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

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Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 127, line 14, leave out ("registered party") and insert ("party registered in the Great Britain register") 
     Page 127, line 15, leave out (", Wales and Northern Ireland") and insert ("and Wales") 
     Page 127, line 17, leave out ("the United Kingdom") and insert ("Great Britain") 
     Page 127, line 17, at end insert ("; and
    (b)  campaign expenditure incurred by or on behalf of a party registered in the Northern Ireland register shall be attributed solely to Northern Ireland.")
 
     Page 127, line 18, leave out sub-paragraph (2) 
     Page 127, line 30, leave out ("the United Kingdom") and insert ("Great Britain") 
     Page 127, line 36, leave out ("the United Kingdom") and insert ("Great Britain") 
     Page 127, line 40, leave out ("the United Kingdom)") and insert ("Great Britain)") 
     Page 128, leave out lines 4 to 8 and insert--
 
    ("(1)  This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at a parliamentary general election.
 
    (2)  Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is--")
 
     Page 128, line 10, leave out ("the United Kingdom") and insert ("Great Britain") 
     Page 128, line 16, leave out from beginning to ("party") in line 17 and insert ("Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the") 
     Page 128, line 18, at end insert--
 
    ("(4A)  Sub-paragraph (4B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
 
    (4B)  In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) or (4) (as the case may be) shall, instead of being the amount specified in that provision, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (4A).")
 
     Page 128, line 29, leave out sub-paragraph (1) and insert--
 
    ("(1)  This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which stands for election or (as the case may be) in whose name candidates stand for election at a general election to the European Parliament.")
 
     Page 129, line 2, leave out sub-paragraph (1) and insert--
 
    ("(1)  This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary or extraordinary general election to the Scottish Parliament.")
 
     Page 129, line 30, leave out sub-paragraph (1) and insert--
 
    ("(1)  This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary election to the Welsh Assembly.")
 
     Page 130, line 2, leave out sub-paragraph (1) and insert--
 
    ("(1)  This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at an ordinary or extraordinary general election to the Northern Ireland Assembly.")
 
     Page 130, leave out lines 32 to 35 and insert--
 
    ("This paragraph applies where (apart from this paragraph)--
    (a)  separate limits would apply as follows to campaign expenditure incurred by or on behalf of a registered party in Scotland, Wales or Northern Ireland (as the case may be), namely--
          (i)  under paragraph 4 in relation to a general election to the European Parliament; and
          (ii)  under paragraph 5, 6 or 7 in relation to an election within that paragraph; and
    (b)  any part of the period which would be the relevant period for the purposes of paragraph 4 falls within any part of the period which would be the relevant period for the purposes of paragraph 5, 6 or 7.
    (1A)  In such a case--")
 
     Page 130, line 38, leave out from first ("of") to ("(as") in line 39 and insert ("the party in Scotland, Wales or Northern Ireland") 
     Page 130, line 43, leave out ("a registered") and insert ("the") 
     Page 131, leave out lines 6 to 11 
     Page 131, line 13, leave out sub-paragraph (1) and insert--
 
    ("(1)  This paragraph applies where--
    (a)  separate limits would (apart from this paragraph) apply as follows to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be), namely--
          (i)  under paragraph 3 in relation to a parliamentary general election; and
          (ii)  under paragraph 4, 5, 6, 7 or 8 in relation to an election or elections within that paragraph; and
    (b)  the parliamentary general election is pending during any part of the period in relation to which the limit imposed by paragraph 4, 5, 6, 7 or 8 would (apart from this paragraph) apply.
    (1A)  In such a case--
    (a)  neither paragraph 3, nor paragraph 4, 5, 6, 7 or 8 (as the case may be) shall apply to the expenditure mentioned in sub-paragraph (1)(a); and
    (b)  the limit or limits imposed by this paragraph shall apply to it instead.")
 
     Page 131, line 46, leave out from ("Where") to ("the") in line 48 and insert ("sub-paragraph (1)(a)(i) is applicable in the case of each of two parliamentary general elections which are pending during different parts of any such period as is mentioned in sub-paragraph (1)(b),") 
     Page 132, leave out lines 31 to 43 
     Page 132, line 45, leave out from beginning to end of line 5 on page 133 and insert--
 
    ("(1)  This paragraph applies where--
    (a)  a limit under paragraph 9 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be) in relation to a period that would either be--
          (i)  a relevant period for the purposes of paragraph 9(2), or
          (ii)  a first relevant period for the purposes of paragraph 9(4); and
    (b)  another limit under paragraph 4, 5, 6, 7 or 8 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to a period ("the other campaign period") which is not a period during which the parliamentary general election is pending but which either--
 
 
          (i) falls wholly within, or
          (ii) ends at any time falling within,
    the period mentioned in paragraph (a).
 
