Part 5Disqualification of offenders for holding elective office etc

I1I234Campaigners

1

A person falls within this section if the person is an individual—

a

who is a permitted participant in relation to a referendum to which Part 7 of PPERA applies,

b

who is a recognised third party,

c

who is involved in the conduct or management of a local referendum campaign,

d

who is an accredited campaigner in relation to a recall petition, or

e

who—

i

undertakes activities for election purposes, for referendum purposes or for recall petition purposes, and

ii

is employed or engaged by a person falling within subsection (5) wholly or partly for the purpose of undertaking such activities.

2

Activities are undertaken “for election purposes” if they are undertaken—

a

for the purposes of or in connection with—

i

promoting or procuring electoral success for a registered party at a relevant election, or

ii

promoting or procuring the election of a candidate at a relevant election,

b

for the purposes of or in connection with enhancing the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election, or

c

with a view to prejudicing—

i

the electoral prospects of a registered party or a candidate at a relevant election, or

ii

the standing with the electorate, in connection with future relevant elections (whether imminent or otherwise), of a registered party or a candidate at a relevant election.

3

Activities are undertaken “for referendum purposes” if they are undertaken—

a

for the purposes of or in connection with promoting or procuring a particular outcome in relation to the question asked in a relevant referendum, or

b

with a view to prejudicing the prospects of another particular outcome in relation to the question asked in a relevant referendum.

4

Activities are undertaken “for recall petition purposes” if they are undertaken for the purposes of or in connection with promoting or procuring the success or failure of a recall petition.

5

The following persons fall within this subsection—

a

a registered party;

b

a person who falls within section 32(1)(a) (candidates etc);

c

a permitted participant in relation to a referendum to which Part 7 of PPERA applies;

d

a recognised third party;

e

a person involved in the conduct or management of a local referendum campaign;

f

an accredited campaigner in relation to a recall petition.

6

In this section—

  • accredited campaigner” has the same meaning as in the Recall of MPs Act 2015 (see Part 5 of Schedule 3 to that Act);

  • local referendum” means a referendum under or by virtue of—

    1. a

      Chapter 4 of Part 1A of the Local Government Act 2000 (local authority governance: England);

    2. b

      Part 2 of the Local Government Act 2000 (local authority governance: Wales);

    3. c

      section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax);

    4. d

      Schedule 4B or 4C to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans);

  • local referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a local referendum;

  • permitted participant” has the same meaning as in PPERA (see section 105 of that Act);

  • recall petition” has the same meaning as in the Recall of MPs Act 2015 (see section 1 of that Act);

  • recognised third party” has the meaning given in section 85(5) of PPERA;

  • registered party” has the same meaning as in PPERA (see section 160 of that Act);

  • relevant election” means an election for a relevant elective office or a relevant Scottish elective office;

  • relevant referendum” means—

    1. a

      a referendum to which Part 7 of PPERA applies, or

    2. b

      a local referendum.

7

In this section a reference to a individual who is “engaged” by a person falling within subsection (5) includes a reference to an individual who is engaged otherwise than for payment or promise of payment.