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

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Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
232C     Page 64, line 17, at end insert ("; and
    (b)  if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II")
 
232D     Page 64, line 18, leave out (", company or unincorporated association") and insert ("or body") 
232E     Page 64, line 27, at end insert ("or (if he has no such address in the United Kingdom) his home address elsewhere") 
232F     Page 64, leave out lines 29 to 45 and insert--
    ("(b)  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.")  
232G     Page 65, line 12, at end insert ("; and
    (b)  any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).")
 
232H     Page 65, line 13, leave out subsection (7) and insert--
 
    ("(  )  In this section and sections 103 and 104 "outcome", in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.")
 
  
Clause 103
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
233     Page 66, line 2, leave out from ("applies,") to ("specify") in line 3 and insert ("the Commission shall") 
  
BY THE LORD BASSAM OF BRIGHTON
 
233A     Page 66, line 12, leave out subsection (5) 
  
Clause 104
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
234     Page 66, line 32, leave out subsection (5) and insert--
 
    ("(5)  In making any designation of a permitted participant under section 103(2) or (4) the Commission shall have regard to--
    (a)  the separate levels of support for each of the permitted participants which have given notice under section 101(1) or (3) that they propose to campaign for the same outcome,
    (b)  evidence submitted to it by any permitted participants relating to their principal reasons for campaigning for that outcome.
    (5A)  Where the Commission is satisfied that more than one permitted participant has demonstrated--
    (a)  substantial support,
    (b)  a distinct principal reason for campaigning for the same outcome, and
    (c)  that it would be unreasonable to refuse designation under section 103(1),
they may designate two or more permitted participants for assistance under section 105, and they shall apportion such assistance between the designated permitted participants as they think fit.")
 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234A     Page 146, line 19, leave out ("Post Office regulations") and insert ("such reasonable terms and conditions as the universal service provider concerned may specify") 
234B     Page 146, line 20, leave out ("charge for postage") and insert ("any charge for postage which would otherwise be made by a universal service provider") 
234C     Page 146, line 23, leave out ("regulations") and insert ("terms and conditions") 
234D     Page 146, line 27, leave out ("those regulations") and insert ("any such terms and conditions") 
234E     Page 146, line 28, after first ("of") insert ("any such") 
234F     Page 146, line 31, leave out ("72 of the Post Office Act 1969 (remuneration of Post Office for") and insert ("200A of the Representation of the People Act 1983 (remuneration of universal service provider for free postal") 
234G     Page 146, line 33, leave out ("the Post Office") and insert ("a universal service provider") 
234H     Page 146, line 34, leave out ("the Post Office in pursuance of the Representation of the People Act 1983") and insert ("such a provider in pursuance of that Act") 
234J     Page 146, line 37, at end insert-- 
 
    (""universal service provider" has the same meaning as in the Postal Services Act 2000.")
2000 c. 26.
234K     Page 146, line 37, at end insert-- 
     ("(  )  If this paragraph comes into force at a time when the amendments made to section 91 of the Representation of the People Act 1983 by the Postal Services Act 2000 have not come into force, then until such time as those amendments come into force, this paragraph shall have effect subject to such modifications as may be specified in the order under section 151 of this Act which brings this paragraph into force.")2000 c. 26.
234L     Page 148, line 13, at end insert ("for the purposes of this sub-paragraph") 
  
Clause 106
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234M     Page 67, line 25, leave out ("either") 
234N     Page 67, line 27, leave out from ("purposes") to end of line 30 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 106 stand part of the Bill. 
  
Schedule 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234P     Page 149, line 16, leave out ("120(1)") and insert ("120") 
234Q     Page 149, line 24, leave out sub-paragraphs (7) to (10) 
234R     Page 149, line 35, leave out sub-paragraph (11) and insert--
 
    ("(11)  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum 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 campaign is being conducted.")
 
