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Amendments to the Political Parties, Elections and Referendums Bill

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

Here you can browse the Third Marshalled List of Amendments to the Political Parties, Elections and Referendums Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 20th April 2000, as follows-- 
 Clauses 32 to 45
Schedule 4
Clauses 46 to 58
Schedule 5
Clauses 59 to 66
Schedule 6
Clause 67
Schedule 7
Clauses 68 to 74
Schedule 8
Clauses 75 to 89
Schedule 9
Clause 90
Schedule 10
Clauses 91 to 105
Schedule 11
Clause 106
Schedule 12
Clauses 107 to 113
Schedule 13
Clause 114
Schedule 14
Clauses 115 to 125
Schedule 15
Clauses 126 to 130
Schedule 16
Clause 131
Schedule 17
Clause 132
Schedule 18
Clauses 133 to 140
Schedule 19
Clauses 141 to 151
Schedules 20 and 21
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 32
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
108     Page 20, line 8, leave out ("initially") 
109     Page 20, line 23, at end insert ("in the first year following Royal Assent to this Act, and
    (b)  £100,000 in subsequent years")
 
110     [Withdrawn] 
  
BY THE LORD BASSAM OF BRIGHTON
 
110A     Page 20, line 27, leave out ("immediately before the appointed day") and insert ("at the commencement of this section") 
  
Clause 34
 
  
BY THE LORD BASSAM OF BRIGHTON
 
111     Page 21, line 1, at end insert ("or, where the candidate is the Speaker of the House of Commons seeking re-election, the words "The Speaker seeking re-election"  ") 
112     Page 21, line 2, leave out subsection (3) and insert--
 
    ("(3)  In rule 6A (nomination papers: name of registered political party)--
    (a)  in paragraph (1), after "unless" there shall be inserted "the party is a qualifying party in relation to the constituency and"; and
    (b)  for paragraph (3) there shall be substituted--
        (3)  For the purposes of the application of this rule in relation to an election--
      (a)  registered political party" means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of the election is required to be published by virtue of rule 1 ("the relevant time");
      (b)  a registered political party is a qualifying party in relation to a constituency if--
            (i)  the constituency is in England, Scotland or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or
            (ii)  the constituency is in Northern Ireland and the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act."  ")
 
  
Clause 36
 
  
BY THE LORD BASSAM OF BRIGHTON
 
113     Page 21, line 14, leave out ("21") and insert ("(The new registers)") 
114     Page 21, line 16, at end insert--
    (" "parish or community election" means an election of councillors for a parish in England or a community in Wales;")
 
115     Page 21, leave out lines 18 and 19 and insert--
    (" "the register" shall be construed in accordance with section 25(5);
    registered" (unless the context otherwise requires) means registered under this Part (whether in the Great Britain or the Northern Ireland register), and other references to registration shall be construed accordingly;
 
 
    the registrar of companies" means the registrar or other officer who performs the duty of registering companies under the Companies Act 1985;")
1985 c. 6.
116     Page 21, line 20, at end insert--
 
    ("(  )  For the purposes of this Part a registered party contests an election--
    (a)  by one or more candidates standing for election in the party's name at the election, or
    (b)  by the party itself standing nominated at the election.")
 
117     Page 21, line 21, leave out subsection (2) 
  
Clause 37
 
  
BY THE LORD BASSAM OF BRIGHTON
 
118     Page 22, line 15, leave out from ("period") to end of line 19 and insert ("as may be determined by the Commission under subsection (7), whether in relation to--
    (a)  registered parties generally,
    (b)  any description of registered parties which includes the party, or
    (c)  the party itself.
    (7)  The Commission may determine that the period which is to be a financial year of a registered party shall be--
    (a)  a period of twelve months specified by the Commission, or
    (b)  a shorter period specified by them for any transitional purposes;
and different determinations may be made under this subsection in respect of financial years beginning on different dates.
 
    (8)  The Commission shall notify registered parties of any determination under subsection (7) which affects them.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
119     Page 22, line 18, leave out paragraph (b) 
  
BY THE LORD BASSAM OF BRIGHTON
 
120     Page 22, line 19, at end insert--
 
    ("(  )  Nothing in this Part applies in relation to a minor party.")
 
  
Clause 38
 
  
BY THE LORD BASSAM OF BRIGHTON
 
121     Page 22, line 44, leave out from ("hand)") to end of line 46 and insert ("parties registered in the Great Britain register and (on the other) those registered in the Northern Ireland register.") 
  
Clause 39
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
122     Page 23, line 12, leave out ("£250,000") and insert ("£1,000,000") 
123     Page 23, line 13, at end insert--
 
    ("(  )  The level of gross income or total expenditure which must be exceeded in subsection (1) to require auditing shall be consistent with the requirements under section 249A of the Companies Act 1985.")
 
