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

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Clause 67
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
191     Page 42, line 19, leave out subsection (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
191A     Page 42, line 21, leave out ("either") 
191B     Page 42, line 23, leave out from ("purposes") to end of line 26 
191C     Page 42, line 29, leave out subsections (4) and (5) and insert--
 
    ("(4)  For election purposes", in relation to a registered party, means for the purpose of or in connection with--
    (a)  promoting or procuring electoral success for the party at any relevant election, that is to say, the return at any such election of candidates--
          (i)  standing in the name of the party, or
          (ii)  included in a list of candidates submitted by the party in connection with the election; or
    (b)  otherwise enhancing the standing--
          (i)  of the party, or
          (ii)  of any such candidates,
 
 with the electorate in connection with future relevant elections (whether imminent or otherwise).  
     (5)  For the purposes of subsection (4)--
    (a)  the reference to doing any of the things mentioned in paragraph (a) or (as the case may be) paragraph (b) of that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates;
    (b)  a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate; and
    (c)  it is immaterial that any candidates standing in the name of the party also stand in the name of one or more other registered parties.")
 
191D     Page 43, leave out lines 7 to 12 and insert ("included in a return as to election expenses in respect of a candidate or candidates at a particular election.") 
191E     Page 43, line 13, leave out subsection (8) 
191F     Page 43, line 19, leave out subsection (9) and insert--
 
    ("(9)  Where a registered party is a party with accounting units--
    (a)  expenses incurred or to be incurred by or on behalf of any accounting unit of the party shall be regarded as expenses incurred or to be incurred by or on behalf of the party, and
    (b)  references to campaign expenditure incurred or to be incurred by or on behalf of a registered party accordingly extend, in relation to the party, to expenses which constitute such expenditure by virtue of paragraph (a).")
 
191G     Page 43, line 21, at end insert--
 
    ("(  )  In this section "candidates" includes future candidates, whether identifiable or not.")
 
192     Page 43, line 21, at end insert--
 
    ("(  )  Nothing in this Part applies in relation to expenses incurred or to be incurred by or on behalf of a minor party.")
 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192A     Page 123, leave out lines 32 to 42 
192B     Page 123, line 43, leave out from beginning to end of line 3 on page 124 and insert--
 
    ("(11)  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with an election campaign.
 
    Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the election campaign is being conducted.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
192C     Page 123, line 44, leave out ("or other") 
193     Page 123, line 44, leave out from ("basis") to end of line 45 
  
BY THE LORD BASSAM OF BRIGHTON
 
193A     Page 124, line 5, leave out ("attract national publicity") and insert ("obtain publicity in connection with an election campaign") 
193B     Page 124, line 8, leave out ("prominent") 
193C     Page 124, line 8, after ("events") insert (", the hire of premises for the purposes of such events") 
193D     Page 124, line 10, leave out sub-paragraphs (13) and (14) 
193E     Page 124, line 27, leave out ("permanent staff") and insert ("staff (whether permanent or otherwise)") 
193F     Page 124, line 28, leave out ("reasonable") 
193G     Page 124, line 30, at end insert ("to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
194     Page 124, line 30, at end insert ("; or
    (f)  any legal or other professional expenses incurred in respect of, or in connection with, any requirements in this Act")
 
195     Page 124, line 30, at end insert ("; or
    (f)  any expenses incurred in preparing, advising or defending any claim, prosecution or other legal process brought in a court or tribunal")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
195A     Page 124, line 31, leave out from beginning to end of line 28 on page 125 
195B     Page 125, leave out lines 34 to 39 and insert ("as to the kinds of expenses which do, or do not, fall within Part I of this Schedule") 
195C     Page 126, line 27, leave out ("or II") 
  
Clause 68
 
  
BY THE LORD BASSAM OF BRIGHTON
 
195D     Page 43, line 22, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of a registered party--
    (a)  either--
          (i)  property is transferred to the party free of charge or at a discount of more than 10 per cent. of its market value, or
          (ii)  property, services or facilities is or are provided for the use or benefit of the party free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the services or facilities, and
    (b)  the property, services or facilities is or are made use of by or on behalf of the party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the party in respect of that use, they would be (or are) campaign expenditure incurred by or on behalf of the party.
    (1A)  Where this section applies, an amount of campaign expenditure determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the party during the period for which the property, services or facilities is or are made use of as mentioned in subsection (1)(b).
 
    This subsection has effect subject to subsection (6).
 
    (1B)  Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either--
    (a)  the market value of the property (where the property is transferred free of charge), or
    (b)  the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the party in respect of the property (where the property is transferred at a discount),
as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
 
    (1C)  Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either--
    (a)  the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or
    (b)  the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the party in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
196     Page 43, line 23, after ("provided") insert ("by a permissible donor specifically") 
197     Page 43, line 24, after ("party") insert ("for the purposes of the relevant election and not the party's on-going use") 
  
BY THE LORD BASSAM OF BRIGHTON
 
197A     Page 44, line 2, leave out ("and") and insert ("or") 
197B     Page 44, line 9, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of campaign expenditure is treated, by virtue of subsection (1A), as incurred by or on behalf of a party during any period the whole or part of which falls within any period which is, in relation to the party, a relevant campaign period for the purposes of section 75, then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the party during the relevant campaign period, and
    (b)  the treasurer or a deputy treasurer appointed under section 69 shall make a declaration of that amount,
unless that amount is less than £200.
 
