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

back to previous amendments
 
  
Schedule 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
216     Page 142, line 16, leave out ("other than registered parties") and insert ("which either are not registered parties or are minor parties") 
217     Page 142, line 19, at end insert ("other than a minor party") 
217A     Page 142, line 21, leave out from ("donation") to end of line 22 and insert ("to the recognised third party for the purpose of meeting controlled expenditure incurred by or on behalf of that third party") 
217B     Page 142, line 23, after ("2") insert (", 2A") 
218     Page 142, line 23, at end insert--
        ("(  )  References to a permissible donor falling within section 49(2) do not include a registered party.")
 
218A     Page 142, line 27, at end insert--
      ("(aa)  any sponsorship provided in relation to the recognised third party (as defined by paragraph 2A);")
 
218B     Page 142, line 28, leave out ("a recognised third party or a person authorised to act on its behalf)") and insert ("or on behalf of the recognised third party)") 
218C     Page 142, line 30, after ("by") insert ("or on behalf of") 
218D     Page 142, leave out line 36 
218E     Page 142, line 40, leave out sub-paragraph (2) and insert--
        ("(2)  Where--
      (a)  any money or other property is transferred to a recognised third party pursuant to any transaction or arrangement involving the provision by or on behalf of the recognised third 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 recognised third 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 sub-paragraph (2B)) constitute a gift to the recognised third party 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 recognised third party 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 recognised third 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 recognised third party 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.")
 
218F     Page 142, line 44, after ("member") insert (", trustee") 
218G     Page 142, line 45, leave out second ("and") and insert ("or") 
218H     Page 143, line 8, at end insert-- 
 ("Sponsorship 
 
        2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a recognised third party if--
      (a)  any money or other property is transferred to the recognised third party or to any person for the benefit of the recognised third 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 recognised third party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the recognised third party, 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 recognised third party,
      (b)  the preparation, production or dissemination of any publication by or on behalf of the recognised third party, or
      (c)  any study or research organised by or on behalf of the recognised third party.
        (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).")
 
218J     Page 143, line 19, after ("2(1)(a)") insert ("(other than money)") 
218K     Page 143, line 24, at beginning insert ("the total value in monetary terms of") 
218L     Page 143, line 24, 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.")
 
218M     Page 143, leave out lines 27 to 30 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 recognised third 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 recognised third party.")
 
218N     Page 143, line 31, leave out sub-paragraph (4) 
218P     Page 143, line 34, leave out ("or (4)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
219     Page 144, line 19, leave out ("not less") and insert ("more") 
220     Page 144, line 34, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
220A     Page 145, line 13, leave out ("relevant donation") and insert ("recognised third party") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
221     Page 145, line 32, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
221A     Page 145, line 34, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Clause 91
 
  
BY THE LORD BASSAM OF BRIGHTON
 
221B     Page 59, line 4, leave out ("except where the third party is a registered party,") and insert ("in a case where the third party either is not a registered party or is a minor party,") 
221C     Page 59, line 24, leave out ("during the regulated period") 
  
Clause 94
 
  
BY THE LORD BASSAM OF BRIGHTON
 
221D     Page 60, line 45, leave out from ("him") to end of line 3 on page 61 
221E     Page 61, line 4, leave out ("the case of a recognised third party other than a registered party,") and insert ("a case where the third party either is not a registered party or is a minor party,") 
  
Clause 96
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 96 stand part of the Bill. 
  
Clause 97
 
  
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
 
222     Page 62, line 38, at end insert (", or
            (ii)  a referendum held on the provisions contained in a Bill in pursuance of a certificate issued by the Speaker of the House of Commons under section (Bills of first class constitutional importance: Speaker's certificate)")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
223     Page 62, line 38, at end insert (", or
            (ii)  a referendum held in pursuance of section (Referendum following petition)")
 
224     Page 63, line 1, leave out subsections (4) and (5) 
  
After Clause 97
 
  
BY THE LORD NORTON OF LOUTH
 
225     Insert the following new Clause--
        ("  .  The sponsor of a Bill for an Act to provide for a referendum under section 97 shall certify that he has consulted the Commission as to the wording of the question or questions to be put in the referendum and such certification shall accompany the Bill.")
Certification of consultation with Commission.
  
