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

back to previous amendments
 
214     Page 136, line 12, leave out ("£27,000") and insert ("£9,000") 
  
BY THE LORD BASSAM OF BRIGHTON
 
214A     Page 138, line 28, after ("period") insert ("for the purposes of this paragraph") 
214B     Page 138, line 36, leave out ("(except in the context of a period mentioned in sub-paragraph (2))") 
214C     Page 139, line 16, after ("period") insert ("for the purposes of this sub-paragraph") 
214D     Page 142, leave out lines 4 to 10 
  
Clause 90
 
  
BY THE LORD BASSAM OF BRIGHTON
 
215     Page 58, line 25, leave out ("other than registered parties") and insert ("which either are not registered parties or are minor parties") 
  
Schedule 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
216     Page 142, line 16, leave out ("other than registered parties") and insert ("which either are not registered parties or are minor parties") 
217     Page 142, line 19, at end insert ("other than a minor party") 
217A     Page 142, line 21, leave out from ("donation") to end of line 22 and insert ("to the recognised third party for the purpose of meeting controlled expenditure incurred by or on behalf of that third party") 
217B     Page 142, line 23, after ("2") insert (", 2A") 
218     Page 142, line 23, at end insert--
        ("(  )  References to a permissible donor falling within section 49(2) do not include a registered party.")
 
218A     Page 142, line 27, at end insert--
      ("(aa)  any sponsorship provided in relation to the recognised third party (as defined by paragraph 2A);")
 
218B     Page 142, line 28, leave out ("a recognised third party or a person authorised to act on its behalf)") and insert ("or on behalf of the recognised third party)") 
218C     Page 142, line 30, after ("by") insert ("or on behalf of") 
218D     Page 142, leave out line 36 
218E     Page 142, line 40, leave out sub-paragraph (2) and insert--
        ("(2)  Where--
      (a)  any money or other property is transferred to a recognised third party pursuant to any transaction or arrangement involving the provision by or on behalf of the recognised third party of any property, services or facilities or other consideration of monetary value, and
      (b)  the total value in monetary terms of the consideration so provided by or on behalf of the recognised third party is less than the value of the money or (as the case may be) the market value of the property transferred,
    the transfer of the money or property shall (subject to sub-paragraph (2B)) constitute a gift to the recognised third party for the purposes of sub-paragraph (1)(a).
        (2A)  In determining--
      (a)  for the purposes of sub-paragraph (2)(c), whether any money lent to a recognised third party is so lent otherwise than on commercial terms, or
      (b)  for the purposes of sub-paragraph (2)(d), whether any property, services or facilities provided for the use or benefit of a recognised third party is or are so provided otherwise than on such terms,
    regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities.
        (2B)  Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(aa) and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A) shall apply in relation to it to the exclusion of the other provision of this paragraph.")
 
218F     Page 142, line 44, after ("member") insert (", trustee") 
218G     Page 142, line 45, leave out second ("and") and insert ("or") 
218H     Page 143, line 8, at end insert-- 
 ("Sponsorship 
 
        2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a recognised third party if--
      (a)  any money or other property is transferred to the recognised third party or to any person for the benefit of the recognised third party, and
      (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
            (i)  to help the recognised third party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the recognised third party, or
            (ii)  to secure that to any extent any such expenses are not so incurred.
        (2)  In sub-paragraph (1) "defined expenses" means expenses in connection with--
      (a)  any conference, meeting or other event organised by or on behalf of the recognised third party,
      (b)  the preparation, production or dissemination of any publication by or on behalf of the recognised third party, or
      (c)  any study or research organised by or on behalf of the recognised third party.
        (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--
      (a)  the making of any payment in respect of--
            (i)  any charge for admission to any conference, meeting or other event, or
            (ii)  the purchase price of, or any other charge for access to, any publication;
      (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
        (4)  The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
        (5)  In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
 
218J     Page 143, line 19, after ("2(1)(a)") insert ("(other than money)") 
218K     Page 143, line 24, at beginning insert ("the total value in monetary terms of") 
218L     Page 143, line 24, at end insert--
        ("(2A)  The value of any donation falling within paragraph 2(1)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 2A(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
218M     Page 143, leave out lines 27 to 30 and insert--
      ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities if--
            (i)  the loan had been made, or
            (ii)  the property, services or facilities had been provided,
 
 
    on commercial terms, and
 
 
      (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the recognised third party.")
 
