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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 Supplement (j) to the Marshalled List of Amendments to the Political Parties, Elections and Referendums Bill to be moved in Committee in the House of Lords.

  
Clause 26
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 16, leave out lines 35 and 36 and insert--
    ("(a)  would either--
          (i)  be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or
          (ii)  be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,")
 
     Page 16, line 41, at end insert--
 
    ("(2A)  In subsection (2)(a) "already registered in respect of the relevant part of the United Kingdom" has the meaning given by section 25(2A).")
 
  
Clause 27
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 17, line 10, at end insert--
 
    ("(  )  The Commission shall refuse an application to change the part or parts of Great Britain in respect of which a party is registered if, in their opinion, the change would be likely to result in--
    (a)  such confusion in relation to the party's registered name as is mentioned in paragraph (a) of section 25(2), or
    (b)  such confusion in relation to a registered emblem of the party as is mentioned in paragraph (a) of section 26(2).")
 
     Page 17, line 17, at end insert--
 
    ("(  )  For the purposes of subsection (3), (4) or (5)--
    (a)  section 25(2)(a) and section 25(2A), or
    (b)  section 26(2)(a) and section 25(2A) (as it applies by virtue of section 26(2A)),
as the case may be, shall each have effect as if the words "applying to be" were omitted.")
 
  
Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 27, line 40, after ("member") insert (", trustee") 
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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.
     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;") 
  
Clause 49
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 29, line 36, leave out ("European Union") and insert ("United Kingdom or another member State") 
     Page 29, line 41, at end insert-- 
 
    ("(da)  a building society (within the meaning of the Building Societies Act 1986);
    (db)  a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;")
1986 c. 53.
     Page 30, line 3, leave out ("other unincorporated association of two or more persons") and insert ("unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but") 
  
Schedule 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 112, line 30, after ("company") insert ("falling within section 49(2)(b)") 
     Page 112, line 42, at end insert-- 
     ("(  )  In the case of a building society within the meaning of the Building Societies Act 1986, the report must give--
    (a)  the name of the society; and
    (b)  the address of its principal office.
    (  )  In the case of a limited liability partnership falling within section 49(2)(db), the report must give--
    (a)  the partnership's registered name; and
    (b)  the address of its registered office.")
1986 c. 53.
     Page 113, line 5, at end insert-- 
 ("Identity of donors: weekly reports 
     2A.  In relation to each recordable donation a weekly report must give all such details of the name and address of the donor as are for the time being known to the party.") 
     Page 113, line 44, leave out from beginning to ("and") in line 45 
  
Clause 64
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 41, line 27, leave out ("(2)(b)") and insert (2) 
  
Schedule 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 114, line 28, leave out ("and") and insert ("or") 
     Page 114, line 34, leave out ("and") and insert ("or") 
     Page 114, line 39, leave out ("and") and insert ("or") 
     Page 116, line 4, after ("member") insert (", trustee") 
     Page 116, line 17, 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.
     Page 116, line 29, leave out from ("which") to ("and") in line 31 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;") 
     Page 119, line 11, leave out ("£1,000;") and insert ("£5,000 (where the donee is a members association) or £1,000 (in any other case);") 
     Page 119, line 18, leave out ("£1,000.") and insert ("£5,000 (where the donee is a members association) or £1,000 (in any other case).") 
     Page 119, line 25, leave out ("58") and insert (" 57") 
     Page 121, line 34, leave out ("£1,000.") and insert ("£5,000 (where the donee is a members association) or £1,000 (in any other case).") 
     Page 122, line 28, after ("9(3),") insert ("9(4),") 
     Page 122, line 33, leave out from ("shall") to second ("to") in line 34 and insert ("include power to make provision for disapplying any specified provisions of this Part, for such period as is specified, in relation") 
  
Clause 67
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 42, line 29, leave out subsections (4) and (5) and insert--
 
    ("(4)  For election purposes", in relation to a registered party, means for the purpose of or in connection with--
    (a)  promoting or procuring electoral success for the party at any relevant election, that is to say, the return at any such election of candidates--
          (i)  standing in the name of the party, or
          (ii)  included in a list of candidates submitted by the party in connection with the election; or
    (b)  otherwise enhancing the standing--
          (i)  of the party, or
          (ii)  of any such candidates,
 
  with the electorate in connection with future relevant elections (whether imminent or otherwise). 
     (5)  For the purposes of subsection (4)--
    (a)  the reference to doing any of the things mentioned in paragraph (a) or (as the case may be) paragraph (b) of that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates;
    (b)  a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate; and
    (c)  it is immaterial that any candidates standing in the name of the party also stand in the name of one or more other registered parties.")
 
