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

back to previous amendments
 
  
Before Schedule 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSFER OF FUNCTIONS OF BOUNDARY COMMISSIONs 
 PART I 
 AMENDMENTS OF PARLIAMENTARY CONSTITUENCIES ACT 1986 
 Preliminary 
     1.  The Parliamentary Constituencies Act 1986 shall be amended as follows.1986 c. 56.
 Duty to keep under review, and report on, parliamentary representation 
     2.--(1) Section 3 (reports of the Commissions) shall be amended as follows.
 
    (2)  In subsection (1), for the words from "Each Boundary Commission" to "the whole of that part" there shall be substituted "The Electoral Commission shall keep under review the representation in the House of Commons of each of England, Scotland, Wales and Northern Ireland and shall, in accordance with subsection (2) below, submit to the Secretary of State separate reports with respect to the whole of each of those parts".
 
    (3)  For subsection (2) there shall be substituted--
        (2)  Reports under subsection (1) with respect to a particular part of the United Kingdom shall be submitted by the Electoral Commission not less than eight nor more than twelve years from the date of the last report under that subsection with respect to that part of the United Kingdom."
    (4)  In subsection (2A), for "a Boundary Commission" there shall be substituted "the Electoral Commission".
 
    (5)  In subsection (3)--
    (a)  for "Any Boundary Commission" there shall be substituted "The Electoral Commission"; and
    (b)  for "the part of the United Kingdom with which they are concerned" there shall be substituted "any part of the United Kingdom".
    (6)  In subsection (4), for "a Boundary Commission" there shall be substituted "the Electoral Commission".
 
    (7)  In subsection (5)--
    (a)  for "a Boundary Commission" there shall be substituted "the Electoral Commission"; and
    (b)  for "the Commission are" there shall be substituted "the report is".
    (8)  In subsection (7)--
    (a)  for "a Boundary Commission under subsection (1) above" there shall be substituted "the Electoral Commission under subsection (1) above with respect to a particular part of the United Kingdom";
    (b)  for "of the Commission under subsection (1) above" there shall be substituted "under subsection (1) above with respect to that part of the United Kingdom"; and
    (c)  for "a Boundary Commission publishing" there shall be substituted "a Boundary Committee publishing under section 5 below".
    (9)  For the sidenote for section 3 there shall be substituted "Reports of the Electoral Commission."
 
    (10)  In section 3(2) and (7), as amended by this paragraph, any reference to a previous report under section 3(1) with respect to a particular part of the United Kingdom includes a reference to such a report which, at any time before the coming into force of this paragraph in relation to that part, was made with respect to that part by one of the Boundary Commissions constituted under the Act.
 
 Functions of Boundary Committees 
     3.  After section 3 there shall be inserted-- 
 Reviews and proposed recommendations by Boundary Committees.     3A.--(1)  Where the Electoral Commission intend to consider making a report under this Act ("the section 3 report") with respect to--
    (a)  a particular part of the United Kingdom, or
    (b)  any area comprised in a particular part of the United Kingdom,
the Boundary Committee for that part of the United Kingdom shall (subject to subsection (4) below) carry out a review in accordance with this Act for the purpose of enabling them to submit to the Electoral Commission proposals as to the recommendations to be included in the section 3 report.
 
    (2)  Once the Boundary Committee have carried out a review under subsection (1) above, they shall accordingly submit to the Electoral Commission a report containing the recommendations which the Committee propose should be included in the section 3 report in the light of the review.
 
    (3)  Where the Electoral Commission have received a report of a Boundary Committee under subsection (2) above, the Commission may--
    (a)  accept in full the proposed recommendations contained in that report and include them in the section 3 report;
    (b)  accept those proposed recommendations subject to modifications agreed with the Committee and include them, as so modified, in the section 3 report;
    (c)  reject those proposed recommendations and either--
          (i)  require the Committee to reconsider their proposed recommendations with a view to deciding whether to submit a further report under subsection (2) above containing different proposed recommendations,
          (ii)  require the Committee to carry out a fresh review under subsection (1) above with respect to the whole, or any specified part, of the area which was the subject of the original review, or
          (iii)  (in the case only of a review carried out for the purposes of a report under section 3(3) above) take no further action.
    (4)  A Boundary Committee shall, in or in connection with the exercise or performance of their powers or duties under this Act, comply with any directions given to them by the Commission (so far as consistent with the rules set out in paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7)).
 