218N     Page 143, line 31, leave out sub-paragraph (4) 
218P     Page 143, line 34, leave out ("or (4)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
219     Page 144, line 19, leave out ("not less") and insert ("more") 
220     Page 144, line 34, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
220A     Page 145, line 13, leave out ("relevant donation") and insert ("recognised third party") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
221     Page 145, line 32, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
221A     Page 145, line 34, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Clause 91
 
  
BY THE LORD BASSAM OF BRIGHTON
 
221B     Page 59, line 4, leave out ("except where the third party is a registered party,") and insert ("in a case where the third party either is not a registered party or is a minor party,") 
221C     Page 59, line 24, leave out ("during the regulated period") 
  
Clause 94
 
  
BY THE LORD BASSAM OF BRIGHTON
 
221D     Page 60, line 45, leave out from ("him") to end of line 3 on page 61 
221E     Page 61, line 4, leave out ("the case of a recognised third party other than a registered party,") and insert ("a case where the third party either is not a registered party or is a minor party,") 
  
Clause 96
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 96 stand part of the Bill. 
  
Clause 97
 
  
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
 
222     Page 62, line 38, at end insert (", or
            (ii)  a referendum held on the provisions contained in a Bill in pursuance of a certificate issued by the Speaker of the House of Commons under section (Bills of first class constitutional importance: Speaker's certificate)")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
223     Page 62, line 38, at end insert (", or
            (ii)  a referendum held in pursuance of section (Referendum following petition)")
 
224     Page 63, line 1, leave out subsections (4) and (5) 
  
After Clause 97
 
  
BY THE LORD NORTON OF LOUTH
 
225     Insert the following new Clause-- 
 
        ("  .  The sponsor of a Bill for an Act to provide for a referendum under section 97 shall certify that he has consulted the Commission as to the wording of the question or questions to be put in the referendum and such certification shall accompany the Bill.")
Certification of consultation with Commission.
  
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
 
226     Insert the following new Clause-- 
 
        ("  .--(1)  For the purposes of section 97(2)(a)(ii), if, in the opinion of the Speaker of the House of Commons, a Bill introduced into the House of Commons is of first class constitutional importance on which there are significant divisions of public opinion or parliamentary opinion (or both), she may issue a certificate to that effect.
        (2)  A Bill about which the Speaker of the House of Commons has issued a certificate under subsection (1) may not be presented for the Royal Assent until a referendum is held approving the provisions contained in that Bill.")
Bills of first class constitutional importance: Speaker's certificate.
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
227     Insert the following new Clause-- 
 
        ("  .--(1)  A referendum shall be held upon the receipt of a petition signed by at least 5 per cent. of the relevant electorate, subject to that petition meeting the requirements set out in regulations as made by the Secretary of State.
        (2)  The Secretary of State may by regulations make provision for or in connection with a referendum called for following the receipt of a valid petition under subsection (1).
        (3)  The provision which may be made by regulations under subsection (2) includes provision--
      (a)  as to the form and content of petitions (including provision for petitions in electronic form),
      (b)  as to the minimum number of relevant electors, who must support any petition presented to the Secretary of State, for the relevant electoral area,
      (c)  for or in connection with requiring the Secretary of State to publish the number of relevant electors for the relevant area who must support any petition presented to the Secretary of State,
      (d)  as to the way in which the Secretary of State is to support a petition (including provision enabling electors to support petitions by telephone or by electronic means),
      (e)  as to the action which may, may not or must be taken by the Secretary of State in connection with any petition,
      (f)  as to the manner in which a petition is to be presented to the Secretary of State,
      (g)  as to the verification of any petition,
      (h)  as to the date on which, or the time by which, a referendum must be held,
      (i)  as to the action which may, may not or must be taken by the Secretary of State before or in connection with a referendum called in connection with subsection (1),
      (j)  as to the action which may, may not or must be taken by the Secretary of State after a referendum.
        (4)  The number of relevant electors mentioned in subsection (3)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of relevant electors at each of those times.
        (5)  Nothing in subsection (3) or (4) affects the generality of the power under subsection (1).")
Referendum following petition.
228     Insert the following new Clause-- 
 
