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

back to previous amendments
 

285     Page 90, line 7, leave out from ("subsection") to ("a") in line 9 and insert ("(3)(a)") 
286     [Withdrawn] 
286A     Page 90, line 21, leave out ("(3)(a)(i) shall be read as referring to") and insert ("(3)(a) shall be read as referring to the end of") 
287     Page 90, line 32, leave out ("(1)(a)") and insert ("(1)(za) or (a)") 
  
Clause 138
 
  
BY THE LORD BASSAM OF BRIGHTON
 
287A     Page 90, line 43, after ("individual") insert ("which is or is liable to be required to be produced for inspection under section 136(1), and does so") 
287B     Page 91, line 15, at end insert--
 
    ("(  )  In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.")
 
287C     Page 91, line 15, at end insert--
 
    ("(  )  Subsections (1) and (3) shall apply in relation to a person who is (or has been)--
    (a)  a candidate at an election (other than a local government election in Scotland), or
    (b)  the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 135(1)(b).")
 
287D     Page 91, line 17, after ("is") insert ("a regulated donee,") 
287E     Page 91, leave out line 21 and insert ("or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units;") 
287F     Page 91, line 21, at end insert--
          ("(  )  a regulated donee which is a members association,")
 
287G     Page 91, line 24, at end insert ("a person who is (or has been)") 
287H     Page 91, line 25, after ("party") insert ("(other than a minor party)") 
287J     Page 91, line 25, leave out from ("or") to end of line 26 and insert ("the central organisation of such a party, the treasurer of the party,
          (  )  in relation to any accounting unit of such a party, the registered treasurer of the unit,")
 
287K     Page 91, line 26, at end insert--
          ("(  )  in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 6,")
 
287L     Page 91, line 30, at end insert--
    ("(  )  regulated donee" and "members association" have the same meaning as in Schedule 6;")
 
  
Clause 139
 
  
BY THE LORD BASSAM OF BRIGHTON
 
288     Page 91, line 36, leave out ("21") and insert ("(The new registers)") 
288A     Page 92, line 14, at end insert--
 
    ("(  )  Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy--
    (a)  made available for public inspection under subsection (2), or
    (b)  supplied under subsection (4),
must be made available, or (as the case may be) supplied, in a legible form.")
 
  
Schedule 19
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
289     Page 172, line 14, column 2, leave out ("or 6 months") 
290     Page 172, line 15, column 2, leave out ("or 1 year") 
291     Page 172, line 17, column 2, leave out ("or 6 months") 
292     Page 172, line 18, column 2, leave out ("or 1 year") 
293     Page 172, line 20, column 2, leave out ("or 6 months") 
294     Page 172, line 21, column 2, leave out ("or 1 year") 
295     Page 172, line 23, column 2, leave out ("or 6 months") 
296     Page 172, line 24, column 2, leave out ("or 1 year") 
297     Page 172, line 26, column 2, leave out ("or 6 months") 
298     Page 172, line 27, column 2, leave out ("or 1 year") 
299     Page 172, line 37, column 1, leave out ("63(5)") and insert ("63(5)(a) and (b)") 
300     Page 172, line 38, column 1, leave out ("; false declaration about such donations") 
301     Page 172, line 38, column 2, leave out ("or 6 months") 
302     Page 172, line 39, column 2, leave out ("or 1 year") 
303     Page 172, line 39, at end insert-- 
 ("Section 63(5)(c) (making a false declaration about multiple small donations)On summary conviction: statutory maximum or 6 months

On indictment: fine or 1 year")

 
304     Page 174, line 10, column 2, leave out ("or 6 months") 
305     Page 174, line 11, column 2, leave out ("or 1 year") 
306     Page 174, line 16, column 2, leave out ("or 6 months") 
307     Page 174, line 17, column 2, leave out ("or 1 year") 
  
BY THE LORD BASSAM OF BRIGHTON
 
307A     Page 174, leave out lines 21 to 24 
307B     Page 175, line 20, column 1, leave out from ("Section") to ("without") in line 21 and insert ("(Details to appear on referendum material) (8) or (9) (printing or publishing referendum material") 
307C     Page 175, line 22, at end insert-- 
 
