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

back to previous amendments
 
  
Clause 133
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
268     Page 84, line 30, leave out ("Great Britain)") and insert ("the United Kingdom)") 
269     Page 84, line 32, leave out from ("made") to end of line 37 and insert ("qualifying cash donations or qualifying non-cash donations") 
270     Page 85, line 16, leave out ("Great Britain") and insert ("the United Kingdom") 
271     Page 85, line 21, leave out ("exceeds £200") and insert ("is a qualifying cash donation or a qualifying non-cash donation") 
272     Page 85, line 28, leave out ("Great Britain)") and insert ("the United Kingdom)") 
273     Page 85, line 33, at end insert ("to all non-EU political parties in the aggregate") 
274     Page 85, line 39, leave out ("Great Britain") and insert ("the United Kingdom") 
275     Page 85, line 45, leave out (", in relation to an organisation,") 
276     Page 85, line 47, leave out ("the organisation") and insert ("a non-EU political party") 
277     Page 86, leave out lines 9 to 36 
278     Page 86, line 12, leave out ("Great Britain)") and insert ("the United Kingdom)") 
279     Page 86, line 23, leave out ("Great Britain") and insert ("the United Kingdom") 
  
After Clause 133
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
280     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "qualifying cash donation" means one or more donations by a company or any of its subsidiaries representing a gift or gifts of money to or for the benefit of, or a subscription or other fee paid for membership of, or affiliation to, an EU political party, if the aggregate of all such donations made by the company and any of its subsidiaries in the financial year of the company exceeds £5,000 (or such higher sum which the Secretary of State may by order from time to time prescribe).
 
    (2)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "non-cash donation" means the types of donation referred to in section 46(2) of this Act by a company or any of its subsidiaries to or for the benefit of an EU political party, if the aggregate of all such donations made by the company and any of its subsidiaries in the financial year of the company exceeds £5,000 (or such higher sum which the Secretary of State may by order from time to time prescribe), but not including a qualifying cash donation, and not including a cash donation of up to and including £5,000 which would otherwise be a qualifying cash donation.
 
    (3)  For the purposes of Part IX of this Act, and Part XA of the Companies Act 1985, "EU political party" means--
    (a)  in respect of the United Kingdom, a registered party;
    (b)  in respect of other member states for the time being of the European Union, a political party generally recognised as such in such member state and entitled to field candidates in a general election in that member state under its laws and constitution.")
Definitions.
  
Before Clause 134
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
280A     Insert the following new Clause-- 
     ("  .--(1)  In section 2 of the Representation of the People Act 1985 (Registration of British citizens overseas), at the beginning of subsection (1) there is inserted "Subject to subsections (1A) and (1B),".
 
    (2)  After subsection (1) there is inserted--
        (1A)  A person may not be registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration unless he has been so registered within the previous 12 months.
        (1B)  Subsection (1A) does not apply to a person who qualified as an overseas elector in relation to parliamentary election within the previous 5 year period, and such a person may be registered in accordance with subsection (1) above if--
      (a)  during that 5 year period they have been registered at least once in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration (whether or not that registration has subsequently lapsed), and
      (b)  they register within 12 months of the end of that 5 year period."")
Registration of overseas electors.
  
Clause 134
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 134 stand part of the Bill. 
  
After Clause 134
 
  
BY THE LORD BASSAM OF BRIGHTON
 
280B     Insert the following new Clause-- 
 ("Pre-consolidation amendments 
     .--(1)  Schedule 1 to the European Parliamentary Elections Act 1978 (system of election etc.) shall be amended as follows.
 
    (2)  In paragraph 5 (disqualification for office of Member of the European Parliament), in sub-paragraphs (4)(a) and (4A)(a), after "section 3" there shall be inserted "or 3A".
 
    (3)  In paragraph 6 (judicial proceedings as to disqualification under paragraph 5), in sub-paragraph (1)(b), after "section 3" there shall be inserted "or 3A".")
Pre-consolidation amendments.
1978 c. 10.
280C     Insert the following new Clause-- 
 ("Election material 
     .--(1)  No election material shall be published 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 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 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--
    election material" has the meaning given by section 80(2A);
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any election material, 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 election material.
280D     Insert the following new Clause-- 
     ("  .  For section 93 of the Representation of the People Act 1983 there shall be substituted--Broadcasting of local items during election period.
1983 c. 2.
 Broadcasting of local items during election period.     93.--(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
 
    (2)  The code for the time being adopted by a broadcasting authority under this section shall be either--
    (a)  a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
    (b)  a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
 
    (3)  Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
 
    (4)  The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
 
    (5)  For the purposes of subsection (1) "the election period", in relation to an election, means the period beginning--
    (a)  (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced,
 
  
    (b)  (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
    (c)  (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
 
    (6)  In this section--
    broadcasting authority" means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;
    candidate", in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
    relevant services"--
          (a)  in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
1975 c. 66.
  
          (b)  in relation to the Independent Television Commission, means services licensed under Part I of the Broadcasting Act 1990 or Part I of the Broadcasting Act 1996; and
1990 c. 42.
1996 c. 55.
  
          (c)  in relation to the Radio Authority, means services licensed under Part III of the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996."")
1990 c. 42.
1996 c. 55.
  
BY THE LORD McNALLY
THE LORD GOODHART
 
280E     Insert the following new Clause-- 
     ("  .--(1)  In section 14(1) of the Representation of the People Act 1983, after paragraph (b) there shall be inserted--
    (ba) is employed in a post outside the United Kingdom by one of the institutions of the European Union or by an international organisation of which the United Kingdom is a member;".
    (2)  In section 14(1)(e) of that Act, after "(b)" there shall be inserted, "(ba)".")
Staff of international organisations: service qualification.
  
BY THE LORD DUBS
THE BARONESS GOULD OF POTTERNEWTON
 
280EA     Insert the following new Clause-- 
     ("  .--(1)  Section 14 (1) of the Representation of the People Act 1983 is amended as follows.
 
    (2)  In paragraph (c) after the words "British Council" there shall be inserted "or an international organisation of which the United Kingdom is a member".
 
    (3)  After paragraph (e) there shall be inserted the following new paragraph--
    (f)  is a person under the age of 25 who is resident with a parent qualifying under any paragraph (a) to (e) above."")
Extension of franchise for employees of international organisations: service qualification.
  
Clause 135
 
  
BY THE LORD BASSAM OF BRIGHTON
 
280F     Page 87, leave out lines 10 to 12 and insert--
    ("(b)  the restrictions and other requirements imposed by other enactments in relation to--
          (i)  election expenses incurred by or on behalf of candidates at elections, or
          (ii)  donations to such candidates or their election agents.")
 
281     Page 87, line 14, at end insert ("unless and to the extent that the Scottish Ministers by order so provide.
 
    (3)  For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (4)  Section 146(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
 
    (5)  The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
 
    (6)  The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).")
 
281A     Page 87, line 14, at end insert--
 
    ("(  )  In this section and sections 136 and 138--
    election" means a relevant election for the purposes of Part II;
    election agent" includes a sub-agent.")
 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 23 October 2000