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

back to previous amendments
 
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
235B     Page 71, line 27, leave out first ("treasurer") and insert ("responsible person") 
235C     Page 71, line 28, leave out ("any") and insert ("the") 
235D     Page 71, line 37, leave out ("company") and insert ("body") 
235E     Page 71, line 39, leave out ("any") and insert ("the") 
235F     Page 71, line 40, leave out ("company") and insert ("body") 
235G     Page 71, line 42, leave out ("company") and insert ("body") 
235H     Page 71, line 43, leave out from beginning to end of line 3 on page 72 
235J     Page 72, line 11, at end insert--
 
    ("(  )  Section 112(5) and (6) shall apply, for the purposes of this section, sections 115 to 118 and Schedule 13, in relation to an individual or body that has become a permitted participant as they apply for the purposes of section 112 in relation to an individual or body that is not a permitted participant.
 
    (  )  For the purposes of this section and sections 115 to 118 and Schedule 13, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 113 stand part of the Bill. 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
235K     Page 152, line 18, leave out paragraph 1 
  
BY THE LORD LAMONT OF LERWICK
 
235L     Page 152, line 24, leave out sub-paragraphs (2) to (5) and insert--
 
    ("(2)  The limit on the aggregate expenditure incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in any referendum to which Part VII applies shall be £12 million.
 
    (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
235M     Page 152, line 24, leave out sub-paragraphs (2) to (5) and insert--
 
    ("(2)  The Electoral Commission shall, in advance of any referendum to which Part VII applies, set a limit on the aggregate expenditure to be incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in that referendum.
 
    (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
236     Page 152, line 26, leave out ("£5 million") and insert ("£3 million") 
237     Page 152, leave out lines 29 to 36 and insert--
      ("(i)  £3 million, if the party's relevant percentage exceeds 5 per cent.,")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
237A     Page 152, line 39, leave out ("for an individual, company or unincorporated association") and insert ("in the case of a person or body") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
238     Page 152, line 40, at end insert--
 
    ("(  )  The combined expenditure of all persons, bodies and registered parties, including any third parties, campaigning for a particular outcome must not exceed £5 million.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD LAMONT OF LERWICK
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 13 be the thirteenth Schedule to the Bill. 
  
Clause 114
 
  
BY THE LORD BASSAM OF BRIGHTON
 
238A     Page 72, line 14, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
238B     Page 153, line 33, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
238C     Page 153, line 36, at end insert ("other than a minor party") 
238D     Page 153, line 38, leave out from ("donation") to end of line 39 and insert ("to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.") 
238E     Page 153, line 40, after ("2") insert (", 2A") 
239     Page 153, line 40, at end insert--
 
    ("(  )  In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor falling within section 49(2) do not include a registered party.
 
    In this sub-paragraph "designated organisation" has the meaning given by section 105(5).")
 
239A     Page 153, line 44, at end insert--
    ("(aa)  any sponsorship provided in relation to the permitted participant (as defined by paragraph 2A);")
 
239B     Page 154, line 1, leave out from ("by") to ("expenses") in line 2 and insert ("or on behalf of the permitted participant) in paying any referendum") 
239C     Page 154, line 3, leave out ("directly or indirectly by") and insert ("by or on behalf of") 
239D     Page 154, leave out line 9 
239E     Page 154, line 13, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and
    (b)  the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to sub-paragraph (2B)) constitute a gift to the permitted participant for the purposes of sub-paragraph (1)(a).
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c), whether any money lent to a permitted participant is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d), whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities.
 
    (2B)  Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(aa) and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A) shall apply in relation to it to the exclusion of the other provision of this paragraph.")
 
239F     Page 154, line 17, after ("member") insert (", trustee") 
239G     Page 154, line 26, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a permitted participant if--
    (a)  any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and
    (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
          (i)  to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the permitted participant,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or
    (c)  any study or research organised by or on behalf of the permitted participant.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--
    (a)  the making of any payment in respect of--
          (i)  any charge for admission to any conference, meeting or other event, or
          (ii)  the purchase price of, or any other charge for access to, any publication;
    (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
 
    (5)  In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
 
239H     Page 154, line 42, after ("2(1)(a)") insert ("(other than money)") 
239J     Page 154, line 47, at beginning insert ("the total value in monetary terms of") 
239K     Page 154, line 47, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 2A(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
239L     Page 154, line 50, leave out from beginning to end of line 3 on page 155 and insert--
    ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities if--
          (i)  the loan had been made, or
          (ii)  the property, services or facilities had been provided,
 
 on commercial terms, and 
 
    (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant")
 
239M     Page 155, line 4, leave out sub-paragraph (4) 
239N     Page 155, line 7, leave out ("or (4)") 
  
BY THE LORD LAMONT OF LERWICK
 
239P     Page 155, line 22, at end insert (", or
    (c)  the donation would be made by or on behalf of any institution of the European Union")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
240     Page 155, line 43, leave out ("not less") and insert ("more") 
241     Page 156, line 7, leave out ("not less") and insert ("more") 
242     Page 157, line 6, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
242A     Page 157, line 8, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Clause 115
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242B     Page 72, line 21, leave out ("officer") and insert ("person") 
242C     Page 72, line 34, leave out ("except where the permitted participant is a registered party,") and insert ("in a case where the permitted participant either is not a registered party or is a minor party,") 
242D     Page 72, line 43, leave out ("subsection (3) of that section") and insert ("section 107(4)") 
242E     Page 72, line 43, at end insert--
 
    ("(  )  Subsections (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.")
 
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242F     Page 74, line 6, leave out from ("him") to end of line 9 
242G     Page 74, line 10, leave out ("the case of a permitted participant other than a registered party,") and insert ("a case where the permitted participant either is not a registered party or is a minor party,") 
  
Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242H     Page 75, line 3, leave out from ("to") to ("which") in line 4 and insert ("any material") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
242J     Page 75, line 7, leave out paragraph (b) 
  
BY THE LORD BASSAM OF BRIGHTON
 
242K     Page 75, line 13, leave out (", displayed or distributed") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
242L     Page 75, line 13, leave out ("relevant") and insert ("referendum") 
  
BY THE LORD LAMONT OF LERWICK
 
242M     Page 75, line 18, at end insert (", or
    (c)  any institution of the European Union")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
242N     Page 75, line 25, leave out ("display or distribution") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
243     Page 75, line 27, leave out paragraph (d) 
  
BY THE LORD BASSAM OF BRIGHTON
 
243A     Page 75, line 31, leave out from ("means") to end of line 34 and insert ("make available to the public at large, or any section of the public, in whatever form and by whatever means (and "publication" shall be construed accordingly);") 
 
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