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

back to previous amendments
 
  
Clause 82
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 53, line 5, leave out ("(otherwise than by the third party)") 
     Page 53, line 10, leave out from ("of") to end of line 12 and insert ("expenses falls (in accordance with any enactment) to be included in a return as to election expenses in respect of a candidate or candidates at a particular election,") 
  
Clause 83
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 53, leave out lines 34 to 37 and insert ("the third party is--
    (a)  an individual,
    (b)  a registered party, or
    (c)  a body falling within any of paragraphs (b) and (d) to (f) of section 49(2).")
 
     Page 53, line 43, leave out from beginning to end of line 15 on page 54 and insert--
    ("(b)  if given by a registered party, state--
          (i)  the party's registered name,
          (ii)  the address of its registered headquarters, and
          (iii)  (in the case of a minor party) the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II,
 
 
    and be signed by the responsible officers of the party (within the meaning of section 59); and
 
 
    (c)  if given by a body falling within any of paragraphs (b) and (d) to (f) of section 49(2), state--
          (i)  all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (8) of paragraph 2 of Schedule 5 to be given in respect of such a body as the donor of a recordable donation, and
          (ii)  the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
 
 
    and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.")
 
  
Clause 87
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 56, line 9, after ("party") insert ("during any period which is a regulated period (as defined by section 89(6)(a))") 
     Page 56, leave out lines 14 and 15 and insert ("not later than 21 days after the end of the regulated period.") 
     Page 56, line 16, leave out from ("paid") to end of line 17 and insert ("not later than 42 days after the end of the regulated period.") 
     Page 56, line 32, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a recognised third party to obtain payment before the end of the period allowed under that subsection.")
 
     Page 56, line 38, at end insert ("; and
    (  )  any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the recognised third party.")
 
  
Clause 88
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 56, line 41, after ("party") insert ("as mentioned in section 87(1)") 
     Page 57, line 3, leave out ("section 87(1)") and insert ("that provision") 
     Page 57, line 12, leave out subsection (3) 
     Page 57, line 16, leave out ("Subsections (4) to (7) of section 72") and insert ("For the purposes of this section--
    (a)  subsections (4) and (5) of section 87")
 
     Page 57, line 19, leave out (" 72(1)") and insert (" 87(1); and
    (b)  subsections (6) and (7) of section 72 shall apply as if any reference to subsection (4) of that section were a reference to section 87(4) as applied by paragraph (a) above.")
 
  
Clause 89
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 58, line 9, at end insert--
 
    ("(5A)  Where--
    (a)  at any time before the beginning of any regulated period any expenses within section 80(2) are incurred by or on behalf of a third 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 third party during the regulated period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 80(2) have constituted controlled expenditure incurred by or on behalf of the third party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 91 to 94 and Schedule 9 as controlled expenditure incurred by or on behalf of the third party during that period.
 
    (5B)  For the purposes of subsection (5A) 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).")
 
     Page 58, line 10, leave out ("Chapter") and insert ("this section, sections 91 to 94 and Schedule 9") 
  
Schedule 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 142, leave out lines 4 to 10 
  
Schedule 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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.") 
     Page 142, line 30, after ("by") insert ("or on behalf of") 
     Page 142, line 44, after ("member") insert (", trustee") 
     Page 142, line 45, leave out second ("and") and insert ("or") 
  
Clause 91
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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,") 
     Page 59, line 24, leave out ("during the regulated period") 
  
Clause 94
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 60, line 45, leave out from ("him") to end of line 3 on page 61 
     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 100
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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).")
 
     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)")
 
     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).")
 
  
Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 64, line 17, at end insert ("; and
    (b)  if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II")
 
     Page 64, line 18, leave out (", company or unincorporated association") and insert ("or body") 
     Page 64, leave out lines 29 to 45 and insert--
    ("(b)  if given by a body falling within any of paragraphs (b) and (d) to (f) of section 49(2), state--
          (i)  all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (8) of paragraph 2 of Schedule 5 to be given in respect of such a body as the donor of a recordable donation, and
          (ii)  the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
 
 
    and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.")
 
     Page 65, line 12, at end insert ("; and
    (b)  any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).")
 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 146, line 19, leave out ("Post Office regulations") and insert ("such reasonable terms and conditions as the universal service provider concerned may specify") 
     Page 146, line 20, leave out ("charge for postage") and insert ("any charge for postage which would otherwise be made by a universal service provider") 
     Page 146, line 23, leave out ("regulations") and insert ("terms and conditions") 
     Page 146, line 27, leave out ("those regulations") and insert ("any such terms and conditions") 
     Page 146, line 28, after first ("of") insert ("any such") 
     Page 146, line 31, leave out ("72 of the Post Office Act 1969 (remuneration of Post Office for") and insert ("200A of the Representation of the People Act 1983 (remuneration of universal service provider for free postal") 
     Page 146, line 33, leave out ("the Post Office") and insert ("a universal service provider") 
     Page 146, line 34, leave out ("the Post Office in pursuance of the Representation of the People Act 1983") and insert ("such a provider in pursuance of that Act") 
     Page 146, line 37, at end insert-- 
 
    (""universal service provider" has the same meaning as in the Postal Services Act 2000.")
2000 c. 26.
     Page 146, line 37, at end insert-- 
     ("(  )  If this paragraph comes into force at a time when the amendments made to section 91 of the Representation of the People Act 1983 by the Postal Services Act 2000 have not come into force, then until such time as those amendments come into force, this paragraph shall have effect subject to such modifications as may be specified in the order under section 151 of this Act which brings this paragraph into force.")2000 c. 26.
  
Clause 107
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 67, line 41, leave out subsections (1) and (2) and insert--
 
    ("(1)  This section applies where, in the case of any individual or body--
    (a)  either--
          (i)  property is transferred to the individual or body 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 individual or body 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 individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.
    (1A)  Where this section applies, an amount of referendum expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part, as incurred by the individual or body 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 individual or body 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 individual or body 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 68, line 26, leave out ("and") and insert ("or") 
     Page 68, line 33, leave out subsection (4) and insert--
 
    ("(4)  Where an amount of referendum expenses is treated, by virtue of subsection (1A), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the period which is, in relation to the referendum to which the expenses relate, the referendum period then--
    (a)  the amount mentioned in subsection (4A) shall be treated as incurred by or on behalf of the individual or body during the referendum period, and
    (b)  if a return falls to be prepared under section 115 in respect of referendum expenses incurred by or on behalf of the individual or body 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 referendum period.")
 
     Page 69, line 2, at end insert--
 
    ("(  )  Paragraph 2(3) and (4)(a) of Schedule 14 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to an individual or body.")
 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 31 July 2000