Political Parties, Elections and Referendums Act 2000
Encyclopedia
The Political Parties, Elections and Referendums Act 2000 (c. 41) is an Act
of the Parliament
of the United Kingdom
that sets out how political parties
, elections and referendum
s are to be regulated in the United Kingdom. It formed an important part of the constitutional reform programme implemented by the 1997 Labour
Government, building on the Registration of Political Parties Act 1998
(c. 48) passed two years earlier.
(known at the time as the "Neill Committee" after its chairman), an independent body set-up by former Prime Minister John Major
to consider ways of making politics more transparent. The committee set out its proposals in its report, The Funding of Political Parties in the United Kingdom.
The Act created an independent Electoral Commission
to regulate political parties and their funding arrangements. It also required parties to submit statements of their accounts on a regular basis, and prohibited the receipt of funds from foreign or anonymous donors. Restrictions on campaign expenditure were also put in place, dictating the maximum amount that parties were able to spend.
The requirement for parties to officially register was the result of a fairly wide acceptance that the finances of all political groups should be properly regulated to reduce the perception of underhand dealings.
In addition, political groups or individuals failing to register with the Commission would only be able to describe themselves as "Independent" on ballot papers, or have a blank entry against their name -- with the single exception of the Speaker of the House of Commons who is entitled to be described as: "The Speaker seeking re-election".
This built on the provisions of the Registration of Political Parties Act 1998
, passed amid concern about voters being fooled by misleading ballot descriptions.
There is an annual fee for the registration of a party.
The provision of non-financial support to a party – such as subsidies or free materials – is counted as a donation. Each party is required to submit details of all donations received, whether by party headquarters or their subsidiary parts. Each report must provide sufficient information to prove that a donor counts as a "permissible source".
Parties on the separate register for Northern Ireland are exempt from the controls on accepting and reporting donations.
Tony Blair
and politicians of other parties questioned by police as part of their investigation into the Cash for Honours affair. Part of their time was said to be spent looking at whether the Act had been breached by parties taking loans from supporters in return for nominations to the House of Lords
. Unlike donations, loans made on a commercial basis did not have to be made public as long as they were made on "commercial terms".
The Government has since changed the law to require the declaration of all forms of loans, and a former Clerk of the Crown in Chancery
, Sir Hayden Phillips, has been asked to undertake a fundamental review of party funding arrangements.
In November 2007 the provisions of the Act were again the subject of scrutiny in the cases of Labour party donor David Abrahams and Scottish Labour leader Wendy Alexander
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
that sets out how political parties
Political Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
, elections and referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s are to be regulated in the United Kingdom. It formed an important part of the constitutional reform programme implemented by the 1997 Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Government, building on the Registration of Political Parties Act 1998
Registration of Political Parties Act 1998
The Registration of Political Parties Act 1998 , or An Act to make provision about the registration of political parties was an act of the Parliament of the United Kingdom to set up a register of political parties in the United Kingdom. Previously there had been no such register, and political...
(c. 48) passed two years earlier.
Background
The Act was introduced after consultation with major political parties, and largely followed the recommendations of the Committee on Standards in Public LifeCommittee on Standards in Public Life
The Committee on Standards in Public Life is an advisory non-departmental public body of the United Kingdom Government.The Committee on Standards in Public Life is constituted as a standing body with its members appointed for up to three years.-History:...
(known at the time as the "Neill Committee" after its chairman), an independent body set-up by former Prime Minister John Major
John Major
Sir John Major, is a British Conservative politician, who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 1990–1997...
to consider ways of making politics more transparent. The committee set out its proposals in its report, The Funding of Political Parties in the United Kingdom.
The Act created an independent Electoral Commission
Electoral Commission (United Kingdom)
The Electoral Commission is an independent body set up by the UK Parliament. It regulates party and election finance and sets standards for well-run elections...
to regulate political parties and their funding arrangements. It also required parties to submit statements of their accounts on a regular basis, and prohibited the receipt of funds from foreign or anonymous donors. Restrictions on campaign expenditure were also put in place, dictating the maximum amount that parties were able to spend.
