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

back to previous amendments
 
254     Page 81, line 38, leave out from ("election") to end of line 42 
255     Page 81, line 45, leave out from ("election") to end of line 47 
256     Page 82, line 1, leave out subsection (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
256A     Page 82, line 1, leave out ("amendment made by this section does") and insert ("amendments made by this section do") 
  
Clause 129
 
  
BY THE LORD BASSAM OF BRIGHTON
 
256B     Page 83, line 42, at end insert-- 
 ("Incapacity to hold public or judicial office in Scotland.     173A.--(1) Subject to section 174 below, a person convicted of a corrupt practice--
    (a)  shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
      (b)  if already holding such an office, shall vacate it as from that date.
        (2)  Subsection (1) above applies in addition to--
      (a)  any incapacity or other requirement applying to the person by virtue of section 173 above, and
      (b)  any punishment imposed on him under section 168 above."  ")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
257     Page 83, line 43, leave out subsection (2) 
  
Clause 130
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
258     Page 84, line 4, leave out subsection (2) 
  
Schedule 16
 
  
BY THE LORD BASSAM OF BRIGHTON
 
258A     Page 162, line 9, at end insert--
        ("  .--(1) For section 137 there shall be substituted--
 
 Petition at issue.     137.--(1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.
        (2)  In this section "the relevant time" means--
      (a)  where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
      (b)  in any other case, the time when--
            (i)  the time prescribed for the making of objections under section 136(4) above expires, or
            (ii)  if such an objection is made, that objection is disallowed or removed,
 
 
    whichever happens later."
 
 
        (2)  The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.
        . In section 138(1) (list of petitions) the words from ", a copy of which" onwards shall be omitted.")
 
258B     Page 162, line 10, at end insert--
        ("(2)  The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland.")
 
258C     Page 162, line 14, leave out paragraph 5 and insert--
        ("  . In section 159 (candidate reported guilty of corrupt or illegal practice)--
      (a)  subsection (2) shall be omitted, and
      (b)  for subsection (3) there shall be substituted--
        (3)  A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland--
      (a)  for ten years, if reported personally guilty of a corrupt practice,
      (b)  for three years, if reported guilty by his agents of a corrupt practice, or
      (c)  during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
    and if at the date of the report he holds any such office, then the office shall be vacated as from that date."  ")
 
258D     Page 162, line 29, at end insert ("as from the date of the report") 
258E     Page 162, line 35, at end insert--
        ("(5A)  Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice--
      (a)  shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and
      (b)  if already holding such an office, shall vacate it as from that date."")
 
258F     Page 162, line 38, at end insert ("or to any public office in Scotland"") 
258G     Page 162, leave out line 44 and insert--
    ("(b)  in the definition of "public office" for " "public office" means any office--" substitute " "public office" in relation to Scotland means any office held in Scotland--".")
 
  
Clause 131
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
259     Page 84, line 11, leave out subsection (2) 
  
Schedule 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
259A     Page 163, line 6, at end insert-- 
 ("Payment of election expenses 
     2A.--(1)  Section 73 (payment of expenses through election agent) shall be amended as follows.
 
    (2)  For subsection (1) there shall be substituted--
        (1)  Subject to subsection (5) below, no payment (of whatever nature) shall be made by--
      (a)  a candidate at an election, or
      (b)  any other person,
    in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate's election agent."
    (3)  Subsection (4) shall be omitted.
 
    (4)  For subsection (5) there shall be substituted--
        (5)  This section does not apply to--
      (a)  any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;
      (b)  any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;
      (c)  any expenses included in a declaration made by the election agent under section 74A below; or
      (d)  any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90A(4A)(b) below."
    (5)  In subsection (6)--
    (a)  for "any payment, advance or deposit" there shall be substituted "any payment (of whatever nature)"; and
    (b)  the words from ", or pays" to "as mentioned above," shall be omitted."
    2B.--(1)  Section 74 (candidate's personal expenses, and petty expenses) shall be amended as follows.
 