("Section (Details to appear on election material) (8) or (9) (printing or publishing election material without details of printer or publisher) On summary conviction: Level 5")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
308     Page 175, line 40, column 2, leave out ("or 6 months") 
309     Page 175, line 41, column 2, leave out ("or 1 year") 
310     Page 175, line 46, column 2, leave out ("or 6 months") 
311     Page 175, line 47, column 2, leave out ("or one year") 
312     Page 176, line 13, column 2, leave out ("or 6 months") 
313     Page 176, line 14, column 2, leave out ("or 1 year") 
  
Clause 146
 
  
BY THE LORD BASSAM OF BRIGHTON
 
313A     Page 95, line 4, leave out ("15(6)") and insert ("(Transfer of functions of Boundary Commissions)(3)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
314     Page 95, line 4, leave out ("or 151(2)") 
315     Page 95, line 6, at end insert ("; or
    (c)  any order under section 151(2) that does not contain any provision of the type specified in section 151(5)")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
315A     Page 95, line 7, at end insert--
    ("(  )  section (Sponsorship)(4),")
 
316     Page 95, line 8, at end insert--
    ("(  )  section 65(1),")
 
316A     Page 95, line 12, at end insert--
    ("(  )  paragraph 2A(4) of Schedule 6,")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
317     Page 95, line 12, at end insert--
    ("(  )  section 151(2) that contains any provision of the type specified in section 151(5);")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
317A     Page 95, line 13, leave out ("or paragraph 7 of Schedule 12,") and insert--
    ("(  )  paragraph 2A(4) of Schedule 10,
    (  )  paragraph 7 of Schedule 12,")
 
317B     Page 95, line 14, at end insert ("; or
    (  (  )  paragraph 2A(4) of Schedule 14;")
 
  
Clause 148
 
  
BY THE LORD BASSAM OF BRIGHTON
 
317C     Page 95, line 37, after ("elections)") insert (", or
    (b)  of provisions amending any of those provisions,")
 
317D     Page 95, line 39, leave out subsection (4) 
  
Clause 150
 
  
BY THE LORD BASSAM OF BRIGHTON
 
317E     Page 96, line 12, at end insert--
    (""body", without more, means a body corporate or any combination of persons or other unincorporated association;")
 
317F     Page 96, line 13, at end insert--
    (""business" includes every trade, profession and occupation;")
 
318     Page 96, line 24, at end insert--
    (" "the Great Britain register" and "the Northern Ireland register" mean the registers of political parties referred to in section (The new registers)(2)(a) and (b) respectively;")
 
318A     Page 96, line 30, at end insert ("or an election under Part II of the Local Government Act 2000 for the return of an elected mayor;") 
319     Page 96, line 33, at end insert--
    (" "minor party" means (in accordance with section (Registration of minor parties)(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 25(1A)(d);")
 
319A     Page 97, line 7, at end insert--
 
    ("(  )  References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely--
    (a)  payments out of--
          (i)  the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund or the Consolidated Fund of Northern Ireland, or
          (ii)  money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;
    (b)  payments by--
          (i)  any Minister of the Crown, the Scottish Ministers or any Minister within the meaning of the Northern Ireland Act 1998,
          (ii)  any government department (including a Northern Ireland department) or any part of the Scottish Administration, or
          (iii)  the National Assembly for Wales;
    (c)  payments by the Scottish Parliamentary Corporate Body or the Northern Ireland Assembly Commission; and
    (d)  payments by the Electoral Commission;
and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.")
 
  
After Clause 150
 
  
BY THE LORD BASSAM OF BRIGHTON
 
319B     Insert the following new Clause-- 
     ("  .--(1) This section has effect for the purposes of the provisions of this Act relating to donations.
 
    (2)  Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description--
    (a)  the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and
    (b)  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.
    (3)  Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description ("the donee"), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.
 
    (4)  The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).
 