124     Page 23, line 16, leave out ("£250,000") and insert ("£1,000,000") 
125     Page 23, line 38, leave out from ("remuneration,") to third ("the") in line 39 and insert ("shall be covered by") 
  
Clause 41
 
  
BY THE LORD BASSAM OF BRIGHTON
 
125A     Page 24, line 40, after ("than") insert ("7 days after") 
125B     Page 24, line 44, at end insert ("(unless the auditor was appointed by the Commission under section 39(4))") 
  
Clause 43
 
  
BY THE LORD BASSAM OF BRIGHTON
 
126     Page 25, line 25, leave out ("for securing") and insert (", and exercised all due diligence, to ensure") 
127     Page 25, line 36, after ("steps") insert (", and exercised all due diligence,") 
  
Clause 44
 
  
BY THE LORD BASSAM OF BRIGHTON
 
128     Page 26, line 44, after ("accounts") insert ("and their delivery to the Commission") 
128A     Page 26, line 46, at end insert--
    ("(  )  for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 43(1).")
 
129     Page 26, line 46, at end insert--
 
    ("(  )  Section 42 applies in relation to any revised statement of accounts received by the Commission in accordance with regulations under subsection (9) as it applies in relation to any statement of accounts received by them under section 41.")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
130     Page 109, line 42, leave out ("register of political parties") and insert ("Great Britain or Northern Ireland register") 
130A     Page 110, line 43, at end insert--
 
    ("(2)  In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.")
 
130B     Page 111, line 41, leave out paragraph 9 and insert--
 
    ("9.--(1) Subject to sub-paragraph (2), section 44 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
 
    (2)  In its application in relation to any such unit--
    (a)  section 44(7) shall have effect with the omission of the reference to the registered leader of the party; and
    (b)  section 44(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.")
 
  
Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
130C     Page 27, line 25, at end insert--
    ("(aa)  any sponsorship provided in relation to the party (as defined by section (Sponsorship));")
 
130D     Page 27, line 28, leave out ("the party or a person acting on its behalf)") and insert ("or on behalf of the party)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
131     Page 27, line 35, leave out paragraph (f) 
  
BY THE LORD BASSAM OF BRIGHTON
 
131A     Page 27, line 36, leave out subsection (3) and insert--
 
    ("(3)  Where--
    (a)  any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party 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 party 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 subsection (3B)) constitute a gift to the party for the purposes of subsection (2)(a).
 
    (3A)  In determining--
    (a)  for the purposes of subsection (2)(d), whether any money lent to a registered party is so lent otherwise than on commercial terms, or
    (b)  for the purposes of subsection (2)(e), whether any property, services or facilities provided for the use or benefit of a registered party 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 party in respect of the loan or the provision of the property, services or facilities.
 
    (3B)  Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(aa) and by virtue of any other provision of this section, subsection (2)(aa) (together with section (Sponsorship)) shall apply in relation to it to the exclusion of the other provision of this section.")
 
131B     Page 27, line 40, after ("member") insert (", trustee") 
131C     Page 28, line 1, leave out subsection (5) and insert--
 
    ("(  )  Except so far as a contrary intention appears, references to a registered party in the context of--
    (a)  the making of donations to, or the receipt or acceptance of donations by, a registered party, or
    (b)  any provision having effect for or in connection with determining what constitutes a donation to such a party,
shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.")
 
132     Page 28, line 14, at end insert--
 
    ("(  )  Nothing in this Part applies in relation to donations received by a minor party.")
 
  
After Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
132A     Insert the following new Clause--
 
    (".--(1) For the purposes of this Part sponsorship is provided in relation to a registered party if--
    (a)  any money or other property is transferred to the party or to any person for the benefit of the party, 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 party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In subsection (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the party;
    (b)  the preparation, production or dissemination of any publication by or on behalf of the party; or
    (c)  any study or research organised by or on behalf of the party.
    (3)  The following do not, however, constitute sponsorship by virtue of subsection (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;
and subsection (1) also has effect subject to section 47(3).
 
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).
 
    (5)  In this section "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).")
Sponsorship.
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
132B     Page 28, line 28, at end insert--
    ("(  )  the provision of assistance by a person appointed under section 9 of the Local Government and Housing Act 1989;")
1989 c. 42.
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
133     Page 28, line 33, at end insert--
    ("(h)  any payment made by an individual or organisation in respect of, or any facilities or services provided in pursuance of, education activity by the party for the benefits of its members.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
133A     Page 28, line 35, leave out from ("which") to ("and") in line 37 and insert ("(in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election;") 
133B     Page 28, line 39, at end insert--
 
    ("(3)  Nothing in section 46 or (Sponsorship) shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.")
 
  
Clause 48
 
  
BY THE LORD BASSAM OF BRIGHTON
 
133C     Page 29, line 1, at beginning insert ("the total value in monetary terms of") 
133D     Page 29, line 1, at end insert--
 
    ("(2A)  The value of any donation falling within section 46(2)(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 section (Sponsorship)(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
133E     Page 29, line 4, leave out paragraphs (a) and (b) 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 party 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 party.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD BASSAM OF BRIGHTON
 
134     Page 29, line 8, leave out subsection (4) 
  
BY THE LORD BASSAM OF BRIGHTON
 
134A     Page 29, line 13, leave out ("or (4)") 
134B     Page 29, line 19, leave out ("or (4)") 
 
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