    (5)  In this Act--
    (a)  Boundary Committee" means a Boundary Committee established by the Electoral Commission under section 13 of the Political Parties, Elections and Referendums Act 2000; and
    (b)  recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required."
 
 Implementation of Commission's reports 
     4. In section 4(1) (Orders in Council), for "the report of a Boundary Commission" there shall be substituted "a report of the Electoral Commission under this Act". 
 Notices relating to proposed reports or recommendations 
     5.  For section 5 there shall be substituted-- 
 Notices relating to proposed reports or recommendations.     5.--(1)  Where the Electoral Commission intend to consider making a report under this Act, they shall inform the Secretary of State accordingly by notice in writing; and a copy of the notice shall be published--
    (a)  in the London Gazette, if the report would be with respect to England or Wales (or an area comprised therein);
    (b)  in the Edinburgh Gazette, if the report would be with respect to Scotland (or an area comprised therein); and
    (c)  in the Belfast Gazette, if the report would be with respect to Northern Ireland (or an area comprised therein).
    (2)  Where a Boundary Committee have provisionally determined proposed recommendations affecting any constituency which they are minded to include in a report under section 3A(2) above, they shall publish in at least one newspaper circulating in the constituency a notice stating--
    (a)  the effect of the proposed recommendations and (except where their effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency; and
    (b)  that representations with respect to the proposed recommendations may be made to the Boundary Committee within one month after publication of the notice;
and the Boundary Committee shall take into consideration any representations duly made in accordance with any such notice.
 
    (3)  Where a Boundary Committee revise any proposed recommendations after publishing a notice of them under subsection (2) above, the Committee shall comply again with that subsection in relation to the revised recommendations, as if no earlier notice had been published.
 
    (4)  Where the Electoral Commission are minded to exercise in relation to a Boundary Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) above, they shall have regard to--
    (a)  any representations duly made with respect to the recommendations in accordance with a notice published under subsection (2) above; or
    (b)  (where they are minded to exercise any of those powers in relation to part only of the area subject to the Committee's review) any representations so made with respect to the recommendations so far as relating to that part of that area.
    (5)  Where a Boundary Committee's proposed recommendations affecting any constituency have been modified by the Electoral Commission under section 3A(3)(b) above, the Boundary Committee shall publish in at least one newspaper circulating in the constituency a notice stating the effect of those recommendations as so modified."
 
 Local inquiries 
     6.--(1)  Section 6 (local inquiries) shall be amended as follows.
 
    (2)  In subsection (1), for "A Boundary Commission" there shall be substituted "In connection with carrying out any review under section 3A(1) above a Boundary Committee".
 
    (3)  In subsection (2)--
    (a)  for "recommendation of a Boundary Commission" there shall be substituted "proposed recommendation of a Boundary Committee";
    (b)  for "the Commission", in both places, there shall be substituted "the Committee"; and
    (c)  for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".
    (4)  In subsection (3), for "Commission" there shall be substituted "Committee".
 
    (5)  After subsection (4) there shall be inserted--
        (4A)  Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act, the Committee shall take into consideration the findings of the inquiry.
        (4B)  Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act and the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) above, the Electoral Commission shall have regard to--
      (a)  the findings of the inquiry; or
      (b)  (where they are minded to exercise any of those powers in relation to part only of the area which was the subject of the Committee's review) the findings of the inquiry so far as relating to that part of that area."
    (6)  In subsections (5) to (7), for "Commission", wherever occurring, there shall be substituted "Committee".
 
 Rules for redistribution of seats 
     7.--(1)  Schedule 2 (rules for redistribution of seats) shall be amended as follows.
 
    (2)  In paragraph 1(4), for "the Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) the Boundary Committee".
 
    (3)  In paragraph 5, for "a Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) a Boundary Committee".
 
