Overview

The Political Parties and Elections Act 2009 amended the Political Parties, Elections and Referendums Act 2000 and the Representation of the People Act 1983, primarily focusing on strengthening regulations around political donations, enhancing the Electoral Commission's powers, and improving electoral registration processes.

Description

The Act significantly altered regulations concerning political donations and spending. It introduced stricter rules for donations exceeding £7,500, requiring declarations about their source to verify that they did not originate from impermissible donors or non-residents, or were not routed through intermediaries to circumvent donation limits. The Act expanded the Electoral Commission’s investigative powers and introduced civil sanctions (fixed monetary penalties and discretionary requirements) alongside criminal ones for breaches. New thresholds for reporting donations and loans were established. The act also introduced compliance officers for elected officials, responsible persons for members associations, and placed limits on pre-candidacy election expenses.

Electoral Commission Changes:

The Act expanded the Electoral Commission's role in monitoring compliance, providing guidance, and investigating potential offenses. The structure and selection of the Commission was also modified, increasing the number of Commissioners and requiring four of them to be nominated by political parties.

Electoral Registration:

The act introduced provisions for a coordinated online record of electors (CORE), making the provision of identifying information (signature, date of birth, national insurance number) voluntary initially, with the possibility of making it mandatory after review. The act also enabled data sharing schemes between registration officers and other relevant bodies to improve accuracy.

Government Spending

The Act did not explicitly state any overall change to government spending, but it likely resulted in increased costs associated with the expanded powers of the Electoral Commission, the new CORE system, and the enforcement of the new regulations, although any definitive figures are not available within this text.

Groups Affected

• Political Parties: Subject to stricter rules on donations and spending, potentially impacting fundraising and campaigning.
• Candidates: Subject to new rules on pre-candidacy expenses and compliance.
• Donors: Must meet stricter requirements for larger donations, including residence and source declaration requirements.
• Electoral Commission: Given greater powers of investigation and enforcement, incurring increased responsibilities and costs.
• Elected Officials: Required to appoint compliance officers to manage donations.
• Members Associations: Required to appoint responsible persons to oversee donations.
• Registration Officers: Responsible for implementing the new electoral registration procedures, including obtaining identifying information.

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