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

back to previous amendments
 
  
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.
  
BY THE LORD MACKAY OF ARDBRECKNISH
[Amendments 63A to 63J are amendments to amendment 63]
 
63A     Line 5, leave out ("registers") and insert ("register") 
63B     Line 10, leave out ("registers") and insert ("register") 
63C     Line 10, leave out ("are") and insert ("is") 
63D     Line 11, leave out from ("elections") to end of line 16 and insert ("as defined in section 20(3).") 
63E     Leave out lines 17 and 18 
63F     Line 19, leave out ("so registered") and insert ("registered in the register") 
63G     Line 20, leave out paragraph (a) 
63H     Line 23, leave out subsection (4) 
63J     Line 29, leave out paragraphs (a) to (c) and insert ("parties registered as minor parties shall only be authorised to nominate candidates for elections as defined under section 20(3).") 
  
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 McNALLY
THE LORD RENNARD
 
64A     Page 13, line 30, at end insert ("; and
      (  )  for ensuring the compliance with the provisions of Parts V and VII (campaign expenditure and referendums)")
 
  
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
THE LORD McNALLY
THE LORD RENNARD
 
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
 
74A     Page 15, line 20, leave out ("of a description prescribed by") and insert ("specified, or of a description specified, in an") 
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)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
76A     Page 15, line 42, leave out ("the person registered as treasurer of the party") and insert ("any other officer of the accounting unit") 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
77     Page 16, line 2, leave out subsection (1) and insert--
 
    ("(1) A party may apply to be registered under this Part by sending to the Commission an application which--
    (a)  complies with the requirements of Part I of Schedule 3, and
    (b)  is accompanied by a declaration falling within subsection (1A).
    (1A)  The declarations falling within this subsection are--
    (a)  a declaration that the party--
 
 
    (i)  intends to contest one or more relevant elections in Great Britain and one or more such elections in Northern Ireland, and

    (ii)  is accordingly applying to be registered (as two such separate parties as are mentioned in section (The new registers)(4)) in both the Great Britain register and the Northern Ireland register;

 
 
    (b)  a declaration that the party--
 
 
    (i)  intends to contest one or more relevant elections (which will not be confined to one or more parish or community elections) in Great Britain only, and

    (ii)  is accordingly applying to be registered in the Great Britain register only;

(c)  a declaration that the party--

 
 
          (i)  intends to contest one or more relevant elections in Northern Ireland only, and
          (ii)  is accordingly applying to be registered in the Northern Ireland register only;
    (d)  a declaration that the party--
          (i)  intends only to contest one or more parish or community elections, and
 
 
      (ii)  is accordingly applying to be registered in the Great Britain register only.
(1B)  A declaration falling within paragraph (a), (b) or (d) of subsection (1A) must specify the part or parts of Great Britain in respect of which the party is applying to be registered in the Great Britain register.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
[Amendments 77A to 77G are amendments to amendment 77]
 
77A     Line 8, leave out from ("elections") to (", and") in line 10 and insert ("as defined under section 20(3)") 
77B     Line 11, leave out from ("registered") to end of line 14 and insert ("in the register maintained by the Commission under section (The new registers);") 
77C     Line 16, leave out from ("elections") to end of line 18 and insert ("as defined under section 20(3), which will not be confined to one or more parish or community elections, and") 
77D     Line 19, leave out ("Great Britain register only") and insert ("register maintained by the Commission under section (The new registers)") 
77E     Line 21, leave out paragraph (c) 
77F     Line 29, leave out ("Great Britain register only") and insert ("register maintained by the Commission under section (The new registers)") 
77G     Line 31, leave out subsection (1B) 
  
BY THE LORD BASSAM OF BRIGHTON
 
78     Page 16, line 9, leave out ("The Commission shall grant such an application by a party") and insert ("Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application") 
79     Page 16, line 11, after ("would") insert ("either--
          (i)  be the same as that of a party which is already registered in the register in which that party is applying to be registered, or
          (ii)")  
 
80     Page 16, line 12, at end insert ("in respect of the relevant part of the United Kingdom") 
  
BY THE LORD NORTON OF LOUTH
 
80A     Page 16, line 13, leave out paragraph (b) 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
81     Page 16, line 21, at end insert (", save that the registration of a party by the Electoral Commission shall not unreasonably be withheld, and if it is withheld, an explanation in writing shall be given to the party applying for registration") 
  
BY THE LORD BASSAM OF BRIGHTON
 
82     Page 16, line 21, at end insert--
 
    ("(2A)  In subsection (2)(a) "already registered in respect of the relevant part of the United Kingdom" means--
    (a)  in connection with registration of the applicant party in the Great Britain register, already registered in respect of any part of Great Britain in respect of which that party is applying to be registered;
    (b)  in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.")
 
83     Page 16, line 23, at end insert--
 
    ("(  )  If--
    (a)  at any time two or more applications for registration are pending each of which would (in the absence of the other or others) fall to be granted by the Commission, but
    (b)  the registered names proposed by the applicant parties are such that, if one of those names was already registered in pursuance of the application in question, the Commission would be required to refuse the other application or applications by virtue of subsection (2)(a),
the Commission shall determine by reference to the history of each of the applicant parties which of them has, in the Commission's opinion, the greater or greatest claim to the name proposed by it, and shall then grant the application by that party and refuse the other application or applications.")
 
84     Page 16, line 28, at end insert--
 
    ("(5)  In this Part "the register" means--
    (a)  in relation to a party registered in the Great Britain register, the Great Britain register, and
    (b)  in relation to a party registered in the Northern Ireland register, the Northern Ireland register.")
 
  
Clause 26
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
85     Page 16, line 30, leave out ("three") and insert ("six") 
  
BY THE LORD BASSAM OF BRIGHTON
 
85A     Page 16, leave out lines 35 and 36 and insert--
    ("(a)  would either--
          (i)  be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or
          (ii)  be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,")
 
85B     Page 16, line 41, at end insert--
 
    ("(2A)  In subsection (2)(a) "already registered in respect of the relevant part of the United Kingdom" has the meaning given by section 25(2A).")
 
 
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