    (4)  In paragraph 6, for "A Boundary Commission" there shall be substituted "The Electoral Commission or (as the case may be) a Boundary Committee".
 
    (5)  In paragraph 7, for "a Boundary Commission" there shall be substituted "the Electoral Commission or (as the case may be) a Boundary Committee".
 
    (6)  In paragraph 8--
    (a)  the words "for which there is a Boundary Commission" shall be omitted; and
    (b)  for "report of a Boundary Commission" there shall be substituted "report of the Electoral Commission (or one made by a Boundary Committee for purposes of it)".
 
 PART II 
 AMENDMENTS OF OTHER ACTs 
 Government of Wales Act 1998 (c. 38) 
     8.  Schedule 1 to the Government of Wales Act 1998 (Assembly constituencies and Assembly regions) shall be amended as follows.
 
    9. For paragraph 4 there shall be substituted--
        4.--(1)  When the Boundary Committee for Wales ("the Committee") provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alterations in any parliamentary constituencies in Wales, the Committee shall consider whether any alteration--
      (a)  in the Assembly electoral regions, or
      (b)  in the allocation of seats to the Assembly electoral regions,
    would be required in order to give effect to the rules set out in paragraph 8.
        (2)  Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which, in the light of their consideration of the question mentioned in that sub-paragraph, the Committee propose should be included in the Electoral Commission's section 3 report in pursuance of paragraph 7.
        (3)  In section 3A of the 1986 Act--
      (a)  subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and
      (b)  in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 8.
        (4)  In this paragraph--
      the Boundary Committee for Wales" means the Committee of that name established by the Electoral Commission under section 13 of the Political Parties, Elections and Referendums Act 2000;
      the Electoral Commission's section 3 report" means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made."
    10.--(1)  Paragraph 5 (notices of proposed recommendations) shall be amended as follows.
 
    (2)  In sub-paragraph (1), for "paragraph 4, the Commission have provisionally determined to make" there shall be substituted "paragraph 4(1), the Committee have provisionally determined to propose (in pursuance of paragraph 4(2))".
 
    (3)  In sub-paragraph (2)--
    (a)  for "the Commission propose to recommend" there shall be substituted "their effect is"; and
    (b)  for "to the Commission" there shall be substituted "to the Committee".
    (4)  In sub-paragraphs (3) to (5), for "the Commission", wherever occurring, there shall be substituted "the Committee".
 
    (5)  After sub-paragraph (5) there shall be inserted--
        (5A)  Where the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above) they shall have regard to--
      (a)  any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or
      (b)  (where they are minded to exercise any of those powers in relation to part only of the Assembly electoral region) any representations so made with respect to the recommendations so far as relating to that part of the region.
        (5B)  Where the Committee's proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4(3) above), the Committee shall publish in at least one newspaper circulating in the Assembly electoral region a notice stating the effect of those recommendations as so modified."
    11.--(1)  Paragraph 6 (local inquiries) shall be amended as follows.
 
    (2)  In sub-paragraph (1) for "The Commission" there shall be substituted "For the purposes of this Schedule the Committee".
 
    (3)  In sub-paragraph (2)--
    (a)  for "the Commission", wherever occurring, there shall be substituted "the Committee"; and
    (b)  for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".
    (4)  In sub-paragraphs (3) and (5), for "the Commission", wherever occurring, there shall be substituted "the Committee".
 
    (5)  After sub-paragraph (5) there shall be added--
        (6)  Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.
        (7)  Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to--
      (a)  the findings of the inquiry; or
      (b)  (where, in the case of any Assembly electoral region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region."
    12.  In paragraph 7 (reports)--
    (a)  for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission";
    (b)  in sub-paragraph (1)(a), after "constituencies" there shall be inserted "in Wales"; and
    (c)  in sub-paragraph (1)(b), at the end there shall be added "relating to any constituency or constituencies in Wales."
    13.  In paragraph 8 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".
 
