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) “the Act” means the Political Parties and Elections Act 2009 ;

(b) “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 ( 2 );

(c) “controlled transaction” has the meaning given by paragraph 2 of Schedule 7A( 3 ) to the 2000 Act;

(d) “members association” 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 —

(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 —

(a) section 12 (defence to charge of failing to return donation from impermissible donor);

(b) section 13 (“reasonable excuse” 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 “responsible person” 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.