     (2)  In such a case--") 
     Page 133, line 11, leave out ("a registered") and insert ("the") 
     Page 133, leave out lines 28 to 33 
     Page 133, leave out lines 36 to 45 and insert--
 
    ("(1)  This paragraph applies where--
    (a)  a limit under paragraph 3 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be);
    (b)  another limit under paragraph 4, 5, 6, 7 or 8 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to any period ("the other campaign period") which either--
          (i)  falls wholly within, or
          (ii)  ends at any time falling within,
 
  the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election; and 
 
    (c)  paragraph 9 does not apply in connection with that expenditure.
    (2)  In such a case--")
 
     Page 134, line 2, leave out ("a registered") and insert ("the") 
     Page 134, leave out lines 34 to 42 
     Page 134, leave out lines 43 to 49 
  
Clause 75
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 48, line 41, leave out from second ("the") to second ("that") in line 43 and insert ("relevant election (or, as the case may be, the polls for the relevant elections)") 
     Page 49, line 10, leave out (" 68(1)") and insert (" 68") 
  
Clause 78
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 50, line 24, leave out from ("71") to end of line 27 
  
Clause 80
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 51, line 8, leave out subsections (2) and (3) and insert--
 
    ("(2)  Controlled expenditure", in relation to a third party, means (subject to section 82) expenses incurred by or on behalf of the third party in connection with the production or publication of election material which is made available to the public at large or any section of the public (in whatever form and by whatever means).
 
    (2A)  Election material" is material which can reasonably be regarded as intended to--
    (a)  promote or procure electoral success at any relevant election for--
          (i)  one or more particular registered parties,
          (ii)  one or more registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or
          (iii)  candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates, or
    (b)  otherwise enhance the standing--
          (i)  of any such party or parties, or
          (ii)  of any such candidates,
 
 with the electorate in connection with future relevant elections (whether imminent or otherwise);  
 and any such material is election material even though it can reasonably be regarded as intended to achieve any other purpose as well.
 
    (2B)  For the purposes of subsection (2A)--
    (a)  the reference to electoral success at any relevant election is a reference--
          (i)  in relation to a registered party, to the return at any such election of candidates standing in the name of the party or included in a list of candidates submitted by the party in connection with the election, and
          (ii)  in relation to candidates, to their return at any such election; and
    (b)  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;
and, for the purpose of determining whether any material is election material, it is immaterial that it does not expressly mention the name of any party or candidate.")
 
     Page 51, leave out lines 40 to 43 and insert--
    ("(a)  if the third party is an individual, that individual;
    (b)  if the third party is a registered party--
          (i)  the treasurer of the party, 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 83(3)(b)(iii); and
    (c)  otherwise, the person or officer for the time being notified to the Commission by the third party in accordance with section 83(3)(c)(ii).")
 
     Page 52, leave out lines 1 and 2 and insert--
    ("(b)  subject to subsection (7A), any registered party.
    (7A)  In connection with the application of subsection (2) in relation to expenses incurred by or on behalf of a third party which is a registered party, any reference in subsection (2A) to a registered party or registered parties or to any candidates does not include--
    (a)  the party itself, or
    (b)  any candidates standing in the name of the party at any relevant election or included in any list submitted by the party in connection with any such election,
as the case may be.")
 
     Page 52, line 2, at end insert--
 
    ("(  )  In this section "candidates" includes future candidates, whether identifiable or not.")
 
  
Clause 81
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 52, line 3, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of a third party--
    (a)  either--
          (i)  property is transferred to the third 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 third 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 third party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the third party in respect of that use, they would be (or are) controlled expenditure incurred by or on behalf of the third party.
    (1A)  Where this section applies, an amount of controlled expenditure determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the third 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 section 82.
 
    (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 third 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 third 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 52, line 30, leave out ("and") and insert ("or") 
     Page 52, line 37, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of controlled expenditure is treated, by virtue of subsection (1A), as incurred by or on behalf of a third party during any period the whole or part of which falls within any period which is a regulated period (as defined by section 89(6)(a)), then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the third party during the regulated period, and
    (b)  if a return falls to be prepared under section 91 in respect of controlled expenditure incurred by or on behalf of the third party during that period, the responsible person 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 regulated period.")
 
     Page 52, line 45, at end insert--
 
    ("(  )  Paragraph 2(3) and (4)(a) of Schedule 10 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a third party.")
 
 
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