    (5)  Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee 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.")
Interpretation: donations.
  
Clause 151
 
  
BY THE LORD BASSAM OF BRIGHTON
 
319C     Page 97, line 13, leave out ("Apart from the provisions mentioned in subsection (3),") and insert ("Subject to subsections (3) and (3A),") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
320     Page 97, line 16, leave out subsection (3) 
  
BY THE LORD BASSAM OF BRIGHTON
 
320A     Page 97, line 16, leave out ("provisions referred to in subsection (2) are") and insert ("following provisions come into force on the day on which this Act is passed") 
320B     Page 97, line 18, at end insert ("and paragraph 10(1) and (4) of Schedule 20,") 
320C     Page 97, line 19, after ("section") insert ("and Part II of Schedule (Transitional provisions)") 
320D     Page 97, line 21, at end insert--
 
    ("(3A)  The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed--
    (a)  section 32,
    (b)  Part I of Schedule (Transitional provisions), and
    (c)  any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.")
 
320E     Page 97, line 29, at end insert--
 
    ("(  )  The transitional provisions contained in Schedule (Transitional provisions) shall have effect.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
321     Page 97, line 32, after ("IX") insert ("(except section 133)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
321A     Page 97, line 32, after (" 11") insert ("and paragraphs 12 and 13 of Schedule (Transitional provisions)") 
  
Schedule 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
321B     Page 177, line 22, at end insert--
 
    ("(  )  In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute--
        (3)  A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if--
      (a)  the services or expenses are of a kind specified in regulations made by the Electoral Commission ("the Commission") with the consent of the Treasury; and
      (b)  the charges are reasonable.
        (4)  Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.
        (5)  In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied--
      (a)  that it was reasonable for the returning officer concerned to render the services or incur the expenses; and
      (b)  that the charges in question are reasonable.
        (6)  Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.
        (7)  The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.
        (8)  Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.
        (9)  On the returning officer's request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.
        (10)  The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer's charges.
        (11)  Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund."
    (  )  In section 47(1) (loan of equipment for local elections), for "the Secretary of State" substitute "the Electoral Commission".")
 
321C     Page 177, line 22, at end insert--
 
    ("(  )  In section 52 (discharge of registration duties), after subsection (1) insert--
        (1A)  Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify--
      (a)  the software which is to be used in connection with the maintenance of the registers in that form;
      (b)  the standards in accordance with which that software is to be maintained and updated;
      (c)  how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form."  ")
 
321D     Page 177, line 24, at end insert--
 
    ("(  )  In section 201 (regulations)--
    (a)  in subsection (1), omit the words from "and except" to "section 29(8)";
    (b)  in subsection (2), for "section 29(8)" substitute "section 110(7)";
    (c)  after subsection (2) insert--
        (2A)  Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."; and
    (d)  in subsection (3), after "the Secretary of State" insert ", or the Electoral Commission (in the case of any regulations made by them),".  ")
 
321E     Page 177, line 34, at end insert-- 
 ("Representation of the People Regulations 1986 (S.I. 1986/1081) and Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111) 
     .--(1) In regulation 99 of the Representation of the People Regulations 1986 and in regulation 97 of the Representation of the People (Scotland) Regulations 1986 (modification of provisions about expenses in the Act of 1983)--
    (a)  in paragraph (1), for "subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29" substitute "subsections (3), (4), (5), (6), (7), (9) and (10) of section 29"; and
    (b)  in paragraph (3), for "the Secretary of State" substitute "the Electoral Commission".
    (2)  The amendments made by sub-paragraph (1) shall not be taken to prejudice the power to make regulations varying or revoking the amended provisions.")
 
322     Page 179, line 30, at end insert--
 
("This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.")
 
322A     Page 180, line 23, leave out from beginning to ("at") in line 24 and insert ("--(1) Section 11 of that Act (revision of procedures in the light of pilot schemes) is amended as follows.
 