     Page 43, leave out lines 7 to 12 and insert ("included in a return as to election expenses in respect of a candidate or candidates at a particular election.") 
     Page 43, line 13, leave out subsection (8) 
     Page 43, line 21, at end insert--
 
    ("(  )  In this section "candidates" includes future candidates, whether identifiable or not.")
 
  
Clause 68
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 43, line 22, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of a registered party--
    (a)  either--
          (i)  property is transferred to the party free of charge or at a discount of more than 10 per cent. of its market value, or
          (ii)  property, services or facilities is or are provided for the use or benefit of the party 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 services or facilities, and
    (b)  the property, services or facilities is or are made use of by or on behalf of the party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the party in respect of that use, they would be (or are) campaign expenditure incurred by or on behalf of the party.
    (1A)  Where this section applies, an amount of campaign expenditure determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the party during the period for which the property, services or facilities is or are made use of as mentioned in subsection (1)(b).
 
    This subsection has effect subject to subsection (6).
 
    (1B)  Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either--
    (a)  the market value of the property (where the property is transferred free of charge), or
    (b)  the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the party in respect of the property (where the property is transferred at a discount),
as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
 
    (1C)  Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either--
    (a)  the commercial rate for the use of the property or the provision of the services or facilities (where the property, 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 party in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).")
 
     Page 44, line 2, leave out ("and") and insert ("or") 
     Page 44, line 9, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of campaign expenditure is treated, by virtue of subsection (1A), as incurred by or on behalf of a party during any period the whole or part of which falls within any period which is, in relation to the party, a relevant campaign period for the purposes of section 75, then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the party during the relevant campaign period, and
    (b)  the treasurer or a deputy treasurer appointed under section 69 shall make a declaration of that amount,
unless that amount is less than £200.
 
    (4A)  The amount mentioned in subsection (4) is such proportion of the appropriate amount (determined in accordance with subsection (1B) or (1C)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the relevant campaign period.")
 
  
Clause 72
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 46, line 3, after ("party") insert ("during any period which is, in relation to the party, a relevant campaign period (within the meaning of section 75)") 
     Page 46, leave out lines 8 and 9 and insert ("not later than 21 days after the end of the relevant campaign period.") 
     Page 46, line 10, leave out from ("paid") to end of line 11 and insert ("not later than 42 days after the end of the relevant campaign period.") 
     Page 46, line 26, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a registered party to obtain payment before the end of the period allowed under that subsection.")
 
  
Clause 73
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 47, line 12, after ("party") insert ("as mentioned in section 72(1)") 
     Page 47, line 16, leave out ("section 72(1)") and insert ("that provision") 
     Page 47, line 25, leave out subsection (3) 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 47, line 34, leave out subsection (1) 
     Page 47, line 40, leave out (", in connection with such elections,") 
     Page 48, line 1, leave out subsection (3) 
     Page 48, line 8, leave out ("any limit imposed by Schedule 8") and insert ("that limit") 
     Page 48, line 23, at end insert--
 
    ("(6)  Where--
    (a)  at any time before the beginning of any relevant campaign period (within the meaning of section 75), any expenses within section 67(2)(a) are incurred by or on behalf of a registered party in respect of any property, services or facilities, but
    (b)  the property, services or facilities is or are made use of by or on behalf of the party during the relevant campaign period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 67(2)(a) have constituted campaign expenditure incurred by or on behalf of the party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 75 to 78 and Schedule 8 as campaign expenditure incurred by or on behalf of the party during that period.
 
    (7)  For the purposes of subsection (6) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).")
 
 
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