Commencement Information
I1Sch. 1 Pt. 1 not in force at Royal Assent, see 100(1)
I2Sch. 1 Pt. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)
| An offence under any of these provisions of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) | Maximum term of imprisonment |
|---|---|
| Paragraph 1 (bribery) | 4 years |
| Paragraph 2 (treating) | 4 years |
| Paragraph 3 (undue influence) | 4 years |
| Paragraph 4 (personation) | 7 years |
| Paragraph 4A (postal and proxy votes) | 7 years |
| Paragraph 5A (false statements in nomination papers etc) | 4 years |
| Paragraph 26(2) (tampering with nomination papers etc) | 7 years |
| An offence under any of these provisions of the Representation of the People Act 1983 | Maximum term of imprisonment |
|---|---|
| Section 60 (personation) | 7 years |
| Section 62A (postal and proxy votes) | 7 years |
| Section 62B (postal and proxy votes: Scottish local government elections) | 7 years |
| Section 65 (tampering with nomination papers etc) | 7 years |
| Section 65A (false statements in nomination papers etc) | 4 years |
| Section 65B (false information in nomination papers etc: Scottish local government elections) | 4 years |
| Section 112A (handling of postal voting documents by political campaigners) | 7 years |
| Section 113 (bribery) | 4 years |
| Section 114 (treating) | 4 years |
| Section 114A (undue influence) | 4 years |
| Section 115 (undue influence in a local government election in Scotland or Wales) | 4 years |
| An offence under any of these provisions of the Political Parties, Elections and Referendums Act 2000 | Maximum term of imprisonment |
|---|---|
| Section 54(7) (information about donors) | 4 years |
| Section 54A(5) (false declaration about source of donation) | 4 years |
| Section 54B(3) (false declaration as to residence condition) | 4 years |
| Section 56(3), (3B) or (4) (failure to return donations) | 4 years |
| Section 61 (evading restrictions on donations) | 4 years |
| Section 65(4) (failure to comply with requirements about recording donations) | 4 years |
| Section 66(5) (false declaration in donation report) | 4 years |
| Section 89A (4) or (5) (incurring controlled expenditure in contravention of restriction) | 2 years |
| Section 148 (general offences) | 4 years |
In Schedule 7 (donations to individuals and members associations)—
| 4 years |
In Schedule 7A (loans to individuals and members associations)—
| 4 years |
In Schedule 11 (donations to recognised third parties)—
| 4 years |
In Schedule 15 (donations to permitted participants)—
| 4 years |
1(1)The Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) is amended as follows.
(2)In section 105 (restrictions on summary prosecution) after subsection (8) insert—
“(9)A corrupt practice or electoral offence in relation to which section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies is triable only on indictment.”
(3)In section 106 (prosecution of offences disclosed on election petition) after subsection (1) insert—
“(1A)The duty in subsection (1) to obey a direction given by an election court does not apply to a direction with respect to the prosecution of a corrupt practice or electoral offence in relation to which the Director has reasonable grounds to believe section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies.”
(4)In section 108 (penalties for corrupt practices) after subsection (4) insert—
“(5)This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.”
(5)In section 111 (penalties for electoral offences) after subsection (2A) insert—
“(2B)Subsections (1) to (2A) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral offence.”
(6)In section 112(1H) (incapacities resulting from convictions) after “109” insert “or under section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference)”.
(7)In section 118 (time limit for prosecutions) after subsection (3) insert—
“(4)This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral misdemeanour.”
Commencement Information
I3Sch. 1 para. 1 not in force at Royal Assent, see 100(1)
I4Sch. 1 para. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)
2(1)The Representation of the People Act 1983 is amended as follows.
(2)In section 65 (offence of tampering with nomination papers etc) after subsection (4) insert—
“(5)Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”
(3)In section 168 (penalties for corrupt practices) after subsection (1) insert—
“(1A)Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.”
(4)In section 176 (time limit for prosecutions) after subsection (1) insert—
“(1A)Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”
Commencement Information
I5Sch. 1 para. 2 not in force at Royal Assent, see 100(1)
I6Sch. 1 para. 2 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)
3(1)The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(2)In section 147 (civil sanctions)—
(a)the existing text becomes subsection (1);
(b)after that subsection insert—
“(2)Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”
(3)In section 150 (punishment of offences) at the end insert—
“(6)Schedule 20 does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”
Commencement Information
I7Sch. 1 para. 3 not in force at Royal Assent, see 100(1)
I8Sch. 1 para. 3 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)