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Statutory Instruments

2001 No. 116 (C.6)

REPRESENTATION OF THE PEOPLE

The Representation of the People Act 2000 (Commencement) Order 2001

Made

22nd January 2001

The Secretary of State, in exercise of the powers conferred on him by section 17(3) of the Representation of the People Act 2000(1) hereby makes the following Order:

1.—(1) This Order may be cited as the Representation of the People Act 2000 (Commencement) Order 2001.

(2) In this Order—

“the 1983 Act” means the Representation of the People Act 1983(2); and

“the 2000 Act” means the Representation of the People Act 2000.

2.—(1) Subject to paragraphs (2) to (4), all of the provisions of the 2000 Act apart from those listed in section 17(3) (which provisions came into force on Royal Assent) shall come into force on 16th February 2001.

(2) Any provision of the 2000 Act apart from section 9, so far as it confers power to make regulations, shall come into force on 29th January 2001.

(3) The coming into force of section 9 of the 2000 Act (which substitutes new enabling powers for those in paragraphs 10 and 11 of Schedule 2 to the 1983 Act) shall not affect the operation of any regulation made in pursuance of a power which would otherwise cease to have effect on the substitution of a new power by section 9 until any such regulation is revoked.

(4) The coming into force of any provision of the 2000 Act by virtue of paragraph (1) above shall not have effect for the purposes of any election where the last day for the publication of the notice of election for that election is before 16th February 2001.

(5) Notwithstanding the coming into force of paragraph 6 of Schedule 1 to the 2000 Act (which substitutes new sections for section 13 of the 1983 Act), section 13(6) of the 1983 Act, as substituted by that paragraph, shall not have effect until such time as regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to the 1983 Act (which paragraphs are substituted by section 9 of the 2000 Act) come into force.

Mike O'Brien

Parliamentary Under-Secretary of State

Home Office

22nd January 2001

Explanatory Note

(This note is not part of the Order)

This Order brings into force those provisions of the Representation of the People Act 2000 which did not come into force (under section 17(3)) on Royal Assent.

The provisions are brought into force on 16th February 2001 (article 2(1)). In so far as they confer a power to make regulations, the provisions (apart from section 9) are brought into force on 29th January 2001 (article 2(2)). Paragraphs (3) to (5) of article 2 make various savings, including savings in respect of regulations made under existing powers and in respect of any election where the last day for publication of the notice of election is before 16th February 2001.

(1)

2000 c. 2; the powers in section 17(3) are extended by section 17(4).