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

back to previous amendments
 
  
Clause 12
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
42     Page 8, line 30, leave out ("and any pending such systems,") 
  
BY THE LORD NORTON OF LOUTH
 
43     Page 8, line 30, leave out ("pending such systems") and insert ("system approved by Act of Parliament for use in a forthcoming election") 
44     Page 8, line 33, leave out paragraph (b) 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
45     Page 8, line 34, leave out ("and any pending such systems") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD NORTON OF LOUTH
 
46     Page 8, line 35, leave out paragraph (c) 
  
BY THE BARONESS FOOKES
 
47*     Page 8, line 35, leave out ("the institutions") and insert ("current electoral systems") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD NORTON OF LOUTH
 
48     Page 8, line 36, leave out subsection (2) 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
49     Page 9, line 1, leave out paragraph (b) 
  
BY THE LORD BASSAM OF BRIGHTON
 
50     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 13
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
51     Page 9, line 20, at end insert--
 
    ("(  )  Only the following persons may serve as chairman of a Boundary Committee--
    (a)  in the case of each of the Boundary Committee for England and the Boundary Committee for Wales, an Electoral Commissioner described by section 3(7)(a), (d), (e), (f), (g) or (h);
    (b)  in the case of the Boundary Committee for Scotland, an Electoral Commissioner described by section 3(7)(b) or (e);
    (c)  in the case of the Boundary Committee for Northern Ireland, an Electoral Commissioner described by section 3(7)(c), (e), (f), (g) or (h).")
 
  
Clause 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
52     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.")
 
  
Clause 17
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
53     Page 10, line 37, leave out ("may") and insert ("shall") 
  
After Clause 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
54     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 18
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
55     Page 11, line 13, leave out ("may") and insert ("shall") 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
56     Page 12, line 6, leave out ("party registered under this Part") and insert ("qualifying registered party") 
57     Page 12, line 9, after ("a") insert ("qualifying") 
58     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.")
 
59     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")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
60     Page 12, line 15, at end insert (", or
    (c)  the description of the candidate given in his nomination paper includes the word "Independent" and no more than five other words which do not contravene the restrictions laid down in section 25(2)(a), (c), (d), (e) and (f)")
 
  
BY THE LORD GOODHART
 
61*     Page 12, line 23, after ("elections") insert ("other than elections to a local authority in England or Wales which is not a principal authority within the meaning of the Local Government Act 1972") 
62*     Page 12, line 28, at end insert--
 
    ("(5)  The Secretary of State may, on the recommendation of the Commission, make regulations to prevent a candidate in an election to a local authority in England or Wales which is not a principal authority within the meaning of the Local Government Act 1972 adopting without the authority of a registered party a description on his nomination paper which is likely to lead voters to associate the candidate with that party.")
 
  
After Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
63     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.
  
Clause 21
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
64     Page 13, line 1, leave out ("may") and insert ("shall") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill. 
  
Clause 22
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
65     Page 13, line 32, leave out ("for the financial affairs of the party and") 
  
BY THE LORD NORTON OF LOUTH
 
66     Page 13, line 32, leave out from ("party") to end of line 35 
  
BY THE LORD BASSAM OF BRIGHTON
 
67     Page 13, leave out lines 38 and 39 and insert ("his appointment as treasurer terminates for any other reason") 
68     Page 13, line 41, leave out ("accordance with section 27") and insert ("pursuance of an application under section (Notification of changes in party's officers etc.)(3)(a)") 
69     Page 14, line 12, at end insert--
 
    ("(8)  Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (7)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.")
 
70     Page 14, line 12, at end insert--
 
    ("(  )  In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section (The new registers)(4)--
    (a)  a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and
    (b)  references to a person's responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.")
 
  
Clause 23
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
71     Page 15, line 10, at end insert--
 
    ("(  )  The Commission shall, in relation to any scheme under this section, give guidance in the form of a "model scheme" for the use of political parties and the Commission shall be entitled to--
    (a)  modify any such "model scheme" from time to time as it thinks fit; or
    (b)  request additional information from each party registering, or registered, in respect of its financial structure.")
 
72     Page 15, line 15, at end insert (", with the exception of any organisation that--
          (i)  has paid an affiliation fee to a registered party, or
          (ii)  has a direct input into policy formation within a registered party, or
          (iii)  has a direct input into the selection of candidates for political office within a registered party")
 
73     Page 15, line 19, at end insert (", with the exception of any organisation that--
          (i)  has paid an affiliation fee to a registered party, or
          (ii)  has a direct input into policy formation within a registered party, or
          (iii)  has a direct input into the selection of candidates for political office within a registered party")
 
74     Page 15, line 20, leave out paragraph (c) 
  
BY THE LORD BASSAM OF BRIGHTON
 
75     Page 15, line 24, at end insert--
 
    ("(  )  In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section (The new registers)(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection--
    (a)  any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and
    (b)  any reference in this Part to the party's constitution shall be read as a reference to the party's constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;
and the party's scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.")
 
  
Clause 24
 
  
BY THE LORD BASSAM OF BRIGHTON
 
76     Page 15, line 39, leave out ("and (7)") and insert (", (7) and (8)") 
 
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