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

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Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
247A     Page 158, line 2, leave out from ("donation") to end of line 4 and insert ("to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate") 
247B     Page 158, line 4, at end insert--
 
    ("(  )  In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.")
 
247C     Page 158, line 5, after ("2") insert (", 2A") 
248     Page 158, line 7, at end insert--
 
    ("(  )  Where--
    (a)  at a time when any order is in force under section 65(1) of the 2000 Act a donation is received by a candidate at an election in Great Britain, and
    (b)  the order provides for this sub-paragraph to apply to any such donation,
references to a permissible donor falling within section 49(2) of that Act shall be construed, in relation to the donation, as not including a registered party which is registered in the Northern Ireland register maintained by the Commission under Part II of that Act.")
 
248A     Page 158, line 9, at end insert--
 
    ("(7)  Any reference to a donation received by a candidate when he is (or is deemed to be) his own election agent includes a reference to a donation received by a candidate on a list of candidates to be London members of the London Assembly at an ordinary election who is, or is deemed to be, the election agent of all the candidates on the list.
 
    (8)  Any donation which is received by a candidate as mentioned in sub-paragraph (7) above shall be regarded as received by him in his capacity as election agent.")
 
248B     Page 158, line 13, at end insert--
    ("(aa)  any sponsorship provided in relation to the candidate (as defined by paragraph 2A below);")
 
248C     Page 158, line 14, leave out ("as permitted by section 73 above)") and insert ("by the candidate, his election agent or any sub-agent)") 
248D     Page 158, line 15, leave out from ("by") to end of line 16 and insert ("or on behalf of the candidate;") 
248E     Page 158, line 19, leave out ("goods,") 
248F     Page 158, leave out line 22 
248G     Page 158, line 23, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate 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 candidate 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) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above.
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c) above, whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d) above, whether any property, services or facilities provided for the use or benefit of a candidate 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 candidate 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) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A below) shall apply in relation to it to the exclusion of the other provision of this paragraph.
 
    (2C)  The reference in sub-paragraph (1)(b) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(b) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.")
 
248H     Page 158, line 31, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if--
    (a)  any money or other property is transferred to the candidate or to any person for the benefit of the candidate, 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 candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) above "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the candidate,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the candidate, or
    (c)  any study or research organised by or on behalf of the candidate.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above--
    (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) above.
 
    (5)  Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
 
    (6)  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).")
 
248J     Page 158, line 45, after ("above") insert ("(other than money)") 
248K     Page 159, line 1, at beginning insert ("the total value in monetary terms of") 
248L     Page 159, line 2, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) above 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) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
248M     Page 159, leave out lines 5 to 8 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 candidate or his election agent 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 candidate or his election agent")
 
248N     Page 159, line 9, leave out sub-paragraph (4) 
248P     Page 159, line 13, leave out ("or (4)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
249     Page 159, line 50, leave out ("not less") and insert ("more") 
250     Page 160, line 13, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
250A     Page 160, line 27, leave out from ("to") to end of line 29 and insert--
    ("(a)  a relevant donation received by a candidate or his election agent, and
    (b)  the candidate or (as the case may be) the election agent,
as they apply in relation to a donation received by a registered party and the registered party.")
 
250B     Page 160, line 43, at end insert-- 
 ("Transfer of donations received by candidate to election agent 
     6A.--(1)  Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).
 
    (2)  The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent--
    (a)  the donation,
    (b)  where paragraph 5(4) or (5) above applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
    (c)  any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.
    (3)  Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 5(1) to (3) above and the provisions applied by paragraph 6 above as if it had been--
    (a)  originally received by the election agent, and
    (b)  so received by him on the date on which it was received by the candidate.
    (4)  Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either--
    (a)  forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) above to the agent, or
    (b)  (if he fails to do so) deal with the donation in accordance with section 51 of the 2000 Act.
    (5)  Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above.
 
    (6)  Sub-paragraph (7) below applies where--
    (a)  a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 51 of the 2000 Act either because--
          (i)  it was received by him at a time when no appointment of another person as his election agent was in force, or
          (ii)  although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and
    (b)  an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after--
          (i)  the deadline for appointing an election agent, or
          (ii)  if later, the time when the candidate has dealt with the donation in accordance with section 51 of the 2000 Act.
    (7)  Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent--
    (a)  the donation (if it has been accepted by him), and
    (b)  any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this Schedule.
    (8)  The relevant time for the purposes of sub-paragraph (7) above is--
    (a)  the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
    (b)  otherwise, the time when any such appointment subsequently comes into force.
    (9)  The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
 
    (10)  In this paragraph--
    (a)  any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67(1) or (1A) of this Act be named as election agent--
          (i)  by the candidate, or
          (ii)  in the case of a candidate on a list of candidates submitted by a registered political party to be London members of the London Assembly at an ordinary election, by the party; and
    (b)  any reference to any provision of section 51 of the 2000 Act is a reference to that provision as applied by paragraph 6 above.")
 
250C     Page 160, line 47, leave out ("or to the treasurer of a registered party") 
250D     Page 160, line 49, at end insert ("; and
    (c)  any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).")
 
250E     Page 161, line 5, leave out ("prepared") and insert ("delivered") 
  
Before Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
250F     Insert the following new Clause--
 
    ("  .--(1)  Section 75 of the Representation of the People Act 1983 (no election expenses to be incurred by persons other than candidate, election agent or persons authorised by him) shall be amended as follows.
 
    (2)  In subsection (1)(ii) (exception for expenses not exceeding £5 in aggregate incurred by individual backer or disparager), for "not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others," there shall be substituted "incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action),".
 
    (3)  After subsection (1) there shall be inserted--
        (1ZA)  For the purposes of subsection (1)(ii) above, "the permitted sum" means--
      (a)  in respect of a candidate at a parliamentary election, £500;
      (b)  in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;
    and expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1)(ii)) fall within subsection (1) above."
    (4)  At the end of subsection (1A) there shall be added "; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party."
 
    (5)  Subsections (1B) and (1C) (special provision for Greater London Authority elections) shall be omitted.")
Election expenses incurred otherwise than by candidate.
  
Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
250G     Page 78, leave out lines 21 to 24 and insert ("or on behalf of a candidate at an election") 
250H     Page 78, line 31, leave out from ("by") to ("must") in line 33 and insert ("or on behalf of any of those candidates") 
  
BY THE LORD McNALLY
THE LORD RENNARD
 
251     Page 79, line 6, leave out ("£100,000") and insert ("£75,000") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
252     Page 79, line 7, leave out subsection (6) 
  
After Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
252A     Insert the following new Clause--
 
    ("  .--(1)  For section 76A of the Representation of the People Act 1983 there shall be substituted--
 
 Power to vary provisions about election expenses.     76A.--(1)  The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies--
    (a)  where he considers that the variation is expedient in consequence of changes in the value of money, or
    (b)  in order to give effect to a recommendation of the Electoral Commission.
    (2)  This section applies to any of the sums for the time being specified in--
    (a)  section 73(2) above;
    (b)  section 74(1)(a), (b), (c) or (d) above;
    (c)  section 75(1ZA) above; or
    (d)  section 76(2) above.
    (3)  An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
     (2)  Section 76A of that Act, as substituted by subsection (1) above, shall be taken to be a pre-commencement enactment for the purposes of the Scotland Act 1998.")Power to vary provisions about election expenses.
1983 c. 2.
1998 c. 46.
 
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