The Political Parties and Elections Act 2009 (Commencement No. 5 and Saving Provisions) Order 2010

• Citation: S.I. 2010/2866
• Sections: 6

Section 1 Citation and interpretation

This Order may be cited as the Political Parties and Elections Act 2009 (Commencement No. 5 and Saving Provisions) Order 2010.

Section 2 Citation and interpretation

In this Order—

“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000 ;

“the 2009 Act ” means the Political Parties and Elections Act 2009.

Section 3 Provisions coming into force on 1st December 2010

The following provisions of the 2009 Act come into force on 1st December 2010—

(a) section 1(2) (compliance with controls imposed by the 2000 Act etc );

(b) section 2 (investigatory powers of Commission);

(c) section 3 (civil sanctions);

(d) section 39 (amendments and repeals) so far as it relates to the provisions mentioned in paragraphs (g) and (h);

(e) Schedule 1 (investigatory powers of Commission: schedule to be inserted into the 2000 Act);

(f) Schedule 2 (civil sanctions: schedule to be inserted into the 2000 Act);

(g) paragraphs 22, 23, 25 and 26 of Schedule 6 (minor and consequential amendments);

(h) in Schedule 7 (repeals), the entries relating to section 145 of, and Schedule 20 to, the 2000 Act.

Section 4 Provisions coming into force on 1st January 2011

The following provisions of the 2009 Act come into force on 1st January 2011—

(a) section 8 (education about systems of government and EU institutions);

(b) section 31(8) (the registration objectives);

(c) section 35 (schemes for provision of data to registration officers);

(d) section 36 (schemes under section 35: proposals, consultation and evaluation);

(e) section 37 (meaning of expressions relating to registration);

(f) section 39 so far as it relates to the provisions mentioned in paragraph (g);

(g) in Schedule 7, the entries relating to section 13 of the 2000 Act.

Section 5 Saving provisions

Notwithstanding the commencement of section 2 of the 2009 Act by article 3(b), the following provisions of the 2000 Act continue to have effect from 1st December 2010 to 31st May 2011 as if section 2 of the 2009 Act, and the entry in Schedule 7 to that Act relating to Schedule 20 to the 2000 Act, had not been commenced—

(a) in section 146 (supervisory powers of Commission)—

(i) subsections (2), (5) and (6);

(ii) subsection (3), but only if the person exercising the power conferred by that subsection has been duly authorised by the Electoral Commission before 1st December 2010;

(b) the entries in Schedule 20 (penalties) relating to section 146(5) and (6).

Section 6 Saving provisions

Notwithstanding the commencement of section 3 of the 2009 Act by article 3(c)—

(a) where the time for complying with a requirement mentioned in section 147(1) of the 2000 Act (civil penalties) expires before 1st December 2010, and the requirement has not been complied with by 1st December, section 147 has effect in respect of that failure to comply as if section 3 of the 2009 Act had not been commenced;

(b) where a liability to a penalty under section 147(2) arises before 1st December 2010 otherwise than in the circumstances described at paragraph (a), and such liability has not been discharged by 1st December 2010, section 147(5) and (6) continues to apply to that liability on and after 1st December 2010 as if section 3 of the 2009 Act had not been commenced;

(c) where paragraph (a) applies to a failure to comply with a requirement of the 2000 Act, the provisions of Schedule 19C to that Act do not apply to that failure.