Конституції заруб країн / Конституційні акти Великої Британії / Акт про політичні партії, вибори та референдуми 2000 р

Political Parties, Elections and Referendums Act 2000¹

(extraction)

An Act to establish an Electoral Commission; to make provision about the registration and finances of political parties; to make provision about donations and expenditure for political purposes; to make provision about election and referendum campaigns and the conduct of referendums; to make provision about election petitions and other legal proceedings in connection with elections; to reduce the qualifying periods set out in sections 1 and 3 of the Representation of the People Act 1985; to make pre-consolidation amendments relating to European Parliamentary Elections; and for connected purposes.

Part II

Registration of political parties

Requirement for registration

22 Parties to be registered in order to field candidates at elections.

(1)Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—

(a)a person who stands for election in the name of a qualifying registered party; or(b)a person who does not purport to represent any party; or (c)a qualifying registered party, where the election is one for which registered parties may be nominated.

(2) For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—

(a) the constituency, local government area or electoral region in which the election is held—

(i)is in England, Scotland or Wales, or (ii) is the electoral region of Scotland or Wales, and the party was, [F1 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election], registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or

(b) the constituency, district electoral area or electoral region in which the election is held—(i)

is in Northern Ireland, or (ii) is the electoral region of Northern Ireland, and the party was, [F2on the relevant day], registered in the Northern Ireland register maintained by the Commission under that section.

[F3(2A)

For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 shall be disregarded.]

(3)

For the purposes of subsection (1) a person does not purport to represent any party if either—

(a) the description of the candidate given in his nomination paper, is—

(i) “Independent”, or (ii) where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or

(b)no description of the candidate is given in his nomination paper.

(4) Subsection (1) does not apply in relation to any parish or community election.

(5) The following elections are relevant elections for the purposes of this Part—

(a) parliamentary elections,

(b) elections to the European Parliament,

(c) elections to the Scottish Parliament,

(d) elections to the National Assembly for Wales,

(e) elections to the Northern Ireland Assembly,

(f) local government elections, and

(g)local elections in Northern Ireland.

(6)For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

Part VII

Referendums

Chapter I

Preliminary Referendums to which this Part applies

101 Referendums to which this Part applies.

(1) Subject to the following provisions of this section, this Part applies to any referendum held throughout—

(a) the United Kingdom;

(b)one or more of England, Scotland, Wales and Northern Ireland; or

(c)any region in England specified in Schedule 1 to the M1Regional Development Agencies Act 1998.

(2)In this Part—

(a) “referendum” means a referendum or other poll held, in pursuance of any provision made by or under an Act of Parliament, on one or more questions specified in or in accordance with any such provision;

(b)“question” includes proposition (and “answer” accordingly includes response).

(3)A poll held under [F1section 64 of the Government of Wales Act 2006] is not, however, to be taken to be a referendum falling within subsection (2).

(4)If the Secretary of State by order so provides—

(a)subsection (2) shall apply to any specified Bill which has been introduced into Parliament before the making of the order as if it were an Act; and

(b)any specified provisions of this Part shall apply, subject to any specified modifications, in relation to any specified referendum for which provision is made by the Bill.

(5)In subsection (4) “specified” means specified in the order under that subsection.

102 Referendum period.

(1)For the purposes of this Part the referendum period for any referendum to which this Part applies shall be determined in accordance with this section.

(2)In the case of a referendum held in accordance with Schedule 1 to the M2Northern Ireland Act 1998, the referendum period—

(a)begins with the date when the draft of an order under that Schedule is laid before Parliament for approval by each House in accordance with section 96(2) of that Act; and

(b)ends with the date of the poll.

(3)In the case of a referendum held in pursuance of any provision made by or under any other Act, the referendum period shall (subject to subsections (4) and (5)) be such period as is provided for by or under that Act.

(4)In the case of a referendum to which an order under section 101(4) applies, the referendum period shall be such period (not exceeding six months) as may be specified in the order.

(5)If (apart from this subsection) the referendum period in a case within subsection (4) would end after the date of the poll, it shall instead end on that date.

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