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

back to previous amendments
 
242     Page 157, line 6, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
242A     Page 157, line 8, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Clause 115
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242B     Page 72, line 21, leave out ("officer") and insert ("person") 
242C     Page 72, line 34, leave out ("except where the permitted participant is a registered party,") and insert ("in a case where the permitted participant either is not a registered party or is a minor party,") 
242D     Page 72, line 43, leave out ("subsection (3) of that section") and insert ("section 107(4)") 
242E     Page 72, line 43, at end insert--
 
    ("(  )  Subsections (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.")
 
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242F     Page 74, line 6, leave out from ("him") to end of line 9 
242G     Page 74, line 10, leave out ("the case of a permitted participant other than a registered party,") and insert ("a case where the permitted participant either is not a registered party or is a minor party,") 
  
Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242H     Page 75, line 3, leave out from ("to") to ("which") in line 4 and insert ("any material") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
242J     Page 75, line 7, leave out paragraph (b) 
  
BY THE LORD BASSAM OF BRIGHTON
 
242K     Page 75, line 13, leave out (", displayed or distributed") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
242L     Page 75, line 13, leave out ("relevant") and insert ("referendum") 
  
BY THE LORD LAMONT OF LERWICK
 
242M     Page 75, line 18, at end insert (", or
    (c)  any institution of the European Union")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242N     Page 75, line 25, leave out ("display or distribution") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
243     Page 75, line 27, leave out paragraph (d) 
  
BY THE LORD BASSAM OF BRIGHTON
 
243A     Page 75, line 31, leave out from ("means") to end of line 34 and insert ("make available to the public at large, or any section of the public, in whatever form and by whatever means (and "publication" shall be construed accordingly);") 
  
After Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
243B     Insert the following new Clause-- 
     ("  .--(1)  No material wholly or mainly relating to a referendum to which this Part applies shall be published during the referendum period unless--
    (a)  in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
    (b)  in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
    (2)  For the purposes of subsections (3) to (5) the following details are "the relevant details" in the case of any material falling within subsection (1)(a), namely--
    (a)  the name and address of the printer of the document;
    (b)  the name and address of the promoter of the material; and
    (c)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (3)  Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
 
    (4)  Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
 
    (5)  Where the material is an advertisement contained in a newspaper or periodical--
    (a)  the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
    (b)  the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
    (6)  The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely--
    (a)  the name and address of the promoter of the material; and
    (b)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (7)  Regulations under subsection (6) may in particular specify--
    (a)  the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
    (b)  circumstances in which--
          (i)  any such requirement does not have to be complied with by a person of any description specified in the regulations, or
          (ii)  a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
    (c)  circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
    (8)  Where during the referendum period any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))--
    (a)  the promoter of the material,
    (b)  any other person by whom the material is so published, and
    (c)  the printer of the document,
shall be guilty of an offence.
 
    (9)  Where during the referendum period any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))--
    (a)  the promoter of the material, and
    (b)  any other person by whom the material is so published,
shall be guilty of an offence.
 
    (10)  It shall be a defence for a person charged with an offence under this section to prove--
    (a)  that the contravention of subsection (1) arose from circumstances beyond his control; and
    (b)  that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
    (11)  In this section--
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any material falling within subsection (1), means the person causing the material to be published;
    publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means.")
Details to appear on referendum material.
  
Clause 121
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 121 stand part of the Bill. 
  
After Clause 123
 
  
BY THE LORD NORTON OF LOUTH
 
244     Insert the following new Clause-- 
     ("  .--(1)  For the result of a referendum to be declared valid there shall be a simple majority voting in favour of a proposition on the ballot paper and that simple majority shall represent no less than 40 per cent. of those eligible to vote.
 
    (2)  The Chief Counting Officer shall certify whether the conditions set out in subsection (1) have been met.
 
    (3)  The certification of the Chief Counting Officer under subsection (2) shall be deemed to be conclusive.")
Threshold to
be met.
  
