13AFunction of investigating matters referred by Electoral Commission

13A Function of investigating matters referred by Electoral Commission

13A Function of investigating matters referred by Electoral Commission

(1) The Commission has the function of investigating conduct that may involve possible criminal offences under the Electoral Act 2017, the Electoral Funding Act 2018 or the Lobbying of Government Officials Act 2011 that the Electoral Commission refers to the Commission for investigation under this section.

(2) The Electoral Commission may refer any such conduct to the Commission for investigation—

(a) if there are reasonable grounds to suspect that the conduct may involve a possible criminal offence to which this section applies (as set out in subsection (9)), or

(b) if the conduct is related to possible corrupt conduct that the Commission is already investigating,

whether or not the time within which proceedings for the possible criminal offence may be instituted has expired.

(3) After a preliminary investigation, the Commission is to discontinue the investigation if—

(a) the conduct does not involve any possible criminal offence to which this section applies and is not related to possible corrupt conduct that the Commission is already investigating, and the Commission is not otherwise authorised to investigate the conduct, or

(b) the Commission determines it should not carry out any further investigation.

(4) Conduct may be referred under this section to the Commission for investigation whether or not it involves corrupt conduct. The fact that the conduct could be so referred does not prevent the Commission from investigating the conduct without a referral if it is otherwise authorised by this Act to do so.

(5) The following matters are to be taken into account in determining whether conduct should be referred under this section for investigation and, if referred, whether the Commission should investigate—

(a) the primary responsibility of the Electoral Commission to investigate and prosecute the possible criminal offences concerned,

(b) the seriousness or systemic nature of the matter being investigated,