Commentary on provisions of Act Schedule: Minor and consequential amendments
The Schedule contains minor and consequential amendments to primary and secondary legislation. These are primarily to reverse amendments made by the 2011 Act, to remove references to the 2011 Act and to ensure that after the repeal of the 2011 Act the relevant legislation still works (for example to amend provisions passed after the 2011 Act which were drafted on the basis of a fixed election cycle). The key amendments are:
Rule 1 of Schedule 1 to the Representation of the People Act 1983 (which sets out the election timetable) is amended to provide that the trigger for the election process in the case of a parliamentary general election is the dissolution of Parliament (whether by exercise of the prerogative or by virtue of section 4) (paragraph 8(2)(a) of the Schedule). Provision is also made, in order to give additional certainty in relation to election process, so that the election writ is deemed to have been received the day after the dissolution of Parliament (or in the case of a by-election, the day after the date of the warrant for the writ) (paragraph 8(2)(b) and (c)(ii)). Equivalent changes are made to other provisions of the 1983 Act that depend on the date of the receipt of the writ (sections 28 and 95) (paragraphs 5 and 7 of the Schedule).
Section 20 of the Representation of the People Act 1985 is amended. Previously that section provided that, in the event of the demise of the Crown during an election period (or up to 7 days beforehand), the polling day and the date set for the first meeting of Parliament were automatically postponed by 14 days. The amendments to the Representation of the People Act 1985 mean that the polling day may, by Royal Proclamation on the advice of the Privy Council, be moved by up to 7 days either side of this default 14 day postponement. The date of the first meeting of the new Parliament may also be moved by Royal Proclamation on the advice of the Privy Council (paragraph 9 of the Schedule).
Section 95A of the Political Parties, Elections and Referendums Act 2000 is amended to implement a maximum 365 day reporting period for third party donations where third party donations are reported quarterly, beginning four years from the first sitting of the current Parliament (paragraph 15 of the Schedule). This period will end on dissolution, whether by exercise of the prerogative or automatic expiry at the end of a five year term, as third-parties will begin weekly donations reporting from that point.
The Recall of MPs Act 2015 is amended to ensure that there continues to be provision to prevent or terminate recall petitions close to a general election to avoid redundant by-elections. The amendments mean there is no requirement to trigger a recall petition if the last possible polling day for a general election (based on Parliament running its full term) is less than six months away (paragraph 25 of the Schedule) and a recall petition is to be terminated when Parliament is dissolved (paragraph 26 of the Schedule). These amendments do not change the conditions which can trigger a recall petition, do not change how a recall petition is to be conducted and do not impact what happens in the event that a recall petition meets the signing threshold and successfully leads to a by-election.