        ("  .--(1)  A referendum to which this Part applies may not be held unless an Act of Parliament has been passed giving effect to the policy proposed to be brought into force by the referendum.
        (2)  A Bill in relation to a particular referendum to which this Part applies shall not be published until an Act of Parliament has been passed in accordance with subsection (1).")
Post-legislative referendum.
  
After Clause 99
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
229     Insert the following new Clause-- 
 ("Commission approval 
 
        .--(1)  The Commission's approval shall be required before any bill containing provisions as to the conduct of any referendum to which this Part applies is introduced in either House of Parliament.
        (2)  In granting such approval, the Commission shall pay particular attention to those provisions regarding the question or questions, as defined by section 97(2)(b) of this Act, to be determined by the referendum.")
Approval of Commission for bill for a referendum.
230     Insert the following new Clause-- 
 
        ("  .  Any referendum to which section 97(1) applies shall be considered valid only if more than 60 per cent. of eligible voters cast a valid ballot.")
Validity of
referendum:
threshold of
votes cast.
  
Clause 100
 
  
BY THE LORD BASSAM OF BRIGHTON
 
230A     Page 63, line 43, at end insert ("resident in the United Kingdom or registered in an electoral register (as defined by section 49(8))") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
231     Page 63, line 43, at end insert ("who is registered in an electoral register in the United Kingdom or is eligible to be registered in such an electoral register") 
  
BY THE LORD BASSAM OF BRIGHTON
 
231A     Page 64, leave out lines 1 to 3 and insert ("or
            ("(ii)  any body falling within any of paragraphs (b) and (d) to (f) of section 49(2).")
 
232     [Withdrawn] 
232A     Page 64, line 6, at end insert (", or
            (ii)  in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 101(2)(b)")
 
232B     Page 64, leave out lines 8 to 10 and insert--
      ("(c)  otherwise, the person or officer for the time being notified to the Commission by the permitted participant in accordance with section 101(4)(b)(ii).")
 
  
Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
232C     Page 64, line 17, at end insert ("; and
      (b)  if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II")
 
232D     Page 64, line 18, leave out (", company or unincorporated association") and insert ("or body") 
232E     Page 64, line 27, at end insert ("or (if he has no such address in the United Kingdom) his home address elsewhere") 
232F     Page 64, leave out lines 29 to 45 and insert--
      ("(b)  if given by a body falling within any of paragraphs (b) and (d) to (f) of section 49(2), state--
            (i)  all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (8) of paragraph 2 of Schedule 5 to be given in respect of such a body as the donor of a recordable donation, and
            (ii)  the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
 
 
    and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.")
 
232G     Page 65, line 12, at end insert ("; and
      (b)  any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).")
 
232H     Page 65, line 13, leave out subsection (7) and insert--
        ("(  )  In this section and sections 103 and 104 "outcome", in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.")
 
  
Clause 103
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
233     Page 66, line 2, leave out from ("applies,") to ("specify") in line 3 and insert ("the Commission shall") 
  
BY THE LORD BASSAM OF BRIGHTON
 
233A     Page 66, line 12, leave out subsection (5) 
  
