House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
Amendments to the Political Parties, Elections and Referendums Bill

Political Parties, Elections and Referendums Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Political Parties, Elections and Referendums Bill to be moved in Committee in the House of Lords.

  
Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 98, leave out lines 20 and 21 and insert--
 
    ("(3)  An Electoral Commissioner shall cease to hold office on the occurrence of any of the following events--
    (a)  he consents to being nominated as a candidate at a relevant election (within the meaning of Part II) or to being included in a registered party's list of candidates at such an election;
    (b)  he takes up any office or employment in or with--
          (i)  a registered party or any accounting unit of such a party,
          (ii)  a recognised third party (within the meaning of Part VI), or
          (iii)  a permitted participant (within the meaning of Part VII);
    (c)  he is named as a donor in the register of donations reported under Chapter III or IV of Part IV or in any statement of donations included in a return delivered to the Commission under section 93 or 117;
    (d)  he becomes a member of a registered party.")
 
     Page 98, line 39, at end insert--
 
    ("(  )  An Electoral Commissioner may be relieved of his office by Her Majesty at his own request.
 
    (  )  In this paragraph "registered party" includes, in relation to times before the appointed day for the purposes of Part II of this Act, a party registered under the Registration of Political Parties Act 1998.")
 
     Page 99, line 34, leave out ("sub-paragraph (2)") and insert ("sub-paragraphs (1A) and (2)") 
     Page 99, line 36, leave out from beginning to ("are") in line 38 and insert--
 
    ("(1A)  A Deputy Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).
 
    (2)  A Deputy Electoral Commissioner may be removed from office by the Commission, but only if they")
 
     Page 100, line 13, at end insert--
 
    ("(  )  A person may not be appointed as an Assistant Electoral Commissioner if he is a person who (by virtue of section 3(3A)) may not be appointed as an Electoral Commissioner.")
 
     Page 100, line 17, at beginning insert ("(subject to sub-paragraph (2A))") 
     Page 100, line 17, at end insert--
 
    ("(2A)  An Assistant Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).")
 
     Page 101, line 5, at end insert--
 
    ("(  )  A person may not be appointed as chief executive or other member of the staff of the Commission if he is a person who (by virtue of section 3(3A)(b) to (d)) may not be appointed as an Electoral Commissioner.")
 
     Page 101, line 6, at beginning insert ("Subject to sub-paragraph (2A),") 
     Page 101, line 8, at end insert--
 
    ("(2A)  The appointment of any member of the staff of the Commission shall terminate on the occurrence of such an event as is mentioned in any of paragraphs (a) to (c) of paragraph 3(3).")
 
     Page 101, leave out line 17 and insert ("end of the list of "Royal Commissions and other Commissions"--") 
     Page 102, line 29, after ("is") insert--
    ("(a)  reimbursed by the Scottish Ministers in pursuance of section 12(9), (Local Government Boundary Commission for Scotland)(8) or 135(6); or
    (b)")  
 
  
Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 2, line 46, at end insert--
 
    ("(3A)  A person may not be appointed as an Electoral Commissioner if the person--
    (a)  is a member of a registered party;
    (b)  is an officer of a registered party or of any accounting unit of such a party;
    (c)  holds a relevant elective office (within the meaning of Schedule 6); or
    (d)  has at any time within the last ten years--
          (i)  been such an officer as is mentioned in paragraph (b), or
          (ii)  held such an office as is mentioned in paragraph (c), or
          (iii)  been named as a donor in the register of donations reported under Chapter III or IV of Part IV.")
 
     Page 3, line 9, leave out subsection (6) and insert--
 
    ("(6)  In this section "registered party"--
    (a)  includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the Registration of Political Parties Act 1998; and
    (b)  in subsection (3)(b) also includes (in relation to times before 1st April 1999) any political party.")
 
  
Clause 5
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 3, line 35, at end insert--
    ("(  )  the age at which people may be eligible to stand for election;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 4, line 11, at end insert ("or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties") 
  
Clause 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 7, line 9, at end insert--
 
    ("(8)  The Scottish Ministers may by order provide that subsection (7) shall have effect as if the words "other than a local government election in Scotland" were omitted.
 
