Political Parties, Elections and Referendums Act 2000

Part IISupplemental

Guidance by Commission

3(1)The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part I of this Schedule.

(2)Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

(3)The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

(4)Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—

(a)in its original form, or

(b)in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5)If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

(6)If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

(7)If no such resolution is made within the 40-day period—

(a)the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

(b)the code shall come into force on such date as the Secretary of State may by order appoint;

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

(8)Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9)In this paragraph “40-day period”, in relation to a draft code, means—

(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10)In this paragraph references to a draft code include a draft revised code.

Power to amend Part I

4(1)The Secretary of State may by order make such amendments of Part I of this Schedule as he considers appropriate.

(2)The Secretary of State may make such an order either—

(a)where the order gives effect to a recommendation of the Commission; or

(b)after consultation with the Commission.