    (2)  For the sidenote there shall be substituted "Expenses which may be paid otherwise than by election agent."
 
    (3)  After subsection (1A) there shall be inserted--
        (1B)  The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent."
    (4)  In subsection (2), for "personal expenses paid as mentioned above" there shall be substituted "expenses paid as mentioned in subsection (1) or (1B) above".
 
    (5)  After subsection (4) there shall be inserted--
 
    (5)  Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate's election agent."
 
    2C.  After section 74 there shall be inserted--
 
 Expenses incurred otherwise than for election purposes.     74A.--(1)  Neither section 73 above nor sections 78 and 79 below shall apply to election expenses--
    (a)  which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate's election, but
    (b)  which by virtue of section 90A(1) below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate's election.
    (2)  The candidate's election agent shall make a declaration of the amount (determined in accordance with section 90B below) of any election expenses falling within subsection (1) above.
 
    (3)  In this section "for the purposes of the candidate's election" has the same meaning as in sections 90A to 90C below."
 
     2D.--(1)  Section 78 (time for sending in and paying claims) shall be amended as follows.
 
    (2)  In subsections (1) and (2) for "within" wherever it occurs there shall be substituted "not later than".")
 
259B     Page 163, line 9, leave out sub-paragraph (2) and insert--
 
    ("(2)  In subsection (1) for the words from "in the form" onwards there shall be substituted "containing as respects that candidate--
    (a)  a statement of all election expenses incurred by or on behalf of the candidate; and
    (b)  a statement of all payments made by the election agent together with all bills and receipts relating to the payments."  ")
 
259C     Page 163, line 18, after ("(3)") insert--
    ("(a)  for paragraph (a) there shall be substituted--
      (a)  a statement of all payments made--
            (i)  by the candidate in accordance with section 74(1) or (1B) above, or
            (ii)  by any other person in accordance with section 74(3) above,
 
 
    together with all bills and receipts relating to any such payments made in accordance with section 74(1B) or 74(3);", and
 
 
    (b)")  
 
259D     Page 163, line 20, leave out ("90C(3)") and insert ("74A(2) above or 90C(1A)") 
259E     Page 163, line 20, at end insert--
      ("(da)  a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(4A)(b) below;")
 
259F     Page 163, line 23, at end insert ("; and
      ("(f)  a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf."  ")
 
259G     Page 163, line 23, at end insert--
 
    ("(  )  Subsection (4) shall be omitted.")
 
259H     Page 163, line 23, at end insert--
 
    ("(  )  In subsection (7), the words from "; and" onwards shall be omitted.")
 
259J     Page 163, line 24, leave out from ("subsection") to ("The") in line 25 and insert ("(10) there shall be inserted--
        (10A)")
 
259K     Page 163, line 26, leave out second ("the") and insert ("any (or any description of)") 
259L     Page 163, line 27, at end insert--
 
    ("(  )  Subsection (11) shall be omitted.")
 
259M     Page 163, line 36, leave out (", and any accompanying documents, to the Electoral Commission") and insert ("to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.") 
259N     Page 164, line 11, at end insert--
 
    ("(  )  In section 90 (election expenses at elections where election agent not required)--
    (a)  in subsection (1)(a), for "section 76(1) above has" there shall be substituted "section 76(1B) above and sections 90A(4A) and 90C below have";
    (b)  in subsection (1)(b), for "sections 72 to 75 and 78 to 89 above" there shall be substituted "sections 71A to 75 and 78 to 89 above, and Schedule 2A to this Act,";
    (c)  for subsection (1)(c) there shall be substituted--
      (c)  section 76A(2) has effect as if it referred, in substitution for the provisions set out in paragraphs (a) to (c) of that subsection, to paragraph 3 of Schedule 4 to this Act.";
 
 
    and
 
 
    (d)  in subsection (2) for "sections 72 to 89" there shall be substituted "sections 71A to 89".")
 