    (9)  Section 146(5) shall apply to an order made by the Scottish Ministers under subsection (8) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (10)  The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.")
 
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 7, line 27, leave out ("political") 
     Page 7, line 35, leave out ("political") 
  
Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, line 9, at end insert--
 
    ("(7)  The Scottish Ministers may provide that, despite subsection (3), the Commission may perform the functions conferred by this section in relation to local government elections or to local government in Scotland.
 
    (8)  Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable by virtue of an order made by the Scottish Ministers under subsection (7); but such expenditure shall not exceed such sum as is for the time being specified for the purposes of this subsection in an order made by the Scottish Ministers.
 
    (9)  The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of functions mentioned in subsection (8).
 
    (10)  Section 146(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (11)  The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.")
 
  
Clause 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, line 36, at end insert--
 
    ("(  )  A person shall not be appointed as a Deputy Electoral Commissioner if he is a person who (by virtue of section 3(3A)) may not be appointed as an Electoral Commissioner.")
 
  
After Clause 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1) The Scottish Ministers may by order make provision for the transfer to the Commission of any one or more of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as "the Scottish Commission").
 
    (2)  The Commission shall make arrangements for functions transferred to them by an order under subsection (1) to be exercised by the Boundary Committee for Scotland.
 
    (3)  Where each of the functions of the Scottish Commission is transferred by an order under subsection (1), the Scottish Ministers may by order make provision for the abolition of the Scottish Commission.
 
    (4)  An order under subsection (1) or (3) may include provision for the transfer to the Commission--
    (a)  of the staff of the Scottish Commission, and
    (b)  of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;
and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property or liabilities otherwise than by the order.
 
    (5)  An order under subsection (3) may include provision for the abolition of any duty in compliance with which the Scottish Commission was established or constituted.
 
    (6)  Section 146(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (7)  Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
 
    (8)  The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of the functions transferred by an order made under subsection (1).")
Local Government Boundary Commission for Scotland.
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 12, line 6, leave out ("party registered under this Part") and insert ("qualifying registered party") 
     Page 12, line 9, after ("a") insert ("qualifying") 
     Page 12, line 10, at end insert--
 
    ("(1A)  For the purposes of subsection (1) a party (other than a minor party) is a "qualifying registered party" in relation to a relevant election if--
    (a)  the constituency, local government area or electoral region in which the election is held--
          (i)  is in England, Scotland or Wales, or
          (ii)  is the electoral region of Scotland or Wales,
 
 and the party was, on the last day for publication of notice of the election, registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section (The new registers), or 
 
    (b)  the constituency, district electoral area or electoral region in which the election is held--
          (i)  is in Northern Ireland, or
          (ii)  is the electoral region of Northern Ireland,
 
 and the party was, on that day, registered in the Northern Ireland register maintained by the Commission under that section.  
     (1B)  For the purposes of subsection (1) a minor party is a "qualifying registered party" in relation to a relevant election if--
    (a)  the election is a parish or community election; and
    (b)  the party was, on the last day for publication of notice of the election, registered in the Great Britain register in respect of the part of Great Britain in which the election is held.")
 
     Page 12, line 14, at end insert--
          ("(ii)  where the candidate is the Speaker of the House of Commons seeking re-election, "The Speaker seeking re-election"; or")
 
  
After Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
 ("The registers of political parties 
     .--(1) In place of the register of political parties maintained by the registrar of companies under the Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which--
    (a)  shall be maintained by the Commission, and
    (b)  (subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.
    (2)  The new registers of political parties are--
    (a)  a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as "the Great Britain register"); and
    (b)  a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as "the Northern Ireland register").
    (3)  Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate--
    (a)  the part or parts of Great Britain in respect of which it is registered; and
    (b)  if the party is a minor party, that it is such a party.
    (4)  A party may be registered under this Part in both of the new registers, but where a party is so registered--
    (a)  the party as registered in the Great Britain register, and
    (b)  the party as registered in the Northern Ireland register,
shall constitute two separate registered parties.
 
    (5)  In such a case--
    (a)  the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;
    (b)  the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and
    (c)  any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party's organisation and activities in Great Britain and Northern Ireland respectively.
The new registers.
1998 c. 48.
     (6)  The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.")1998 c. 48.
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 5 May 2000