) of that Act).
References in this Schedule to returning a donation (however expressed) include returning an equivalent amount or, where the donation is not of money, returning an amount equivalent to the value of the donation.
For the purposes of this Schedule— Sub-paragraph (1)(b) does not apply to a relevant donation transmitted by the trustee to the accredited campaigner on behalf of beneficiaries under the trust all of whom are—
This paragraph applies where— All reasonable steps must be taken immediately by or on behalf of the accredited campaigner to verify (or, so far as any of the following is not apparent, ascertain)—
A relevant donation received by an accredited campaigner that is not accepted before the end of the period of 30 days beginning with the day on which it is received is treated for the purposes of this Act as accepted by the accredited campaigner at the end of that period. Sub-paragraph (1) does not apply where— Where a relevant donation is received by an accredited campaigner in the form of an amount paid into an account held by the accredited campaigner with a financial institution, it is treated for the purposes of this Act as received at the time the accredited campaigner is notified in the usual way of the payment into the account.
Provision may be made by rules of court— Sub-paragraph (1) is without prejudice to the generality of any other power to make rules of court. Any amount forfeited in compliance with an order under paragraph 17 or 18 must be paid into the Consolidated Fund. Sub-paragraph (3) does not apply— Where the accredited campaigner is an unincorporated body—
In this Schedule, the following expressions have the same meaning as in PPERA 2000: “bequest”; “business”; “combined region”; “Gibraltar party”; “market value”; “property” (see section 160(1) of that Act).
In this Schedule “accredited campaigner” means a person (“P”) who— Sub-paragraph (1)(c) does not apply where—
This paragraph applies if, at any time before the end of the compliance period, any information which in accordance with this Schedule is contained in an accreditation notice ceases to be accurate. The accredited campaigner must, as soon as reasonably practicable after becoming aware of the inaccuracy, deliver a notice (“a notice of alteration”) to the petition officer— References in sub-paragraphs (1) and (2) to an accreditation notice include a corrected version of an accreditation notice. The accredited campaigner commits an offence if the accredited campaigner fails to deliver a notice of alteration in accordance with sub-paragraph (2). A person guilty of an offence under this paragraph is liable on summary conviction— Where a notice of alteration names a new individual who is to exercise the functions conferred by or by virtue of this Act on the responsible person in relation to the accredited campaigner, it must be accompanied by a statement, signed by that individual, confirming that he or she is willing to exercise those functions. Sub-paragraph (6) does not apply where the new individual named in the notice of alteration is the accredited campaigner. In this paragraph “the compliance period” means the period during which any provision of— remains to be complied with on the part of the accredited campaigner. In sub-paragraph (5)(a), the reference to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale in relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.
Section 16
Section 16
Section 20