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

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Clause 81
 
  
BY THE LORD BASSAM OF BRIGHTON
 
208YC     Page 52, line 3, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of a third party--
    (a)  either--
          (i)  property is transferred to the third 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 third 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 third party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the third party in respect of that use, they would be (or are) controlled expenditure incurred by or on behalf of the third party.
    (1A)  Where this section applies, an amount of controlled expenditure determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the third 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 section 82.
 
    (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 third 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 third 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).")
 
208YD     Page 52, line 30, leave out ("and") and insert ("or") 
208YE     Page 52, line 37, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of controlled expenditure is treated, by virtue of subsection (1A), as incurred by or on behalf of a third party during any period the whole or part of which falls within any period which is a regulated period (as defined by section 89(6)(a)), then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the third party during the regulated period, and
    (b)  if a return falls to be prepared under section 91 in respect of controlled expenditure incurred by or on behalf of the third party during that period, the responsible person shall make a declaration of that amount,
unless that amount is less than £200.
 
    (4A)  The amount mentioned in subsection (4) is such proportion of the appropriate amount (determined in accordance with subsection (1B) or (1C)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the regulated period.")
 
208YF     Page 52, line 45, at end insert--
 
    ("(  )  Paragraph 2(3) and (4)(a) of Schedule 10 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a third party.")
 
  
Clause 82
 
  
BY THE LORD BASSAM OF BRIGHTON
 
208YG     Page 53, line 5, leave out ("(otherwise than by the third party)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
209     Page 53, line 7, leave out sub-paragraph (i) 
  
BY THE LORD BASSAM OF BRIGHTON
 
209A     Page 53, line 10, leave out from ("of") to end of line 12 and insert ("expenses falls (in accordance with any enactment) to be included in a return as to election expenses in respect of a candidate or candidates at a particular election,") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
210     Page 53, line 15, leave out paragraph (a) 
  
Clause 83
 
  
BY THE LORD BASSAM OF BRIGHTON
 
210A     Page 53, line 34, leave out paragraphs (a) to (c) and insert ("the third party is--
    (a)  an individual resident in the United Kingdom or registered in an electoral register (as defined by section 49(8)),
    (b)  a registered party, or
    (c)  a body falling within any of paragraphs (b) and (d) to (f) of section 49(2).")
 
210B     Page 53, line 41, at end insert ("or (if he has no such address in the United Kingdom) his home address elsewhere") 
210C     Page 53, line 43, leave out from beginning to end of line 15 on page 54 and insert--
    ("(b)  if given by a registered party, state--
          (i)  the party's registered name,
          (ii)  the address of its registered headquarters, and
          (iii)  (in the case of a minor party) the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II,
 
 and be signed by the responsible officers of the party (within the meaning of section 59); and  
 
    (c)  if given by a body falling within any of paragraphs (b) and (d) to (f) of section 49(2), state--
          (i)  all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (8) of paragraph 2 of Schedule 5 to be given in respect of such a body as the donor of a recordable donation, and
          (ii)  the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
 
 and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.")  
210D     Page 54, line 18, leave out ("relevant notification date") and insert ("date on which it is received by the Commission") 
210E     Page 55, line 4, leave out subsection (9) 
  
Clause 85
 
  
BY THE LORD BASSAM OF BRIGHTON
 
210F     Page 55, line 28, at end insert--
 
    ("(  )  Where, in the case of a recognised third party that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 89 to 94 or Schedule 9 as controlled expenditure incurred by or on behalf of the recognised third party.")
 
  
Clause 87
 
  
BY THE LORD BASSAM OF BRIGHTON
 
210G     Page 56, line 9, after ("party") insert ("during any period which is a regulated period (as defined by section 89(6)(a))") 
210H     Page 56, leave out lines 14 and 15 and insert ("not later than 21 days after the end of the regulated period") 
210J     Page 56, line 16, leave out from ("paid") to end of line 17 and insert ("not later than 42 days after the end of the regulated period") 
210K     Page 56, line 32, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a recognised third party to obtain payment before the end of the period allowed under that subsection.")
 
210L     Page 56, line 38, at end insert ("; and
    (  )  any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the recognised third party.")
 
  
Clause 88
 
  
BY THE LORD BASSAM OF BRIGHTON
 
210M     Page 56, line 41, after ("party") insert ("as mentioned in section 87(1)") 
210N     Page 57, line 3, leave out ("section 87(1)") and insert ("that provision") 
210P     Page 57, line 12, leave out subsection (3) 
210Q     Page 57, line 16, leave out ("Subsections (4) to (7) of section 72") and insert ("For the purposes of this section--
    (a)  subsections (4) and (5) of section 87")
 
210R     Page 57, line 19, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
210S     Page 57, line 19, leave out (" 72(1)") and insert (" 87(1); and
    (b)  subsections (6) and (7) of section 72 shall apply as if any reference to subsection (4) of that section were a reference to section 87(4) as applied by paragraph (a) above.")
 
  
Clause 89
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
210T     Page 58, line 8, leave out ("£10,000") and insert ("£2,000") 
210U     Page 58, line 9, leave out ("£5,000") and insert ("£1,000") 
  
BY THE LORD BASSAM OF BRIGHTON
 
210V     Page 58, line 9, at end insert--
 
    ("(5A)  Where--
    (a)  at any time before the beginning of any regulated period any expenses within section 80(2) are incurred by or on behalf of a third 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 third party during the regulated period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 80(2) have constituted controlled expenditure incurred by or on behalf of the third party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 91 to 94 and Schedule 9 as controlled expenditure incurred by or on behalf of the third party during that period.
 
    (5B)  For the purposes of subsection (5A) 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).")
 
210W     Page 58, line 10, leave out ("Chapter") and insert ("this section, sections 91 to 94 and Schedule 9") 
  
Schedule 9
 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
211     Page 136, line 9, leave out ("£793,500") and insert ("£265,000") 
212     Page 136, line 10, leave out ("£108,000") and insert ("£35,000") 
213     Page 136, line 11, leave out ("£60,000") and insert ("£20,000") 
214     Page 136, line 12, leave out ("£27,000") and insert ("£9,000") 
  
BY THE LORD BASSAM OF BRIGHTON
 
214A     Page 138, line 28, after ("period") insert ("for the purposes of this paragraph") 
214B     Page 138, line 36, leave out ("(except in the context of a period mentioned in sub-paragraph (2))") 
214C     Page 139, line 16, after ("period") insert ("for the purposes of this sub-paragraph") 
214D     Page 142, leave out lines 4 to 10 
  
Clause 90
 
  
BY THE LORD BASSAM OF BRIGHTON
 
215     Page 58, line 25, leave out ("other than registered parties") and insert ("which either are not registered parties or are minor parties") 
 
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