Clause 124
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
245     Page 77, line 37, leave out paragraph (a) 
246     Page 77, leave out lines 38 to 41 
  
Clause 125
 
  
BY THE LORD BASSAM OF BRIGHTON
 
246A     Page 78, leave out lines 10 and 11 and insert-- 
 ("Control of donations to candidates.     71A.--(1)  In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)--
    (a)  by any person other than the candidate or his election agent, and
    (b)  for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
 
    (2)  Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
 
    (3)  A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.
 
    (4)  Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.
 
    (5)  In this section and that Schedule "property" includes any description of property, and references to the provision of property accordingly include the supply of goods."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
247     Page 78, line 14, leave out subsection (4) 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
247A     Page 158, line 2, leave out from ("donation") to end of line 4 and insert ("to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate") 
247B     Page 158, line 4, at end insert--
 
    ("(  )  In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.")
 
247C     Page 158, line 5, after ("2") insert (", 2A") 
248     Page 158, line 7, at end insert--
 
    ("(  )  Where--
    (a)  at a time when any order is in force under section 65(1) of the 2000 Act a donation is received by a candidate at an election in Great Britain, and
    (b)  the order provides for this sub-paragraph to apply to any such donation,
references to a permissible donor falling within section 49(2) of that Act shall be construed, in relation to the donation, as not including a registered party which is registered in the Northern Ireland register maintained by the Commission under Part II of that Act.")
 
248A     Page 158, line 9, at end insert--
 
    ("(7)  Any reference to a donation received by a candidate when he is (or is deemed to be) his own election agent includes a reference to a donation received by a candidate on a list of candidates to be London members of the London Assembly at an ordinary election who is, or is deemed to be, the election agent of all the candidates on the list.
 
    (8)  Any donation which is received by a candidate as mentioned in sub-paragraph (7) above shall be regarded as received by him in his capacity as election agent.")
 
248B     Page 158, line 13, at end insert--
    ("(aa)  any sponsorship provided in relation to the candidate (as defined by paragraph 2A below);")
 
248C     Page 158, line 14, leave out ("as permitted by section 73 above)") and insert ("by the candidate, his election agent or any sub-agent)") 
248D     Page 158, line 15, leave out from ("by") to end of line 16 and insert ("or on behalf of the candidate;") 
248E     Page 158, line 19, leave out ("goods,") 
248F     Page 158, leave out line 22 
248G     Page 158, line 23, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate 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 candidate 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) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above.
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c) above, whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d) above, whether any property, services or facilities provided for the use or benefit of a candidate 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 candidate 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) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A below) shall apply in relation to it to the exclusion of the other provision of this paragraph.
 
    (2C)  The reference in sub-paragraph (1)(b) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(b) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.")
 
248H     Page 158, line 31, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if--
    (a)  any money or other property is transferred to the candidate or to any person for the benefit of the candidate, 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 candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) above "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the candidate,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the candidate, or
    (c)  any study or research organised by or on behalf of the candidate.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above--
    (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) above.
 
    (5)  Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
 
    (6)  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).")
 
248J     Page 158, line 45, after ("above") insert ("(other than money)") 
248K     Page 159, line 1, at beginning insert ("the total value in monetary terms of") 
248L     Page 159, line 2, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) above 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) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
248M     Page 159, leave out lines 5 to 8 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 candidate or his election agent 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 candidate or his election agent")
 
248N     Page 159, line 9, leave out sub-paragraph (4) 
248P     Page 159, line 13, leave out ("or (4)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
249     Page 159, line 50, leave out ("not less") and insert ("more") 
250     Page 160, line 13, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
250A     Page 160, line 27, leave out from ("to") to end of line 29 and insert--
    ("(a)  a relevant donation received by a candidate or his election agent, and
    (b)  the candidate or (as the case may be) the election agent,
as they apply in relation to a donation received by a registered party and the registered party.")
 