Clause 104
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
234     Page 66, line 32, leave out subsection (5) and insert--
        ("(5)  In making any designation of a permitted participant under section 103(2) or (4) the Commission shall have regard to--
      (a)  the separate levels of support for each of the permitted participants which have given notice under section 101(1) or (3) that they propose to campaign for the same outcome,
      (b)  evidence submitted to it by any permitted participants relating to their principal reasons for campaigning for that outcome.
        (5A)  Where the Commission is satisfied that more than one permitted participant has demonstrated--
      (a)  substantial support,
      (b)  a distinct principal reason for campaigning for the same outcome, and
      (c)  that it would be unreasonable to refuse designation under section 103(1),
    they may designate two or more permitted participants for assistance under section 105, and they shall apportion such assistance between the designated permitted participants as they think fit.")
 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234A     Page 146, line 19, leave out ("Post Office regulations") and insert ("such reasonable terms and conditions as the universal service provider concerned may specify") 
234B     Page 146, line 20, leave out ("charge for postage") and insert ("any charge for postage which would otherwise be made by a universal service provider") 
234C     Page 146, line 23, leave out ("regulations") and insert ("terms and conditions") 
234D     Page 146, line 27, leave out ("those regulations") and insert ("any such terms and conditions") 
234E     Page 146, line 28, after first ("of") insert ("any such") 
234F     Page 146, line 31, leave out ("72 of the Post Office Act 1969 (remuneration of Post Office for") and insert ("200A of the Representation of the People Act 1983 (remuneration of universal service provider for free postal") 
234G     Page 146, line 33, leave out ("the Post Office") and insert ("a universal service provider") 
234H     Page 146, line 34, leave out ("the Post Office in pursuance of the Representation of the People Act 1983") and insert ("such a provider in pursuance of that Act") 
234J     Page 146, line 37, at end insert-- 
 
      (""universal service provider" has the same meaning as in the Postal Services Act 2000.")
2000 c. 26.
234K     Page 146, line 37, at end insert-- 
 
        ("(  )  If this paragraph comes into force at a time when the amendments made to section 91 of the Representation of the People Act 1983 by the Postal Services Act 2000 have not come into force, then until such time as those amendments come into force, this paragraph shall have effect subject to such modifications as may be specified in the order under section 151 of this Act which brings this paragraph into force.")
2000 c. 26.
234L     Page 148, line 13, at end insert ("for the purposes of this sub-paragraph") 
  
Clause 106
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234M     Page 67, line 25, leave out ("either") 
234N     Page 67, line 27, leave out from ("purposes") to end of line 30 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 106 stand part of the Bill. 
  
Schedule 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234P     Page 149, line 16, leave out ("120(1)") and insert ("120") 
234Q     Page 149, line 24, leave out sub-paragraphs (7) to (10) 
234R     Page 149, line 35, leave out sub-paragraph (11) and insert--
        ("(11)  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.
        Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the campaign is being conducted.")
 
234S     Page 149, line 42, leave out ("attract national publicity") and insert ("obtain publicity in connection with a referendum campaign") 
234T     Page 149, line 45, leave out ("prominent") 
234U     Page 149, line 45, after ("events") insert (", the hire of premises for the purposes of such events") 
234V     Page 149, line 47, leave out sub-paragraphs (13) and (14) 
234W     Page 150, line 8, leave out ("permanent staff") and insert ("staff (whether permanent or otherwise)") 
234X     Page 150, line 9, leave out ("reasonable") 
234Y     Page 150, line 11, at end insert ("to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him") 
234YA     Page 150, line 12, leave out from beginning to end of line 12 on page 151 
234YB     Page 151, leave out lines 18 to 23 and insert ("as to the kinds of expenses which do, or do not, fall within Part I of this Schedule") 
234YC     Page 152, line 11, leave out ("or II") 
  
Clause 107
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YD     Page 67, line 41, leave out subsections (1) and (2) and insert--
        ("(1)  This section applies where, in the case of any individual or body--
      (a)  either--
            (i)  property is transferred to the individual or body free of charge or at a discount of more than 10 per cent. of its market value, or
            (ii)  property, services or facilities is or are provided for the use or benefit of the individual or body free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the services or facilities, and
      (b)  the property, services or facilities is or are made use of by or on behalf of the individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.
        (1A)  Where this section applies, an amount of referendum expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the individual or body during the period for which the property, services or facilities is or are made use of as mentioned in subsection (1)(b).
        This subsection has effect subject to subsection (6).
        (1B)  Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either--
      (a)  the market value of the property (where the property is transferred free of charge), or
      (b)  the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the property (where the property is transferred at a discount),
    as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
        (1C)  Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either--
      (a)  the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or
      (b)  the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),
    as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).")
 
