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

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Clause 127
 
  
BY THE LORD BASSAM OF BRIGHTON
 
252B     Page 79, line 40, leave out ("expenses which") and insert ("facilities in respect of which expenses") 
252C     Page 80, line 4, at end insert--
        ("(4A)  For the purposes of this Part of this Act--
      (a)  election expenses are incurred by or on behalf of a candidate at an election if they are incurred--
            (i)  by the candidate or his election agent, or
            (ii)  by any person authorised by the candidate or his election agent to incur the expenses; and
      (b)  any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of subsection (1) and (2) above fall to be regarded as election expenses.")
 
252D     Page 80, line 5, after ("reference") insert ("(in whatever terms)") 
252E     Page 80, line 24, leave out from beginning to end of line 9 on page 81 and insert-- 
 <~et>("Property, goods, services etc. provided free of charge or at a discount.     90C.--(1)  This section applies where, in the case of a candidate at an election-- 
  
    (a)  either--
 
 (i)  property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or  
  
          (ii)  property, goods, services or facilities is or are provided for the use or benefit of the candidate 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 goods, services or facilities, and
    (b)  the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
    (1A)  Where this section applies--
    (a)  an amount of election expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
    (b)  the candidate's election agent shall make a declaration of that amount,
unless that amount is less than £50.
 
    This subsection has effect subject to section 90A(3) above.
 
    (1B)  Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either--
    (a)  the market value of the property or goods (where the property or goods is or are transferred free of charge), or
    (b)  the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.
 
    (1C)  Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either--
    (a)  the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, 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 candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
253     Page 80, line 40, leave out ("£50") and insert ("£100") 
  
BY THE LORD BASSAM OF BRIGHTON
 
253A     Page 81, line 11, after ("use") insert ("or benefit") 
253B     Page 81, leave out lines 19 to 26 
253C     Page 81, line 28, after ("property") insert ("or goods") 
253D     Page 81, line 29, after ("property") insert ("or goods") 
253E     Page 81, line 30, at end insert ("; and paragraph 2(3)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent."") 
253F     Page 81, line 30, at end insert-- 
 ("Modification of sections 90A to 90C in relation to election of London members of the London Assembly.     90D.--(1)  Sections 90A to 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.
 
    (2)  In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election--
    (a)  references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and
    (b)  for the purposes of the candidate's election" shall (instead of having the meaning given by section 90A(4) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.
    (3)  Section 90A above shall have effect with the substitution of the following subsection for subsection (5)--
 
    (5)  In this Part, and in Part III of this Act, any reference (in whatever form) to promoting or procuring a candidate's election at an election, or to promoting or procuring electoral success for a party, includes doing so by prejudicing the electoral prospects of other candidates or parties at the election."."  ")
 
  
Clause 128
 
  
BY THE LORD BASSAM OF BRIGHTON
 
253G     Page 81, leave out lines 36 to 47 and insert--
      ("""candidate" shall be construed in accordance with section 118A below;".
        (  )  After section 118 of that Act there shall be inserted--
 
 Meaning of candidate.     118A.--(1)  References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).
        (2)  A person becomes a candidate at a parliamentary election--
      (a)  on the date of--
            (i)  the dissolution of Parliament, or
            (ii)  in the case of a by-election, the occurrence of the vacancy,
 
 in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and  
  
      (b)  otherwise, on the day on which he is so declared by himself or others or on which he is nominated as a candidate at the election (whichever is the earlier).
        (3)  A person becomes a candidate at an election under the local government Act--
      (a)  on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and
      (b)  otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),
    or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
254     Page 81, line 38, leave out from ("election") to end of line 42 
255     Page 81, line 45, leave out from ("election") to end of line 47 
256     Page 82, line 1, leave out subsection (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
256A     Page 82, line 1, leave out ("amendment made by this section does") and insert ("amendments made by this section do") 
  
Clause 129
 
  
BY THE LORD BASSAM OF BRIGHTON
 
256B     Page 83, line 42, at end insert-- 
 ("Incapacity to hold public or judicial office in Scotland.     173A.--(1) Subject to section 174 below, a person convicted of a corrupt practice--
    (a)  shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
      (b)  if already holding such an office, shall vacate it as from that date.
        (2)  Subsection (1) above applies in addition to--
      (a)  any incapacity or other requirement applying to the person by virtue of section 173 above, and
      (b)  any punishment imposed on him under section 168 above."")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
257     Page 83, line 43, leave out subsection (2) 
  
Clause 130
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
258     Page 84, line 4, leave out subsection (2) 
  
Schedule 16
 
  
BY THE LORD BASSAM OF BRIGHTON
 
258A     Page 162, line 9, at end insert--
        ("  .--(1) For section 137 there shall be substituted--
 
 Petition at issue.     137.--(1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.
        (2)  In this section "the relevant time" means--
      (a)  where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
      (b)  in any other case, the time when--
            (i)  the time prescribed for the making of objections under section 136(4) above expires, or
            (ii)  if such an objection is made, that objection is disallowed or removed,
 
 whichever happens later."  
 
        (2)  The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.
        . In section 138(1) (list of petitions) the words from ", a copy of which" onwards shall be omitted.")
 
258B     Page 162, line 10, at end insert--
        ("(2)  The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland.")
 
258C     Page 162, line 14, leave out paragraph 5 and insert--
        ("  . In section 159 (candidate reported guilty of corrupt or illegal practice)--
      (a)  subsection (2) shall be omitted, and
      (b)  for subsection (3) there shall be substituted--
        (3)  A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland--
      (a)  for ten years, if reported personally guilty of a corrupt practice,
      (b)  for three years, if reported guilty by his agents of a corrupt practice, or
      (c)  during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
    and if at the date of the report he holds any such office, then the office shall be vacated as from that date."  ")
 
258D     Page 162, line 29, at end insert ("as from the date of the report") 
258E     Page 162, line 35, at end insert--
        ("(5A)  Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice--
      (a)  shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and
      (b)  if already holding such an office, shall vacate it as from that date."")
 
258F     Page 162, line 38, at end insert ("or to any public office in Scotland"") 
258G     Page 162, leave out line 44 and insert--
    ("(b)  in the definition of "public office" for " "public office" means any office--" substitute " "public office" in relation to Scotland means any office held in Scotland--".")
 
  
Clause 131
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
259     Page 84, line 11, leave out subsection (2) 
 
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