    (4A)  The amount mentioned in subsection (4) is such proportion of the appropriate amount (determined in accordance with subsection (1B) or (1C)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the relevant campaign period.")
 
197C     Page 44, line 25, leave out subsection (7) and insert--
 
    ("(7)  In subsections (1), (1B), (1C) and (3) any reference to anything done by or in relation to a registered party includes a reference to anything done by or in relation to any accounting unit of the party; and section 46(4) and (6)(a) shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a registered party or to any such unit.")
 
  
Clause 69
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
197D     Page 44, line 29, leave out ("treasurers") and insert ("nominating officers") 
197E     Page 44, line 32, leave out ("treasurer") and insert ("nominating officer") 
197F     Page 44, line 39, leave out ("treasurer") and insert ("nominating officer") 
197G     Page 44, line 45, leave out ("treasurer") and insert ("nominating officer") 
  
BY THE LORD BASSAM OF BRIGHTON
 
198     Page 44, line 46, at end insert--
 
    ("(  )  Where a deputy treasurer of a registered party is convicted of an offence falling within subsection (3), his appointment as deputy treasurer shall terminate on the date of the conviction.")
 
199     Page 45, line 1, leave out subsection (5) and insert--
 
    ("(5)  If, where the appointment of any deputy treasurer of a registered party has been notified to the Commission under subsection (1)--
    (a)  the deputy treasurer dies or his appointment terminates for any other reason, or
    (b)  any change occurs in the address of his office,
the treasurer of the party must notify the Commission of that fact within the appropriate period.
 
    (5A)  In subsection (5) "the appropriate period" means--
    (a)  the period of 14 days beginning with the date of the deputy treasurer's death or the termination of his appointment, or
    (b)  the period of 28 days beginning with the date when the change of address occurs,
as the case may be.")
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
199A     Page 45, line 3, leave out ("treasurers") and insert ("nominating officers") 
199B     Page 45, line 5, leave out ("treasurer") and insert ("nominating officer") 
199C     Page 45, line 7, leave out ("treasurer") and insert ("nominating officer") 
199D     Page 45, line 8, leave out ("treasurer") and insert ("nominating officer") 
  
BY THE LORD BASSAM OF BRIGHTON
 
200     Page 45, line 10, leave out ("register of political parties") and insert ("Great Britain or Northern Ireland register") 
201     Page 45, line 10, at end insert--
 
    ("(  )  Where the Commission receive a notification under subsection (5), they shall cause any change required as a consequence of the notification to be made in any such entry as soon as is reasonably practicable.")
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
201A     Page 45, line 14, leave out ("treasurer") and insert ("nominating officer") 
  
Clause 70
 
  
BY THE LORD BASSAM OF BRIGHTON
 
201B     Page 45, line 24, at end insert--
 
    ("(  )  Where any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 74 to 78 or Schedule 8 as campaign expenditure incurred by or on behalf of the party.")
 
  
Clause 71
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
201C     Page 45, line 33, leave out ("£100") and insert ("£500") 
  
Clause 72
 
  
BY THE LORD BASSAM OF BRIGHTON
 
201D     Page 46, line 3, after ("party") insert ("during any period which is, in relation to the party, a relevant campaign period (within the meaning of section 75)") 
201E     Page 46, leave out lines 8 and 9 and insert ("not later than 21 days after the end of the relevant campaign period.") 
201F     Page 46, line 10, leave out from ("paid") to end of line 11 and insert ("not later than 42 days after the end of the relevant campaign period") 
201G     Page 46, line 26, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a registered party to obtain payment before the end of the period allowed under that subsection.")
 
  
Clause 73
 
  
BY THE LORD BASSAM OF BRIGHTON
 
201H     Page 47, line 12, after ("party") insert ("as mentioned in section 72(1)") 
201J     Page 47, line 16, leave out ("section 72(1)") and insert ("that provision") 
201K     Page 47, line 25, leave out subsection (3) 
201L     Page 47, line 32, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
201M     Page 47, line 34, leave out subsection (1) 
201N     Page 47, line 40, leave out (", in connection with such elections,") 
201P     Page 48, line 1, leave out subsection (3) 
201Q     Page 48, line 8, leave out ("any limit imposed by Schedule 8") and insert ("that limit") 
201R     Page 48, line 11, leave out ("any campaign") and insert ("the") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
202     Page 48, line 15, leave out paragraph (b) 
  
BY THE LORD BASSAM OF BRIGHTON
 
202A     Page 48, line 23, at end insert--
 
    ("(6)  Where--
    (a)  at any time before the beginning of any relevant campaign period (within the meaning of section 75), any expenses within section 67(2)(a) are incurred by or on behalf of a registered party in respect of any property, services or facilities, but
    (b)  the property, services or facilities is or are made use of by or on behalf of the party during the relevant campaign period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 67(2)(a) have constituted campaign expenditure incurred by or on behalf of the party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 75 to 78 and Schedule 8 as campaign expenditure incurred by or on behalf of the party during that period.
 
    (7)  For the purposes of subsection (6) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).")
 
 
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