Statutory Instruments
2009 No. 3084 (C. 136)
Representation Of The People
The Political Parties and Elections Act 2009 (Commencement No.2 and Transitional Provisions) Order 2009
Made
24th November 2009
The Secretary of State, in exercise of the powers conferred by section 43(1) and (2) of the Political Parties and Elections Act 2009( 1 ), makes the following Order:
Citation and interpretation
1. This Order may be cited as the Political Parties and Elections Act 2009 (Commencement No.2 and Transitional Provisions) Order 2009.
2. In this Order,
(a) βthe Actβ means the Political Parties and Elections Act 2009;
(b) βthe 2000 Actβ means the Political Parties, Elections and Referendums Act 2000( 2 );
(c) βcontrolled transactionβ has the meaning given by paragraph 2 of Schedule 7A( 3 ) to the 2000 Act;
(d) βmembers associationβ has the meaning given by paragraph 1(6) of Schedule 7 to the 2000 Act.
Appointed Dates
3. The following provisions of the Act come into force on 25th November 2009 β
(a) section 21 (limitation of pre-candidacy election expenses for certain general elections);
(b) section 39 (amendments and repeals) in so far as it relates to the entries in paragraphs (c) and (d);
(c) paragraphs 6 and 7 of Schedule 6 (minor and consequential amendments); and
(d) the entry in Schedule 7 (repeals) relating to section 76A(2)( 4 ) of the Representation of the People Act 1983( 5 ).
4. The following provisions of the Act come into force on 1st January 2010 β
(a) section 12 (defence to charge of failing to return donation from impermissible donor);
(b) section 13 (βreasonable excuseβ in relation to certain offences under the 2000 Act);
(c) section 14 (control of donations to members associations: responsible persons);
(d) section 15 (control of donations to holders of elective office: compliance officers);
(e) section 16 (control of loans etc to members associations: responsible persons);
(f) section 17 (control of loans etc to holders of elective office: compliance officers);
(g) section 18 (person may not be βresponsible personβ for more than one third party);
(h) section 20 (increased thresholds in relation to donations etc);
(i) section 39 in so far as it relates to the entries in paragraphs (j) and (k);
(j) paragraph 24 of Schedule 6; and
(k) the entries in Schedule 7 relating to the following provisions of the 2000 Act:
(i) section 47(2) and (3);
(ii) section 65(5);
(iii) section 71S(6)( 6 );
(iv) section 149(1);
(v) paragraph 12(3) of Schedule 7; and
(vi) paragraphs 1(7)(d) and 12(3) of Schedule 7A.
Transitional provisions
5. The coming into force of section 13 of the Act has no effect in relation to an offence committed before 1st January 2010.
6. A members association shall not be obliged by sections 14 or 16 of the Act to appoint a responsible person by reason of a donation received or controlled transaction entered into, as the case may be, before 1st January 2010.
Jack Straw
Secretary of State
Ministry of Justice
24th November 2009
Schedule 7A to the 2000 Act was inserted by section 61(7) of and paragraphs 97, 99 and 102 of Schedule 1 to the Electoral Administration Act 2006 (c.22) (βthe 2006 Actβ).
New section 76A was substituted for section 76A by section 133(1) of the 2000 Act.
1983 c.2 .
Section 71S was inserted by section 61(1) of the 2006 Act.