250B     Page 160, line 43, at end insert-- 
 ("Transfer of donations received by candidate to election agent 
     6A.--(1)  Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).
 
    (2)  The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent--
    (a)  the donation,
    (b)  where paragraph 5(4) or (5) above applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
    (c)  any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.
    (3)  Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 5(1) to (3) above and the provisions applied by paragraph 6 above as if it had been--
    (a)  originally received by the election agent, and
    (b)  so received by him on the date on which it was received by the candidate.
    (4)  Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either--
    (a)  forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) above to the agent, or
    (b)  (if he fails to do so) deal with the donation in accordance with section 51 of the 2000 Act.
    (5)  Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above.
 
    (6)  Sub-paragraph (7) below applies where--
    (a)  a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 51 of the 2000 Act either because--
          (i)  it was received by him at a time when no appointment of another person as his election agent was in force, or
          (ii)  although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and
    (b)  an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after--
          (i)  the deadline for appointing an election agent, or
          (ii)  if later, the time when the candidate has dealt with the donation in accordance with section 51 of the 2000 Act.
    (7)  Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent--
    (a)  the donation (if it has been accepted by him), and
    (b)  any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this Schedule.
    (8)  The relevant time for the purposes of sub-paragraph (7) above is--
    (a)  the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
    (b)  otherwise, the time when any such appointment subsequently comes into force.
    (9)  The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
 
    (10)  In this paragraph--
    (a)  any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67(1) or (1A) of this Act be named as election agent--
          (i)  by the candidate, or
          (ii)  in the case of a candidate on a list of candidates submitted by a registered political party to be London members of the London Assembly at an ordinary election, by the party; and
    (b)  any reference to any provision of section 51 of the 2000 Act is a reference to that provision as applied by paragraph 6 above.")
 
250C     Page 160, line 47, leave out ("or to the treasurer of a registered party") 
250D     Page 160, line 49, at end insert ("; and
    (c)  any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).")
 
250E     Page 161, line 5, leave out ("prepared") and insert ("delivered") 
  
Before Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
250F     Insert the following new Clause-- 
     ("  .--(1)  Section 75 of the Representation of the People Act 1983 (no election expenses to be incurred by persons other than candidate, election agent or persons authorised by him) shall be amended as follows.
 
    (2)  In subsection (1)(ii) (exception for expenses not exceeding £5 in aggregate incurred by individual backer or disparager), for "not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others," there shall be substituted "incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action),".
 
    (3)  After subsection (1) there shall be inserted--
        (1ZA)  For the purposes of subsection (1)(ii) above, "the permitted sum" means--
      (a)  in respect of a candidate at a parliamentary election, £500;
      (b)  in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;
    and expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1)(ii)) fall within subsection (1) above."
    (4)  At the end of subsection (1A) there shall be added "; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party."
 
    (5)  Subsections (1B) and (1C) (special provision for Greater London Authority elections) shall be omitted.")
Election expenses incurred otherwise than by candidate.
  
Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
250G     Page 78, leave out lines 21 to 24 and insert ("or on behalf of a candidate at an election") 
250H     Page 78, line 31, leave out from ("by") to ("must") in line 33 and insert ("or on behalf of any of those candidates") 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
251     Page 79, line 6, leave out ("£100,000") and insert ("£75,000") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
252     Page 79, line 7, leave out subsection (6) 
  
After Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
252A     Insert the following new Clause-- 
     ("  .--(1)  For section 76A of the Representation of the People Act 1983 there shall be substituted-- 
 Power to vary provisions about election expenses.     76A.--(1)  The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies--
    (a)  where he considers that the variation is expedient in consequence of changes in the value of money, or
    (b)  in order to give effect to a recommendation of the Electoral Commission.
    (2)  This section applies to any of the sums for the time being specified in--
    (a)  section 73(2) above;
    (b)  section 74(1)(a), (b), (c) or (d) above;
    (c)  section 75(1ZA) above; or
    (d)  section 76(2) above.
    (3)  An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
     (2)  Section 76A of that Act, as substituted by subsection (1) above, shall be taken to be a pre-commencement enactment for the purposes of the Scotland Act 1998.")Power to vary provisions about election expenses.
1983 c. 2.
1998 c. 46.
  