Registration of Parties
The law gave the newly-formed Electoral Commission a role in policing the registration of political parties.The requirement for parties to officially register was the result of a fairly wide acceptance that the finances of all political groups should be properly regulated to reduce the perception of underhand dealings.
In addition, political groups or individuals failing to register with the Commission would only be able to describe themselves as "Independent" on ballot papers, or have a blank entry against their name -- with the single exception of the Speaker of the House of Commons who is entitled to be described as: "The Speaker seeking re-election".
This built on the provisions of the Registration of Political Parties Act 1998
Registration of Political Parties Act 1998
The Registration of Political Parties Act 1998 , or An Act to make provision about the registration of political parties was an act of the Parliament of the United Kingdom to set up a register of political parties in the United Kingdom. Previously there had been no such register, and political...
, passed amid concern about voters being fooled by misleading ballot descriptions.
There is an annual fee for the registration of a party.
Donations
Under the terms of the law, parties are only allowed to accept donations in excess of £500 from "permissible donors", defined as either individuals on the electoral register, or political parties, companies, trade unions or similar organisations that are registered in the UK.The provision of non-financial support to a party – such as subsidies or free materials – is counted as a donation. Each party is required to submit details of all donations received, whether by party headquarters or their subsidiary parts. Each report must provide sufficient information to prove that a donor counts as a "permissible source".
Parties on the separate register for Northern Ireland are exempt from the controls on accepting and reporting donations.
Expenditure
The Act places strict limits on the amount each party may spend in the run-up to the election (how that time period is defined depends on the type of election). The current limit for elections to the UK Parliament in Westminster stands at £30,000 per constituency contested within 365 days of a General Election, up to a maximum of £18.84 million.Controversy
December 2006 saw Prime MinisterPrime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
and politicians of other parties questioned by police as part of their investigation into the Cash for Honours affair. Part of their time was said to be spent looking at whether the Act had been breached by parties taking loans from supporters in return for nominations to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. Unlike donations, loans made on a commercial basis did not have to be made public as long as they were made on "commercial terms".
The Government has since changed the law to require the declaration of all forms of loans, and a former Clerk of the Crown in Chancery
Clerk of the Crown in Chancery
In the Government of the United Kingdom, the Clerk of the Crown in Chancery is a senior civil servant who is the head of the Crown Office. The Crown Office, a section of the Ministry of Justice, has custody of the Great Seal of the Realm, and has certain administrative functions in connection with...
, Sir Hayden Phillips, has been asked to undertake a fundamental review of party funding arrangements.
In November 2007 the provisions of the Act were again the subject of scrutiny in the cases of Labour party donor David Abrahams and Scottish Labour leader Wendy Alexander
Wendy Alexander
Wendy Alexander is a Scottish politician and the former Member of the Scottish Parliament for Paisley North. She held various Scottish Government cabinet posts and was the leader of the Labour Party group in the Scottish Parliament from 2007-2008...
.
See also
- List of political parties in the United Kingdom
- Elections in the United KingdomElections in the United KingdomThere are five types of elections in the United Kingdom: United Kingdom general elections, elections to devolved parliaments and assemblies, elections to the European Parliament, local elections and mayoral elections. Elections are held on Election Day, which is conventionally a Thursday...
- Referendums in the United KingdomReferendums in the United KingdomReferendums are only occasionally held by the government of the United Kingdom. Eleven referendums have been held so far , the first in 1973; only two of these covered the whole UK...
- Campaign financeCampaign financeCampaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
- Campaign finance reform in the United States
External links
- The Political Parties, Elections and Referendums Act 2000, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - Explanatory notes to the Political Parties, Elections and Referendums Act 2000 from the Office of Public Sector Information.
- Website of the Committee on Standards in Public Life