259P     Page 164, line 17, leave out paragraph 9 and insert--
 
    ("  .  For section 110 there shall be substituted--
 
 Details to appear on election publications.     110.--(1)  This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well).
 
    (2)  No material to which this section applies shall be published unless--
    (a)  in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, 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 (7) below are complied with.
    (3)  For the purposes of subsections (4) to (6) below the following details are "the relevant details" in the case of any material falling within subsection (2)(a) above, 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).
    (4)  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.
 
    (5)  Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear either on the first or the last page of the document.
 
    (6)  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 (3)(b) and (c) above must be included in the advertisement.
    (7)  The Secretary of State may, after consulting the Electoral Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above 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).
    (8)  Regulations under subsection (7) above 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.
    (9)  Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (11) and (12) below)--
    (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 and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
    (10)  Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (11) and (12) below)--
    (a)  the promoter of the material, and
    (b)  any other person by whom the material is so published,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
    (11)  It shall be a defence for a person charged with an offence under this section to prove--
    (a)  that the contravention of subsection (2) above 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.
    (12)  Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (9) or (10) above, he shall instead be guilty of an illegal practice.
 
    (13)  In this section--
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any material to which this section applies, 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.
    (14)  For the purpose of determining whether any material is material such as is mentioned subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate."  ")
 
259Q     Page 164, line 32, leave out ("90C") and insert ("90D") 
259R     Page 164, line 32, at end insert (", and
    (b)  in the definition of "money", for "sections 113 and 114 above" there shall be substituted "sections 71A, 113 and 114 above and Schedule 2A to this Act".")
 
259S     Page 164, line 32, at end insert--
 
    ("  .  In Schedule 3, in the form of declarations--
    (a)  in paragraph 3, the words "in relation to my [the candidate's] personal expenses", and
    (b)  paragraph 4,
shall be omitted.")
 
259T     Page 164, line 43, after ("Order") insert ("1980") 
259U     Page 165, line 2, at end insert--
 
    ("(  )  For section 86(10) and (11) there shall be substituted--
        (10)  Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article."
    (  )  For section 106(9) there shall be substituted--
        (9)  Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article."
    (  )  For section 167(5) there shall be substituted--
        (5)  Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article."")
 
259V     Page 165, line 2, at end insert-- 
 ("References to documents used in legal proceedings 
     .--(1)  In section 69 (office of election agent and sub-agent)--
    (a)  in subsection (1), for "writs, summonses and" substitute "legal process and other"; and
    (b)  in subsection (3), for "writ, summons or" substitute "legal process or other".
    (2)  In section 85(4) (penalty for sitting or voting where no return and declarations transmitted), for--
    (a)  the writ or other process" (in both places), and
    (b)  a writ or other process",
substitute "legal process".
 
    (3)  In section 121(5) (presentation and service of parliamentary election petition), for the words from "as nearly" to "such other" substitute "in such".
 
    (4)  In section 136(2) (security for costs), in paragraphs (a) and (b), for "on summons, directs" substitute "directs on an application made by the petitioner".
 
    (5)  In section 184(1) (service of notices), for "summons, notice or" substitute "notice, legal process or other".
 
    (6)  In section 202(1) (general provisions as to interpretation), after the definition of "legal incapacity" insert--
      legal process" means a claim form, application notice, writ, summons or other process;".
    (7)  In Schedule 4 (election expenses at certain local elections in England and Wales), in paragraph 4(3) (penalty for sitting or voting where no return and declarations transmitted), for "a writ or other process" substitute "legal process".")
 