Clause 127
 
  
BY THE LORD BASSAM OF BRIGHTON
 
252B     Page 79, line 40, leave out ("expenses which") and insert ("facilities in respect of which expenses") 
252C     Page 80, line 4, at end insert--
        ("(4A)  For the purposes of this Part of this Act--
      (a)  election expenses are incurred by or on behalf of a candidate at an election if they are incurred--
            (i)  by the candidate or his election agent, or
            (ii)  by any person authorised by the candidate or his election agent to incur the expenses; and
      (b)  any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of subsection (1) and (2) above fall to be regarded as election expenses.")
 
252D     Page 80, line 5, after ("reference") insert ("(in whatever terms)") 
252E     Page 80, line 24, leave out from beginning to end of line 9 on page 81 and insert-- 
 <~et>("Property, goods, services etc. provided free of charge or at a discount.     90C.--(1)  This section applies where, in the case of a candidate at an election-- 
  
    (a)  either--
 
 
    (i)  property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or
 
  
          (ii)  property, goods, services or facilities is or are provided for the use or benefit of the candidate 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 goods, services or facilities, and
    (b)  the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
    (1A)  Where this section applies--
    (a)  an amount of election expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
    (b)  the candidate's election agent shall make a declaration of that amount,
unless that amount is less than £50.
 
    This subsection has effect subject to section 90A(3) above.
 
    (1B)  Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either--
    (a)  the market value of the property or goods (where the property or goods is or are transferred free of charge), or
    (b)  the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.
 
    (1C)  Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either--
    (a)  the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, 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 candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
253     Page 80, line 40, leave out ("£50") and insert ("£100") 
  
BY THE LORD BASSAM OF BRIGHTON
 
253A     Page 81, line 11, after ("use") insert ("or benefit") 
253B     Page 81, leave out lines 19 to 26 
253C     Page 81, line 28, after ("property") insert ("or goods") 
253D     Page 81, line 29, after ("property") insert ("or goods") 
253E     Page 81, line 30, at end insert ("; and paragraph 2(3)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent."") 
253F     Page 81, line 30, at end insert-- 
 ("Modification of sections 90A to 90C in relation to election of London members of the London Assembly.     90D.--(1)  Sections 90A to 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.
 
    (2)  In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election--
    (a)  references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and
    (b)  for the purposes of the candidate's election" shall (instead of having the meaning given by section 90A(4) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.
    (3)  Section 90A above shall have effect with the substitution of the following subsection for subsection (5)--
 
    (5)  In this Part, and in Part III of this Act, any reference (in whatever form) to promoting or procuring a candidate's election at an election, or to promoting or procuring electoral success for a party, includes doing so by prejudicing the electoral prospects of other candidates or parties at the election."."  ")
 
  
Clause 128
 
  
BY THE LORD BASSAM OF BRIGHTON
 
253G     Page 81, leave out lines 36 to 47 and insert--
      ("""candidate" shall be construed in accordance with section 118A below;".
        (  )  After section 118 of that Act there shall be inserted--
 
 Meaning of candidate.     118A.--(1)  References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).
        (2)  A person becomes a candidate at a parliamentary election--
      (a)  on the date of--
            (i)  the dissolution of Parliament, or
            (ii)  in the case of a by-election, the occurrence of the vacancy,
 
 
    in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and
 
  
      (b)  otherwise, on the day on which he is so declared by himself or others or on which he is nominated as a candidate at the election (whichever is the earlier).
        (3)  A person becomes a candidate at an election under the local government Act--
      (a)  on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and
      (b)  otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),
    or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
 
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Prepared 9 October 2000