234S     Page 149, line 42, leave out ("attract national publicity") and insert ("obtain publicity in connection with a referendum campaign") 
234T     Page 149, line 45, leave out ("prominent") 
234U     Page 149, line 45, after ("events") insert (", the hire of premises for the purposes of such events") 
234V     Page 149, line 47, leave out sub-paragraphs (13) and (14) 
234W     Page 150, line 8, leave out ("permanent staff") and insert ("staff (whether permanent or otherwise)") 
234X     Page 150, line 9, leave out ("reasonable") 
234Y     Page 150, line 11, at end insert ("to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him") 
234YA     Page 150, line 12, leave out from beginning to end of line 12 on page 151 
234YB     Page 151, leave out lines 18 to 23 and insert ("as to the kinds of expenses which do, or do not, fall within Part I of this Schedule") 
234YC     Page 152, line 11, leave out ("or II") 
  
Clause 107
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YD     Page 67, line 41, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of any individual or body--
    (a)  either--
          (i)  property is transferred to the individual or body 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 individual or body 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 individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.
    (1A)  Where this section applies, an amount of referendum expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the individual or body 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 individual or body 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 individual or body 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).")
 
234YE     Page 68, line 26, leave out ("and") and insert ("or") 
234YF     Page 68, line 33, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of referendum expenses is treated, by virtue of subsection (1A), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the period which is, in relation to the referendum to which the expenses relate, the referendum period then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the individual or body during the referendum period, and
    (b)  if a return falls to be prepared under section 115 in respect of referendum expenses incurred by or on behalf of the individual or body 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 referendum period.")
 
234YG     Page 69, line 2, at end insert--
 
    ("(  )  Paragraph 2(3) and (4)(a) of Schedule 14 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to an individual or body.")
 
  
Clause 108
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YH     Page 69, line 10, at end insert--
 
    ("(  )  Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 112 to 118 or Schedule 13 as referendum expenses incurred by or on behalf of the permitted participant.")
 
  
Clause 109
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
234YHA*         Page 69, line 15, at end insert--
 
    ("(  )  No donation received by a registered party which is a permitted participant from a permissible donor of the type specified in section 49(2)(c) shall be used to make any payment in respect of referendum expenses.")
 
  
Clause 110
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YJ     Page 69, line 31, after ("participant") insert ("during a referendum period") 
234YK     Page 69, leave out lines 35 and 36 and insert ("not later than 21 days after the end of the referendum period") 
234YL     Page 69, line 37, leave out from ("paid") to end of line 38 and insert ("not later than 42 days after the end of the referendum period") 
234YM     Page 70, line 11, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that subsection.")
 
234YN     Page 70, line 17, 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 permitted participant.")
 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
234YP     Page 70, line 20, after ("participant") insert ("as mentioned in section 110(1)") 
234YQ     Page 70, line 24, leave out ("section 110(1)") and insert ("that provision") 
234YR     Page 70, line 33, leave out subsection (3) 
234YS     Page 70, line 37, leave out ("Subsections (4) to (7) of section 72") and insert ("For the purposes of this section--
    (a)  subsections (4) and (5) of section 110")
 
234YT     Page 70, line 40, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
234YU     Page 70, line 40, leave out (" 72(1)") and insert (" 110(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 110(4) as applied by paragraph (a) above.")
 
  
Clause 112
 
  
BY THE LORD LAMONT OF LERWICK
 
234YV     Page 70, line 42, at beginning insert ("Subject to subsection (1A),") 
234YW     Page 70, line 45, at end insert--
 
    ("(1A)  In a referendum to which this Part applies, no expense may be incurred by or on behalf of any institution of the European Union during the referendum period.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
235     Page 71, line 16, leave out subsection (4) 
  
BY THE LORD BASSAM OF BRIGHTON
 
235A     Page 71, line 17, at end insert--
 
    ("(5)  Where--
    (a)  at any time before the beginning of any referendum period, any expenses within section 106(2)(a) are incurred by or on behalf of an individual or body 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 individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 106(2)(a) have constituted referendum expenses incurred by or on behalf of the individual or body during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section as referendum expenses incurred by or on behalf of the individual or body during that period.
 
    (6)  For the purposes of subsection (5) 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).")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill. 
 
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