The Election Publications Act 2001 is an act of the Parliament of the United Kingdom. The act effectively revoked statutory instruments which brought the Political Parties, Elections and Referendums Act 2000 into force, after Labour, the Conservatives and the Liberal Democrats had all made election material which did not comply with the law.
 | |
| Long title | An Act to make provision for postponing the operation of certain enactments relating to election publications; and for connected purposes. |
|---|---|
| Citation | 2001 c.5 |
| Introduced by | Lord Bassam of Brighton,[1] Mike O'Brien[2] |
| Territorial extent | England and Wales, Scotland and Northern Ireland excepting in relation to local government elections in Scotland[3] |
| Dates | |
| Royal assent | 10 April 2001 |
| Commencement | 10 April 2001[4] |
Status: Amended | |
| Text of statute as originally enacted | |
Background edit
Section 110 of the Representation of the People Act 1983 required all election publications to bear the name and the address of the printer and publisher.[4] Candidates and election agents who did not comply would be committing illegal practice under electoral law and be liable of a fine of up to £5000. The Political Parties, Elections and Referendums Act 2000 changed this so that material also had to carry the names and addresses of the promoter (including election agents) and the person on whose behalf the material was published.[5] The Political Parties, Elections and Referendums Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2001 put these changes into effect.[6]
In March 2001, the Guardian reported that millions of leaflets printed by the Conservatives and the Liberal Democrats would have to be pulped after they were printed without being changed to accommodate the new law.[7] The Election Publications Act 2001 reversed the introduction of the new rules, so meaning parties were still able to use material complying with previous election rules.[8]
Provisions edit
The provisions of the act are:
- The reversal of the commencement of parts of the Political Parties, Elections and Referendums Act 2000 which changed electoral publication law.[9]
- That during the period between the commencement and the passing of this Act, it would be deemed that the prior election rules (under the Representation of the People Act 1983) were still in place.[9]
Timetable edit
- Through the Lords
The bill had its first reading in the Lords on 27 March 2001.[1][4]
- Through the Commons and royal assent
The bill was presented to the House for its first reading on 2 April 2001 and its second reading on 4 April,[10] but with little time for debate or scrutiny.[11] The government was criticised by several MPs, including Ann Widdecombe, for the hasty preparation of the bill and the limited time available to debate it when it was made a guillotine motion. Widdecombe said it was "flawed" and had been "cobbled together in ... a matter of hours". Ian Paisley was also critical when the bill made reference to the non-existent Elections (Northern Ireland) Act 2001.[12] The bill gained royal assent on 10 April 2001 and commenced immediately.[13]
Legacy and amendments edit
The section of the Political Parties, Elections and Referendums Act 2000 later came into force on 7 May 2007.[14] The act was later amended by the Political Parties, Elections and Referendums Act 2000 (Commencement No. 3 and Transitional Provisions) Order 2006 (which re-commenced the change to election law),[15] and the Secretary of State for Constitutional Affairs Order 2003.[9][16]
See also edit
References edit
- ^ a b "Elections Publications Bill [H.L.] – in the House of Lords at 3:16 pm on 27th March 2001". TheyWorkForYou.com. Retrieved 9 July 2020.
- ^ "Election Publications Bill [Lords]". Parliament.uk. Retrieved 9 July 2020.
- ^ "3 - Short title, construction, transitionals and extent". Legislation.gov.uk. Retrieved 8 July 2020.
- ^ a b c "ELECTION PUBLICATIONS BILL [H.L.] ________________ EXPLANATORY NOTES". Parliament.uk. Retrieved 9 July 2020.
- ^ "The Election Publications Bill [HL] HL Bill 41 of 2000-2001" (PDF). Parliament.uk. 29 March 2001. p. 7. Retrieved 8 July 2020.
- ^ "The Political Parties, Elections and Referendums Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2001". Legislation.gov.uk. Retrieved 8 July 2020.
- ^ Watt, Nicholas (19 March 2001). "Election leaflets might be pulped". The Guardian. Retrieved 8 July 2020.
- ^ Office of the Deputy Prime Minister (2004). The Government's Response to the Electoral Commission's Report: Voting for Change, an Electoral Law Programme. The Stationery Office. p. 13. ISBN 9780101642620. Retrieved 9 July 2020.
- ^ a b c "1 - Restoration of previous law relating to election publications". Legislation.gov.uk. Retrieved 8 July 2020.
- ^ "Electoral Law A Joint Consultation Paper" (PDF). Law Commission. 2014. pp. 232–33. Retrieved 9 July 2020.
- ^ "Business Statement – in the House of Commons at 4:32 pm on 2nd April 2001". TheyWorkForYou.com. Retrieved 9 July 2020.
- ^ "Bound Volume Hansard - Debate". Parliament.uk. Retrieved 9 July 2020.
- ^ "Introductory Text Election Publications Act 2001". Legislation.gov.uk. Retrieved 9 July 2020.
- ^ White, Isobel (1 March 2010). "Election publications: printer and publisher details" (PDF). Parliament.uk. Retrieved 8 July 2020.
- ^ "Response to the UK Government policy consultation: Protecting the Debate". The Electoral Commission. 15 October 2018. Retrieved 9 July 2020.
- ^ "2 - Introduction of new law relating to election publications". Legislation.gov.uk. Retrieved 8 July 2020.