234YE     Page 68, line 26, leave out ("and") and insert ("or") 
234YF     Page 68, line 33, leave out subsection (4) and insert--
        ("(4)  Where an amount of referendum expenses is treated, by virtue of subsection (1A), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the period which is, in relation to the referendum to which the expenses relate, the referendum period then--
      (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the individual or body during the referendum period, and
      (b)  if a return falls to be prepared under section 115 in respect of referendum expenses incurred by or on behalf of the individual or body during that period, the responsible person shall make a declaration of that amount,
    unless that amount is less than £200.
        (4A)  The amount mentioned in subsection (4) is such proportion of the appropriate amount (determined in accordance with subsection (1B) or (1C)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the referendum period.")
 
234YG     Page 69, line 2, at end insert--
        ("(  )  Paragraph 2(3) and (4)(a) of Schedule 14 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to an individual or body.")
 
  
Clause 108
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YH     Page 69, line 10, at end insert--
        ("(  )  Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 112 to 118 or Schedule 13 as referendum expenses incurred by or on behalf of the permitted participant.")
 
  
Clause 110
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YJ     Page 69, line 31, after ("participant") insert ("during a referendum period") 
234YK     Page 69, leave out lines 35 and 36 and insert ("not later than 21 days after the end of the referendum period") 
234YL     Page 69, line 37, leave out from ("paid") to end of line 38 and insert ("not later than 42 days after the end of the referendum period") 
234YM     Page 70, line 11, at end insert--
        ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that subsection.")
 
234YN     Page 70, line 17, at end insert ("; and
      (  )  any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant.")
 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YP     Page 70, line 20, after ("participant") insert ("as mentioned in section 110(1)") 
234YQ     Page 70, line 24, leave out ("section 110(1)") and insert ("that provision") 
234YR     Page 70, line 33, leave out subsection (3) 
234YS     Page 70, line 37, leave out ("Subsections (4) to (7) of section 72") and insert ("For the purposes of this section--
      (a)  subsections (4) and (5) of section 110")
 
234YT     Page 70, line 40, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
234YU     Page 70, line 40, leave out (" 72(1)") and insert (" 110(1); and
      (b)  subsections (6) and (7) of section 72 shall apply as if any reference to subsection (4) of that section were a reference to section 110(4) as applied by paragraph (a) above.")
 
  
Clause 112
 
  
BY THE LORD LAMONT OF LERWICK
 
234YV     Page 70, line 42, at beginning insert ("Subject to subsection (1A),") 
234YW     Page 70, line 45, at end insert--
        ("(1A)  In a referendum to which this Part applies, no expense may be incurred by or on behalf of any institution of the European Union during the referendum period.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
235     Page 71, line 16, leave out subsection (4) 
  
BY THE LORD BASSAM OF BRIGHTON
 
235A     Page 71, line 17, at end insert--
        ("(5)  Where--
      (a)  at any time before the beginning of any referendum period, any expenses within section 106(2)(a) are incurred by or on behalf of an individual or body in respect of any property, services or facilities, but
      (b)  the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 106(2)(a) have constituted referendum expenses incurred by or on behalf of the individual or body during that period,
    the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section as referendum expenses incurred by or on behalf of the individual or body during that period.
        (6)  For the purposes of subsection (5) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill. 
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
235B     Page 71, line 27, leave out first ("treasurer") and insert ("responsible person") 
235C     Page 71, line 28, leave out ("any") and insert ("the") 
235D     Page 71, line 37, leave out ("company") and insert ("body") 
235E     Page 71, line 39, leave out ("any") and insert ("the") 
235F     Page 71, line 40, leave out ("company") and insert ("body") 
235G     Page 71, line 42, leave out ("company") and insert ("body") 
235H     Page 71, line 43, leave out from beginning to end of line 3 on page 72 
235J     Page 72, line 11, at end insert--
        ("(  )  Section 112(5) and (6) shall apply, for the purposes of this section, sections 115 to 118 and Schedule 13, in relation to an individual or body that has become a permitted participant as they apply for the purposes of section 112 in relation to an individual or body that is not a permitted participant.
        (  )  For the purposes of this section and sections 115 to 118 and Schedule 13, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 113 stand part of the Bill. 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
235K     Page 152, line 18, leave out paragraph 1 
  