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
 
226     Insert the following new Clause--
        ("  .--(1)  For the purposes of section 97(2)(a)(ii), if, in the opinion of the Speaker of the House of Commons, a Bill introduced into the House of Commons is of first class constitutional importance on which there are significant divisions of public opinion or parliamentary opinion (or both), she may issue a certificate to that effect.
        (2)  A Bill about which the Speaker of the House of Commons has issued a certificate under subsection (1) may not be presented for the Royal Assent until a referendum is held approving the provisions contained in that Bill.")
Bills of first class constitutional importance: Speaker's certificate.
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
227     Insert the following new Clause--
        ("  .--(1)  A referendum shall be held upon the receipt of a petition signed by at least 5 per cent. of the relevant electorate, subject to that petition meeting the requirements set out in regulations as made by the Secretary of State.
        (2)  The Secretary of State may by regulations make provision for or in connection with a referendum called for following the receipt of a valid petition under subsection (1).
        (3)  The provision which may be made by regulations under subsection (2) includes provision--
      (a)  as to the form and content of petitions (including provision for petitions in electronic form),
      (b)  as to the minimum number of relevant electors, who must support any petition presented to the Secretary of State, for the relevant electoral area,
      (c)  for or in connection with requiring the Secretary of State to publish the number of relevant electors for the relevant area who must support any petition presented to the Secretary of State,
      (d)  as to the way in which the Secretary of State is to support a petition (including provision enabling electors to support petitions by telephone or by electronic means),
      (e)  as to the action which may, may not or must be taken by the Secretary of State in connection with any petition,
      (f)  as to the manner in which a petition is to be presented to the Secretary of State,
      (g)  as to the verification of any petition,
      (h)  as to the date on which, or the time by which, a referendum must be held,
      (i)  as to the action which may, may not or must be taken by the Secretary of State before or in connection with a referendum called in connection with subsection (1),
      (j)  as to the action which may, may not or must be taken by the Secretary of State after a referendum.
        (4)  The number of relevant electors mentioned in subsection (3)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of relevant electors at each of those times.
        (5)  Nothing in subsection (3) or (4) affects the generality of the power under subsection (1).")
Referendum following petition.
228     Insert the following new Clause--
        ("  .--(1)  A referendum to which this Part applies may not be held unless an Act of Parliament has been passed giving effect to the policy proposed to be brought into force by the referendum.
        (2)  A Bill in relation to a particular referendum to which this Part applies shall not be published until an Act of Parliament has been passed in accordance with subsection (1).")
Post-legislative referendum.
  
After Clause 99
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
229     Insert the following new Clause-- 
 ("Commission approval 
 
        .--(1)  The Commission's approval shall be required before any bill containing provisions as to the conduct of any referendum to which this Part applies is introduced in either House of Parliament.
        (2)  In granting such approval, the Commission shall pay particular attention to those provisions regarding the question or questions, as defined by section 97(2)(b) of this Act, to be determined by the referendum.")
Approval of Commission for bill for a referendum.
230     Insert the following new Clause--
        ("  .  Any referendum to which section 97(1) applies shall be considered valid only if more than 60 per cent. of eligible voters cast a valid ballot.")
Validity of
referendum:
threshold of
votes cast.
  
Clause 100
 
  
BY THE LORD BASSAM OF BRIGHTON
 
230A     Page 63, line 43, at end insert ("resident in the United Kingdom or registered in an electoral register (as defined by section 49(8))") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
231     Page 63, line 43, at end insert ("who is registered in an electoral register in the United Kingdom or is eligible to be registered in such an electoral register") 
  
BY THE LORD BASSAM OF BRIGHTON
 
231A     Page 64, leave out lines 1 to 3 and insert ("or
            ("(ii)  any body falling within any of paragraphs (b) and (d) to (f) of section 49(2).")
 
  
BY THE LORD SHORE OF STEPNEY
 
231B     Page 64, line 1, leave out ("49(2)(b)") and insert ("49(2)(b)(i)") 
232     [Withdrawn] 
  
BY THE LORD BASSAM OF BRIGHTON
 
232A     Page 64, line 6, at end insert (", or
            (ii)  in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 101(2)(b)")
 
232B     Page 64, leave out lines 8 to 10 and insert--
      ("(c)  otherwise, the person or officer for the time being notified to the Commission by the permitted participant in accordance with section 101(4)(b)(ii).")
 
 
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