  
Schedule 18
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
260     Page 165, line 8, at end insert ("qualifying cash donations and qualifying non-cash donations made by companies to registered parties and to other EU political parties") 
261     Page 165, leave out lines 9 to 11 
262     Page 165, leave out lines 14 to 25 
263     Page 165, leave out lines 26 to 32 
264     Page 165, leave out lines 33 to 36 
265     Page 165, line 37, leave out ("donation or expenditure made or incurred") and insert ("qualifying cash donation or any qualifying non-cash donation made") 
266     Page 165, line 44, at end insert ("make any qualifying cash donation or qualifying non-cash donation to any EU political party") 
267     Page 165, leave out lines 45 to 47 
  
Clause 133
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
268     Page 84, line 30, leave out ("Great Britain)") and insert ("the United Kingdom)") 
269     Page 84, line 32, leave out from ("made") to end of line 37 and insert ("qualifying cash donations or qualifying non-cash donations") 
270     Page 85, line 16, leave out ("Great Britain") and insert ("the United Kingdom") 
271     Page 85, line 21, leave out ("exceeds £200") and insert ("is a qualifying cash donation or a qualifying non-cash donation") 
272     Page 85, line 28, leave out ("Great Britain)") and insert ("the United Kingdom)") 
273     Page 85, line 33, at end insert ("to all non-EU political parties in the aggregate") 
274     Page 85, line 39, leave out ("Great Britain") and insert ("the United Kingdom") 
275     Page 85, line 45, leave out (", in relation to an organisation,") 
276     Page 85, line 47, leave out ("the organisation") and insert ("a non-EU political party") 
277     Page 86, leave out lines 9 to 36 
278     Page 86, line 12, leave out ("Great Britain)") and insert ("the United Kingdom)") 
279     Page 86, line 23, leave out ("Great Britain") and insert ("the United Kingdom") 
  
After Clause 133
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
280     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "qualifying cash donation" means one or more donations by a company or any of its subsidiaries representing a gift or gifts of money to or for the benefit of, or a subscription or other fee paid for membership of, or affiliation to, an EU political party, if the aggregate of all such donations made by the company and any of its subsidiaries in the financial year of the company exceeds £5,000 (or such higher sum which the Secretary of State may by order from time to time prescribe).
 
    (2)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "non-cash donation" means the types of donation referred to in section 46(2) of this Act by a company or any of its subsidiaries to or for the benefit of an EU political party, if the aggregate of all such donations made by the company and any of its subsidiaries in the financial year of the company exceeds £5,000 (or such higher sum which the Secretary of State may by order from time to time prescribe), but not including a qualifying cash donation, and not including a cash donation of up to and including £5,000 which would otherwise be a qualifying cash donation.
 
    (3)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "EU political party" means--
    (a)  in respect of the United Kingdom, a registered party;
    (b)  in respect of other member states for the time being of the European Union, a political party generally recognised as such in such member state and entitled to field candidates in a general election in that member state under its laws and constitution.")
Definitions.
  
Before Clause 134
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
280A     Insert the following new Clause-- 
     ("  .--(1)  In section 2 of the Representation of the People Act 1985 (Registration of British citizens overseas), at the beginning of subsection (1) there is inserted "Subject to subsections (1A) and (1B),".
 
    (2)  After subsection (1) there is inserted--
        (1A)  A person may not be registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration unless he has been so registered within the previous 12 months.
        (1B)  Subsection (1A) does not apply to a person who qualified as an overseas elector in relation to parliamentary election within the previous 5 year period, and such a person may be registered in accordance with subsection (1) above if--
      (a)  during that 5 year period they have been registered at least once in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration (whether or not that registration has subsequently lapsed), and
      (b)  they register within 12 months of the end of that 5 year period."")
Registration of overseas electors.
  
Clause 134
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 134 stand part of the Bill. 
  
After Clause 134
 
  
BY THE LORD BASSAM OF BRIGHTON
 
280B     Insert the following new Clause-- 
 ("Pre-consolidation amendments 
     .--(1)  Schedule 1 to the European Parliamentary Elections Act 1978 (system of election etc.) shall be amended as follows.
 
    (2)  In paragraph 5 (disqualification for office of Member of the European Parliament), in sub-paragraphs (4)(a) and (4A)(a), after "section 3" there shall be inserted "or 3A".
 