BY THE LORD LAMONT OF LERWICK
 
235L     Page 152, line 24, leave out sub-paragraphs (2) to (5) and insert--
        ("(2)  The limit on the aggregate expenditure incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in any referendum to which Part VII applies shall be £12 million.
        (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
235M     Page 152, line 24, leave out sub-paragraphs (2) to (5) and insert--
        ("(2)  The Electoral Commission shall, in advance of any referendum to which Part VII applies, set a limit on the aggregate expenditure to be incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in that referendum.
        (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
236     Page 152, line 26, leave out ("£5 million") and insert ("£3 million") 
237     Page 152, leave out lines 29 to 36 and insert--
      ("(i)  £3 million, if the party's relevant percentage exceeds 5 per cent.,")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
237A     Page 152, line 39, leave out ("for an individual, company or unincorporated association") and insert ("in the case of a person or body") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
238     Page 152, line 40, at end insert--
 
    ("(  )  The combined expenditure of all persons, bodies and registered parties, including any third parties, campaigning for a particular outcome must not exceed £5 million.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD LAMONT OF LERWICK
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 13 be the thirteenth Schedule to the Bill. 
  
Clause 114
 
  
BY THE LORD BASSAM OF BRIGHTON
 
238A     Page 72, line 14, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
238B     Page 153, line 33, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
238C     Page 153, line 36, at end insert ("other than a minor party") 
238D     Page 153, line 38, leave out from ("donation") to end of line 39 and insert ("to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.") 
238E     Page 153, line 40, after ("2") insert (", 2A") 
239     Page 153, line 40, at end insert--
 
    ("(  )  In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor falling within section 49(2) do not include a registered party.
 
    In this sub-paragraph "designated organisation" has the meaning given by section 105(5).")
 
239A     Page 153, line 44, at end insert--
    ("(aa)  any sponsorship provided in relation to the permitted participant (as defined by paragraph 2A);")
 
239B     Page 154, line 1, leave out from ("by") to ("expenses") in line 2 and insert ("or on behalf of the permitted participant) in paying any referendum") 
239C     Page 154, line 3, leave out ("directly or indirectly by") and insert ("by or on behalf of") 
239D     Page 154, leave out line 9 
239E     Page 154, line 13, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and
    (b)  the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to sub-paragraph (2B)) constitute a gift to the permitted participant for the purposes of sub-paragraph (1)(a).
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c), whether any money lent to a permitted participant is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d), whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities.
 
    (2B)  Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(aa) and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A) shall apply in relation to it to the exclusion of the other provision of this paragraph.")
 
239F     Page 154, line 17, after ("member") insert (", trustee") 
239G     Page 154, line 26, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a permitted participant if--
    (a)  any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and
    (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
          (i)  to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the permitted participant,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or
    (c)  any study or research organised by or on behalf of the permitted participant.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--
    (a)  the making of any payment in respect of--
          (i)  any charge for admission to any conference, meeting or other event, or
          (ii)  the purchase price of, or any other charge for access to, any publication;
    (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
 
    (5)  In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
 
239H     Page 154, line 42, after ("2(1)(a)") insert ("(other than money)") 
239J     Page 154, line 47, at beginning insert ("the total value in monetary terms of") 
239K     Page 154, line 47, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 2A(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
239L     Page 154, line 50, leave out from beginning to end of line 3 on page 155 and insert--
    ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities if--
          (i)  the loan had been made, or
          (ii)  the property, services or facilities had been provided,
 
 
    on commercial terms, and
 
 
    (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant")
 
239M     Page 155, line 4, leave out sub-paragraph (4) 
239N     Page 155, line 7, leave out ("or (4)") 
  
BY THE LORD LAMONT OF LERWICK
 
239P     Page 155, line 22, at end insert (", or
    (c)  the donation would be made by or on behalf of any institution of the European Union")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
240     Page 155, line 43, leave out ("not less") and insert ("more") 
241     Page 156, line 7, leave out ("not less") and insert ("more") 
 
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