    (2)")
 
322B     Page 180, line 26, at end insert--
 
    ("(3)  In subsection (4), for the words from "the report" onwards substitute "every report under section 10 which relates to a scheme making provision similar to that made by the order."  ")
 
  
Schedule 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
322C     Page 180, line 45, column 3, at end insert-- 
  ("In section 73, subsection (4), and in subsection (6) the words from ", or pays" to "as mentioned above,".")  
322D     Page 180, line 45, column 3, at end insert-- 
  ("Section 75(1B) and (1C).") 
322E     Page 181, column 3, leave out lines 2 to 4 
322F     Page 181, line 4, column 3, at end insert-- 
  ("In section 81, subsection (4), in subsection (7) the words from "; and" onwards, and subsection (11).") 
322G     Page 181, line 12, column 3, at end insert-- 
  ("In section 138(1), the words from ", a copy of which" onwards.") 
322H     Page 181, line 15, column 3, leave out ("to (4)") 
322J     Page 181, leave out lines 18 to 20 
322K     Page 181, line 20, column 3, at end insert-- 
  ("In section 201(1), the words from "and except" to "section 29(8)".") 
322L     Page 181, column 3, leave out lines 10 and 11 
322M     Page 181, line 25, column 3, at end insert-- 
   (", and

(b) in the form of declarations, the words in paragraph 3 "in relation to my [the candidate's] personal expenses" and paragraph 4.")
 
322N     Page 181, line 26, column 3, leave out ("and (4)") and insert ("to (5)") 
322P     Page 181, line 26, column 3, at end insert-- 
   ("In Schedule 3, paragraphs 6 and 7.") 
322Q     Page 181, line 26, column 3, at end insert-- 
   ("In Schedule 4, paragraph 35.") 
322R     Page 181, line 29, column 3, at end insert-- 
   ("In Schedule 2, in paragraph 8, the words "for which there is a Boundary Commission".") 
322S     Page 181, line 32, at end insert-- 
 
(1991 c. 11.Representation of the People Act 1991. The whole Act.")
 
322T     Page 181, line 38, column 3, leave out from ("2(1)") to end of line 42 and insert ("to (3).") 
322U     Page 181, line 43, at end insert-- 
 
("1996 c. 55.Broadcasting Act 1996. In Schedule 10, paragraph 29, and in paragraph 30 "or 29".")
 
322V     Page 181, line 52, at end insert-- 
 
("1999 c. 29.Greater London Authority Act 1999. In Schedule 3, paragraphs 16, 19(4), 21, 24(5), 28, 31 and 35.
 
 
2000 c. 2.Representation of the People Act 2000. In Schedule 6, paragraph 4.")
 
  
After Schedule 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
322W     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONs 
 PART I 
 TRANSFER OF REGISTRATION OF EXISTING REGISTERED PARTIEs 
 Interpretation of Part I 
     1. In this Part of this Schedule-- 
 
    the 1998 Act" means the Registration of Political Parties Act 1998;
    the appointed day" means the appointed day for the purposes of Part II of this Act;
    the compliance period" means the period of six weeks beginning with the initial date;
    emblem", in relation to a party, means an emblem to be used by the party on ballot papers;
    the initial date" means the date falling 14 days after the day on which this Act is passed;
    the new registers" means the Great Britain register and the Northern Ireland register.
 
 Declaration for purposes of section 25 
     2.--(1) This paragraph applies to any party registered under the 1998 Act on the initial date.
 
    (2)  Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 25(1A).
 
    (3)  In connection with any such declaration, any reference in section 25(1A) or (1B) to a party's applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).
 
    (4)  Where the party sends the Commission a declaration falling within section 25(1A)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party--
    (a)  such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;
    (b)  a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and
    (c)  a notification as to whether the party wishes--
          (i)  any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,
          (ii)  any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).
    (5)  For the purposes of sub-paragraph (4)(b) any one of the following, namely "Northern Ireland", "Northern Irish", "Ulster", "Ireland" or "Irish" may be added to a party's existing registered name, at such point as the party may specify in its notification.
 
    (6)  For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.
 
