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Political Parties and Elections Act 2009

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This is the original version (as it was originally enacted).

35Schemes for provision of data to registration officers

This section has no associated Explanatory Notes

(1)The Secretary of State may by order made by statutory instrument make provision (referred to below as a “scheme”) authorising or requiring specified persons to provide to a specified registration officer, for the purpose mentioned in subsection (2), information contained in records kept by those persons.

(2)The purpose is assisting the registration officer to meet the registration objectives and, in particular, assisting the officer—

(a)to ascertain to what extent those objectives are being met, and

(b)to determine what steps should be taken for meeting them.

(3)A scheme may authorise or require information to be provided at specified times or in specified circumstances.

(4)A scheme may not authorise or require information to be provided by a person other than—

(a)a local or public authority, or

(b)a person providing services to, or authorised to exercise any function of, a local or public authority.

(5)An order under this section may include more than one scheme.

(6)An order under this section has effect despite any statutory or other restriction on the disclosure of information (but may not permit disclosure in breach of subsection (7)).

(7)Information provided to a registration officer under an order under this section may not be disclosed to a person other than one to whom the officer may delegate his or her functions, except—

(a)for the purpose mentioned in subsection (2), or

(b)for the purposes of any criminal or civil proceedings.

(8)A person who discloses information in breach of subsection (7) is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(b)on summary conviction in England and Wales and Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(9)An order under this section may contain incidental, supplemental, transitional or saving provision.

(10)An order under this section must not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(11)In this section “specified” means specified in an order under this section.

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