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

back to previous amendments
 
  
After Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
243B     Insert the following new Clause-- 
     ("  .--(1)  No material wholly or mainly relating to a referendum to which this Part applies shall be published during the referendum period unless--
    (a)  in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
    (b)  in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
    (2)  For the purposes of subsections (3) to (5) the following details are "the relevant details" in the case of any material falling within subsection (1)(a), namely--
    (a)  the name and address of the printer of the document;
    (b)  the name and address of the promoter of the material; and
    (c)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (3)  Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
 
    (4)  Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
 
    (5)  Where the material is an advertisement contained in a newspaper or periodical--
    (a)  the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
    (b)  the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
    (6)  The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely--
    (a)  the name and address of the promoter of the material; and
    (b)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (7)  Regulations under subsection (6) may in particular specify--
    (a)  the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
    (b)  circumstances in which--
          (i)  any such requirement does not have to be complied with by a person of any description specified in the regulations, or
          (ii)  a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
    (c)  circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
    (8)  Where during the referendum period any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))--
    (a)  the promoter of the material,
    (b)  any other person by whom the material is so published, and
    (c)  the printer of the document,
shall be guilty of an offence.
 
    (9)  Where during the referendum period any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))--
    (a)  the promoter of the material, and
    (b)  any other person by whom the material is so published,
shall be guilty of an offence.
 
    (10)  It shall be a defence for a person charged with an offence under this section to prove--
    (a)  that the contravention of subsection (1) arose from circumstances beyond his control; and
    (b)  that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
    (11)  In this section--
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any material falling within subsection (1), means the person causing the material to be published;
    publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means.")
Details to appear on referendum material.
  
Clause 121
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 121 stand part of the Bill. 
  
After Clause 123
 
  
BY THE LORD NORTON OF LOUTH
 
244     Insert the following new Clause-- 
     ("  .--(1)  For the result of a referendum to be declared valid there shall be a simple majority voting in favour of a proposition on the ballot paper and that simple majority shall represent no less than 40 per cent. of those eligible to vote.
 
    (2)  The Chief Counting Officer shall certify whether the conditions set out in subsection (1) have been met.
 
    (3)  The certification of the Chief Counting Officer under subsection (2) shall be deemed to be conclusive.")
Threshold to
be met.
  
Clause 124
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
245     Page 77, line 37, leave out paragraph (a) 
246     Page 77, leave out lines 38 to 41 
  
Clause 125
 
  
BY THE LORD BASSAM OF BRIGHTON
 
246A     Page 78, leave out lines 10 and 11 and insert-- 
 ("Control of donations to candidates.     71A.--(1)  In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)--
    (a)  by any person other than the candidate or his election agent, and
    (b)  for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
 
    (2)  Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
 
    (3)  A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.
 
    (4)  Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.
 
    (5)  In this section and that Schedule "property" includes any description of property, and references to the provision of property accordingly include the supply of goods."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
247     Page 78, line 14, leave out subsection (4) 
 
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