    (7)  If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day--
    (a)  nothing in sub-paragraphs (2) to (6) or in paragraphs 3 to 5 shall have effect in relation to the party; and
    (b)  the party's registration under the 1998 Act shall terminate on the appointed day.
    (8)  References to a party of any description in paragraph 3(1), 4(1) or 5(1) accordingly do not include a party falling within sub-paragraph (7).
 
 Draft scheme for purposes of section 23 
     3.--(1) This paragraph applies to any party registered under the 1998 Act on the initial date.
 
    (2)  The party must within the compliance period send to the Commission--
    (a)  a copy of the party's constitution (within the meaning of section 23); and
    (b)  a draft of the scheme which the party proposes to adopt for the purposes of section 23 if approved by the Commission under that section;
and subsections (2) to (6) of that section shall apply in connection with any such scheme and its approval by the Commission.
 
    (3)  The party must also within the compliance period give a notification to the Commission under this sub-paragraph.
 
    (4)  A notification under sub-paragraph (3) must--
    (a)  give the name and home address of a person to be registered under Part II of this Act as the party's treasurer; and
    (b)  be signed by the person registered under the 1998 Act as leader or nominating officer of the party and by the proposed registered treasurer mentioned in paragraph (a).
    (5)  Where the party would on registration under Part II of this Act be a party with accounting units, a notification under sub-paragraph (3) must also give in relation to each accounting unit--
    (a)  the name of the accounting unit and of its treasurer, and
    (b)  the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.
    (6)  A notification under sub-paragraph (3) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.
 
    (7)  Where the party sends the Commission a declaration falling within section 25(1A)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to--
    (a)  the party to be registered in the Great Britain register, and
    (b)  the party to be registered in the Northern Ireland register.
 
 Registration under Part II of this Act as from appointed day 
     4.--(1) This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.
 
    (2)  The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect--
    (a)  the party's existing entry in the register maintained under the 1998 Act and the date when the party was first registered under that Act;
    (b)  the declaration sent to the Commission by the party in pursuance of paragraph 2(2);
    (c)  any information or notification sent to them in pursuance of paragraph 2(4); and
    (d)  the notification given to them in pursuance of paragraph 3(3).
    (3)  In connection with the registration in the Northern Ireland register (in accordance with sub-paragraph (2)) of any emblem shown in a notification by a party in pursuance of paragraph 2(4)(c)(ii)--
    (a)  section 26(2) shall apply (with any necessary modifications) as it applies in connection with the registration of any emblem in pursuance of a request under section 26, but
    (b)  for this purpose any emblem which on the initial date is registered under the 1998 Act in respect of any other party (except one falling within paragraph 2(7)) shall be treated as if it were already registered in the Northern Ireland register.
    (4)  As from the appointed day the draft scheme sent to the Commission in pursuance of paragraph 3(2) shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 23 until--
    (a)  such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or
    (b)  the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),
whichever is the earlier.
 
    (5)  If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)--
    (a)  the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and
    (b)  the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 23.
    (6)  Sections 27(1)(d) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.
 
 Failure to comply with paragraph 2 or 3 
     5.--(1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely--
    (a)  any declaration required under paragraph 2(2);
    (b)  any information or notification required under paragraph 2(4);
    (c)  any document required under paragraph 3(2);
    (d)  any notification required under paragraph 3(3).
    (2)  In this paragraph--
    (a)  the outstanding material" means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;
    (b)  the transitional period" means the period of three months beginning immediately after the end of the compliance period;
    (c)  the protected period" means the period beginning with the appointed day and ending--
          (i)  at the end of the transitional period, or
          (ii)  in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.
    (3)  During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party's registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).
 
    (4)  However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.
 
    (5)  During the protected period sections 25(2) and 26(2) shall have effect as if--
    (a)  the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and
    (b)  any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.
    (6)  In a case where sub-paragraph (4) applies--
    (a)  section 23(5) and (6) shall apply in connection with the approval of the party's draft scheme by the Commission; and
    (b)  paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.
 
