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

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Clause 110
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 69, line 31, after ("participant") insert ("during a referendum period") 
     Page 69, leave out lines 35 and 36 and insert ("not later than 21 days after the end of the referendum period.") 
     Page 69, line 37, leave out from ("paid") to end of line 38 and insert ("not later than 42 days after the end of the referendum period.") 
     Page 70, line 11, at end insert--
 
    ("(  )  Subsection (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that subsection.")
 
     Page 70, line 17, 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 permitted participant.")
 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 70, line 20, after ("participant") insert ("as mentioned in section 110(1)") 
     Page 70, line 24, leave out ("section 110(1)") and insert ("that provision") 
     Page 70, line 33, leave out subsection (3) 
     Page 70, line 37, leave out ("Subsections (4) to (7) of section 72") and insert ("For the purposes of this section--
    (a)  subsections (4) and (5) of section 110")
 
     Page 70, line 40, leave out (" 72(1)") and insert (" 110(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 110(4) as applied by paragraph (a) above.")
 
  
Clause 112
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 17, at end insert--
 
    ("(5)  Where--
    (a)  at any time before the beginning of any referendum period, any expenses within section 106(2)(a) are incurred by or on behalf of an individual or body 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 individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 106(2)(a) have constituted referendum expenses incurred by or on behalf of the individual or body during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section as referendum expenses incurred by or on behalf of the individual or body during that period.
 
    (6)  For the purposes of subsection (5) 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).")
 
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 27, leave out first ("treasurer") and insert ("responsible person") 
     Page 71, line 37, leave out ("company") and insert ("body") 
     Page 71, line 40, leave out ("company") and insert ("body") 
     Page 71, line 42, leave out ("company") and insert ("body") 
     Page 71, line 43, leave out from beginning to end of line 3 on page 72 
     Page 72, line 11, at end insert--
 
    ("(  )  Section 112(5) and (6) shall apply, for the purposes of this section, sections 115 to 118 and Schedule 13, in relation to an individual or body that has become a permitted participant as they apply for the purposes of section 112 in relation to an individual or body that is not a permitted participant.
 
    (  )  For the purposes of this section and sections 115 to 118 and Schedule 13, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.")
 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 152, line 39, leave out ("for an individual, company or unincorporated association") and insert ("in the case of a person or body") 
  
Clause 114
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 72, line 14, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 153, line 33, leave out ("other than registered parties") and insert ("that either are not registered parties or are minor parties") 
     Page 153, line 36, at end insert ("other than a minor party") 
     Page 153, line 38, leave out from ("donation") to end of line 39 and insert ("to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.") 
     Page 154, line 3, leave out ("directly or indirectly by") and insert ("by or on behalf of") 
     Page 154, line 17, after ("member") insert (", trustee") 
  
Clause 115
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 72, line 21, leave out ("officer") and insert ("person") 
     Page 72, line 34, leave out ("except where the permitted participant is a registered party,") and insert ("in a case where the permitted participant either is not a registered party or is a minor party,") 
     Page 72, line 43, leave out ("subsection (3) of that section") and insert ("section 107(4)") 
     Page 72, line 43, at end insert--
 
    ("(  )  Subsections (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.")
 
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 74, line 6, leave out from ("him") to end of line 9 
     Page 74, line 10, leave out ("the case of a permitted participant other than a registered party,") and insert ("a case where the permitted participant either is not a registered party or is a minor party,") 
  
Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 3, leave out from ("to") to ("which") in line 4 and insert ("any material") 
     Page 75, line 13, leave out (", displayed or distributed") 
     Page 75, line 25, leave out ("display or distribution") 
     Page 75, line 31, leave out from ("means") to end of line 34 and insert ("make available to the public at large, or any section of the public, in whatever form and by whatever means (and "publication" shall be construed accordingly);") 
  
After Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     ("  .--(1)  No material wholly or mainly relating to a referendum to which this Part applies shall be published during the referendum period unless--
    (a)  in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
    (b)  in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
    (2)  For the purposes of subsections (3) to (5) the following details are "the relevant details" in the case of any material falling within subsection (1)(a), namely--
    (a)  the name and address of the printer of the document;
    (b)  the name and address of the promoter of the material; and
    (c)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (3)  Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
 
    (4)  Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
 
    (5)  Where the material is an advertisement contained in a newspaper or periodical--
    (a)  the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
    (b)  the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
    (6)  The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely--
    (a)  the name and address of the promoter of the material; and
    (b)  the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
    (7)  Regulations under subsection (6) may in particular specify--
    (a)  the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
    (b)  circumstances in which--
          (i)  any such requirement does not have to be complied with by a person of any description specified in the regulations, or
          (ii)  a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
    (c)  circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
    (8)  Where during the referendum period any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))--
    (a)  the promoter of the material,
    (b)  any other person by whom the material is so published, and
    (c)  the printer of the document,
shall be guilty of an offence.
 
    (9)  Where during the referendum period any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))--
    (a)  the promoter of the material, and
    (b)  any other person by whom the material is so published,
shall be guilty of an offence.
 
    (10)  It shall be a defence for a person charged with an offence under this section to prove--
    (a)  that the contravention of subsection (1) arose from circumstances beyond his control; and
    (b)  that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
    (11)  In this section--
    print" means print by whatever means, and "printer" shall be construed accordingly;
    the promoter", in relation to any material falling within subsection (1), means the person causing the material to be published;
    publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means.")
Details to appear on referendum material.
  
Clause 121
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 121 stand part of the Bill. 
  
Clause 125
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 78, leave out lines 10 and 11 and insert-- 
 ("Control of donations to candidates.     71A.--(1)  In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)--
    (a)  by any person other than the candidate or his election agent, and
    (b)  for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
 
    (2)  Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
 
    (3)  A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.
 
    (4)  Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.
 
    (5)  In this section and that Schedule "property" includes any description of property, and references to the provision of property accordingly include the supply of goods."")
 
 
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