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

back to previous amendments
 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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.") 
     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.")
 
     Page 158, line 14, leave out ("as permitted by section 73 above)") and insert ("by the candidate, his election agent or any sub-agent)") 
     Page 158, line 15, leave out from ("by") to end of line 16 and insert ("or on behalf of the candidate;") 
     Page 158, line 19, leave out ("goods,") 
     Page 159, line 7, leave out ("goods,") 
     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.")
 
     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.")
 
     Page 160, line 47, leave out ("or to the treasurer of a registered party") 
     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).")
 
     Page 161, line 5, leave out ("prepared") and insert ("delivered") 
  
Before Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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
 
     Page 78, leave out lines 21 to 24 and insert ("or on behalf of a candidate at an election") 
     Page 78, line 31, leave out from ("by") to ("must") in line 33 and insert ("or on behalf of any of those candidates") 
  
After Clause 126
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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.
1983 c. 2.
 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.")1998 c. 46.
  
Clause 127
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 80, line 4, at end insert--
        ("(4A)  For the purposes of this Part of this Act--
      (a)  election expenses are incurred by or on behalf of a candidate at an election if they are incurred--
            (i)  by the candidate or his election agent, or
            (ii)  by any person authorised by the candidate or his election agent to incur the expenses; and
      (b)  any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of subsection (1) and (2) above fall to be regarded as election expenses.")
 
     Page 80, line 5, after ("reference") insert ("(in whatever terms)") 
     Page 80, line 24, leave out from beginning to end of line 9 on page 81 and insert-- 
 ("Property, goods, services etc. provided free of charge or at a discount.     90C.--(1)  This section applies where, in the case of a candidate at an election-- 
  
    (a)  either--
 
   
  
          (i)  property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or
          (ii)  property, goods, services or facilities is or are provided for the use or benefit of the candidate 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 goods, services or facilities, and
    (b)  the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
    (1A)  Where this section applies--
    (a)  an amount of election expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
    (b)  the candidate's election agent shall make a declaration of that amount,
unless that amount is less than £50.
 
    This subsection has effect subject to section 90A(3) above.
 
    (1B)  Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either--
    (a)  the market value of the property or goods (where the property or goods is or are transferred free of charge), or
    (b)  the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.
 
    (1C)  Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either--
    (a)  the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, 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 candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.")
 
     Page 81, line 11, after ("use") insert ("or benefit") 
     Page 81, leave out lines 19 to 26 
     Page 81, line 28, after ("property") insert ("or goods") 
     Page 81, line 29, after ("property") insert ("or goods") 
     Page 81, line 30, at end insert ("; and paragraph 2(3)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent."") 
     Page 81, line 30, at end insert-- 
 ("Modification of sections 90A to 90C in relation to election of London members of the London Assembly.     90D.--(1)  Sections 90A to 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.
 
    (2)  In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election--
    (a)  references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and
    (b)  for the purposes of the candidate's election" shall (instead of having the meaning given by section 90A(4) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.
    (3)  Section 90A above shall have effect with the substitution of the following subsection for subsection (5)--
 
    (5)  In this Part, and in Part III of this Act, any reference (in whatever form) to promoting or procuring a candidate's election at an election, or to promoting or procuring electoral success for a party, includes doing so by prejudicing the electoral prospects of other candidates or parties at the election."."  ")
 
  
Clause 128
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 81, leave out lines 36 to 47 and insert--
      ("""candidate" shall be construed in accordance with section 118A below;".
        (  )  After section 118 of that Act there shall be inserted--
 
 Meaning of candidate.     118A.--(1)  References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).
        (2)  A person becomes a candidate at a parliamentary election--
      (a)  on the date of--
            (i)  the dissolution of Parliament, or
            (ii)  in the case of a by-election, the occurrence of the vacancy,
 
 
    in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and
 
  
      (b)  otherwise, on the day on which he is so declared by himself or others or on which he is nominated as a candidate at the election (whichever is the earlier).
        (3)  A person becomes a candidate at an election under the local government Act--
      (a)  on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and
      (b)  otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),
    or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party."")
 
     Page 82, line 1, leave out ("amendment made by this section does") and insert ("amendments made by this section do") 
 
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