 Exercise of functions by person appointed as Commission's chief executive 
     6. In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission's chief executive under paragraph 11(7) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed. 
 Termination of registration functions of registrar of companies 
     7.--(1) The registration functions of the registrar under the 1998 Act shall terminate on the initial date.
 
    (2)  Accordingly, as from that date, the registrar shall not--
    (a)  make any new entry in his register, or
    (b)  alter or remove any entry already contained in his register,
and no application or notice may be made or given to him under any provision of that Act.
 
    (3)  Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.
 
    (4)  Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party's registration under that Act shall not lapse at any such time by virtue of that section.
 
    (5)  The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act--
    (a)  is held by the registrar in connection with the registration of the party under that Act, but
    (b)  is not contained in the party's entry in his register,
the registrar shall provide the Commission with that information in order that it may be held by them, as from the appointed day, in connection with the registration of the party in one or other of the new registers.
 
    (6)  In this paragraph "the registrar" means the registrar of companies (within the meaning of Part II of this Act), and any reference to "his" register is a reference to the register maintained by the registrar under the 1998 Act.
 
 PART II 
 OTHER TRANSITIONAL PROVISIONs 
 Appointment of Electoral Commissioners 
     8. For the purposes of section 3(2)--
    (a)  any agreement to a proposed motion for an Address under section 3(1) which has been signified by the Speaker of the House of Commons before the day on which this Act is passed shall be as effective as if signified on or after that day; and
    (b)  any consultation with respect to such a motion which has been carried out before that day with such a person as is mentioned in section 3(2)(b) shall be as effective as if carried out on or after that day.
 
 Orders specifying organisations which are not to count as accounting units 
     9. The requirement in section 23(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed. 
 Orders prohibiting use of certain words in parties' registered names 
     10. The requirement in section 25(2)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed. 
 Confirmation of registered particulars 
     11.--(1) This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.
 
    (2)  The treasurer of the party shall deliver to the Commission a notification which--
    (a)  complies with the requirements of section 28(2) and (3) (as modified by sub-paragraphs (3) and (4)), and
    (b)  is accompanied by any fee prescribed by order made by the Secretary of State,
within the period beginning one month before and ending three months after the first anniversary of the appointed day.
 
    (3)  In the application of section 28(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.
 
    (4)  In the application of section 28(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.
 
    (5)  If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 43(1)(b).
 
    (6)  It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.
 
    (7)  Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 28(4)(b), as a notification given under section 28.
 
    (8)  In this paragraph "the appointed day" means the appointed day for the purposes of Part II of this Act.
 
 Control of political donations by companies 
     12.--(1) The provisions of Part XA of the Companies Act 1985 inserted by section 132(1) of this Act shall not apply to a company (within the meaning of that Act) in relation to any time falling before the relevant date for the company.
 
    (2)  For the purposes of this paragraph the relevant date for a company is--
    (a)  if an annual general meeting of the company is held within the first commencement year, the date of that meeting; and
    (b)  otherwise, the date immediately following the end of that year.
    (3)  In sub-paragraph (2) "the first commencement year" means the period of 12 months beginning with the date of the commencement of section 132(1).
 
 Disclosure of political donations and expenditure in directors' report 
     13. The provisions of Schedule 7 to the Companies Act 1985 substituted by section 133 of this Act shall, in the case of any company (within the meaning of that Act), apply only in relation to directors' reports for financial years beginning on or after the first anniversary of the date which is the relevant date for the company for the purposes of paragraph 12.")1998 c. 48.
1985 c. 6.
1985 c. 6.
  
In the Title
 
  
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
 
323     Line 4, leave out ("and referendum campaigns and the conduct of referendums;") and insert ("campaigns; to make provision about referendums;") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
324     Line 7, leave out ("reduce the qualifying periods set out in sections 1 and") and insert ("amend sections 1 to") 
  
BY THE LORD BASSAM OF BRIGHTON
 
325     Line 8, after ("1985;") insert ("to make pre-consolidation amendments relating to European Parliamentary elections;") 
 
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