    (3)  In paragraph 6 (judicial proceedings as to disqualification under paragraph 5), in sub-paragraph (1)(b), after "section 3" there shall be inserted "or 3A".")
Pre-consolidation amendments.
1978 c. 10.
280C     Insert the following new Clause-- 
 ("Election material 
     .--(1)  No election material shall be published 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 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 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--
    election material" has the meaning given by section 80(2A);
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any election material, 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 election material.
280D     Insert the following new Clause-- 
     ("  .  For section 93 of the Representation of the People Act 1983 there shall be substituted-- 
 Broadcasting of local items during election period.     93.--(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
 
    (2)  The code for the time being adopted by a broadcasting authority under this section shall be either--
    (a)  a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
    (b)  a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
 
    (3)  Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
 
    (4)  The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
 
    (5)  For the purposes of subsection (1) "the election period", in relation to an election, means the period beginning--
    (a)  (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced,
 
  
    (b)  (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
    (c)  (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
 
    (6)  In this section--
    broadcasting authority" means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;
    candidate", in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
    relevant services"--
          (a)  in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
 
  
          (b)  in relation to the Independent Television Commission, means services licensed under Part I of the Broadcasting Act 1990 or Part I of the Broadcasting Act 1996; and
 
  
          (c)  in relation to the Radio Authority, means services licensed under Part III of the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996."  ")
Broadcasting of local items during election period.
1983 c. 2.
1975 c. 66.
1990 c. 42.
1996 c. 55.
1990 c. 42.
1996 c. 55.
  
BY THE LORD McNALLY
THE LORD GOODHART
 
280E     Insert the following new Clause-- 
     ("  .--(1)  In section 14(1) of the Representation of the People Act 1983, after paragraph (b) there shall be inserted--
    (ba) is employed in a post outside the United Kingdom by one of the institutions of the European Union or by an international organisation of which the United Kingdom is a member;".
    (2)  In section 14(1)(e) of that Act, after "(b)" there shall be inserted, "(ba)".")
Staff of international organisations: service qualification.
  
Clause 135
 
  
BY THE LORD BASSAM OF BRIGHTON
 
280F     Page 87, leave out lines 10 to 12 and insert--
    ("(b)  the restrictions and other requirements imposed by other enactments in relation to--
          (i)  election expenses incurred by or on behalf of candidates at elections, or
          (ii)  donations to such candidates or their election agents.")
 
281     Page 87, line 14, at end insert ("unless and to the extent that the Scottish Ministers by order so provide.
 
    (3)  For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (4)  Section 146(5) shall apply to an order made by the Scottish Ministers under subsection (2) 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.
 
    (5)  The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
 
    (6)  The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).")
 
281A     Page 87, line 14, at end insert--
 
    ("(  )  In this section and sections 136 and 138--
    election" means a relevant election for the purposes of Part II;
    election agent" includes a sub-agent.")
 
  
Clause 136
 
  
BY THE LORD BASSAM OF BRIGHTON
 
281B     Page 88, line 34, leave out from ("to") to ("as") in line 35 and insert ("the income and expenditure of candidates within paragraph (b) of that subsection and their election agents") 
281C     Page 88, line 37, leave out from ("with") to end of line 39 and insert ("restrictions and other requirements falling within section 135(1)(b),") 
  
Clause 137
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
281D     Page 89, line 9, at end insert ("without reasonable excuse") 
  
BY THE LORD BASSAM OF BRIGHTON
 
282     Page 89, line 9, at end insert--
    ("(za)  the requirements of section (Notification of changes in party's officers etc.)(4) or (Registration of minor parties)(3) are not complied with in relation to any notification required to be given by the treasurer or (as the case may be) registered leader of a registered party;")
 
283     Page 89, leave out lines 17 and 18 and insert ("any notification required to be given by the treasurer of a registered party;") 
284     Page 89, leave out lines 34 to 38 and insert--
    ("(a)  the end of the period within which--
          (i)  the notification mentioned in subsection (1)(za) or (c) was required to be given to the Commission, or
          (ii)  the document mentioned in subsection (1)(a), (b), (d), (e) or (f) was required to be delivered to them,")
 
 
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