    14.  In paragraph 9(1) (Orders in Council), for "the Commission" there shall be substituted "the Electoral Commission".
 
    15.  In paragraph 10 (interpretation)--
    (a)  for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission"; and
    (b)  at the end there shall be added--
        (3)  Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission."
    16.  In paragraph 11 (definitions)--
    (a)  for the definition of "the Commission" there shall be substituted--
      the Committee" means the Boundary Committee for Wales (as defined by paragraph 4(4));"; and
    (b)  after that definition there shall be added--
      recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required."  
 
 Scotland Act 1998 (c. 46) 
     17.  Schedule 1 to the Scotland Act 1998 (constituencies, regions and regional members) shall be amended as follows.
 
    18. In paragraph 3 (reports of Boundary Commission for Scotland), for sub-paragraph (1) and the cross-heading preceding it there shall be substituted--
 
 Reports of Electoral Commission 
 
        3.--(1)  This paragraph applies where the Electoral Commission ("the Commission") submit a report to the Secretary of State under section 3(1) or (3) of the 1986 Act recommending any alteration in any parliamentary constituencies in Scotland."
    19. After paragraph 4 there shall be inserted--
 
 Proposed recommendations by Boundary Committee for Scotland 
 
        4A.--(1)  When the Boundary Committee for Scotland provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.
        (2)  Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission's section 3 report in the light of the Committee's consideration of the question mentioned in that sub-paragraph.
        (3)  In section 3A of the 1986 Act--
      (a)  subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and
      (b)  in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 7.
        (4)  In this paragraph--
      the Boundary Committee for Scotland" means the Committee of that name established by the Electoral Commission under section 13 of the Political Parties, Elections and Referendums Act 2000;
      the Electoral Commission's section 3 report" means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made."
    20.--(1)  Paragraph 5 (notices of proposed recommendations) shall be amended as follows.
 
    (2)  In sub-paragraph (1)--
    (a)  for "the Commission have provisionally determined to make" there shall be substituted "the Committee have provisionally determined to propose (in pursuance of paragraph 4A(2))";
    (b)  for "they propose to recommend" there shall be substituted "their effect is"; and
    (c)  for "to the Commission" and "the Commission shall" there shall be substituted "to the Committee" and "the Committee shall" respectively.
    (3)  In sub-paragraph (2), for "the Commission", wherever occurring, there shall be substituted "the Committee".
 
    (4)  After sub-paragraph (2) there shall be inserted--
        (3)  Where the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4A(3) above) they shall have regard to--
      (a)  any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or
      (b)  (where they are minded to exercise any of those powers in relation to part only of the region) any representations so made with respect to the recommendations so far as relating to that part of the region.
        (4)  Where the Committee's proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4A(3) above), the Committee shall publish in at least one newspaper circulating in the region a notice stating the effect of those recommendations as so modified."
    21.--(1)  Paragraph 6 (local inquiries) shall be amended as follows.
 
    (2)  In sub-paragraph (1) for "The Commission" there shall be substituted "For the purposes of this Schedule the Committee".
 
    (3)  In sub-paragraph (2)--
    (a)  for "the Commission", wherever occurring, there shall be substituted "the Committee"; and
    (b)  for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".
    (4)  In sub-paragraph (3), for "the Commission" there shall be substituted "the Committee".
 
    (5)  After sub-paragraph (5) there shall be added--
        (6)  Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.
        (7)  Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to--
      (a)  the findings of the inquiry; or
      (b)  (where, in the case of any region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region."
    22.  In paragraph 7 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".
 
    23.  In paragraph 8 (meaning of regional electorate)--
    (a)  in sub-paragraph (1), for "the Commission" there shall be substituted "the Electoral Commission"; and
    (b)  at the end there shall be added--
        (3)  Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission."
    24. After paragraph 8 there shall be added--
 
 Interpretation 
 
        9.  In this Schedule--
      the 1986 Act" means the Parliamentary Constituencies Act 1986;
      the Committee" means the Boundary Committee for Scotland (as defined by paragraph 4A(4));
      recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required."  ")
 
  
Clause 31
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     The Lord Bassam of Brighton gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill. 
  
Clause 32
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 20, line 27, leave out ("immediately before the appointed day") and insert ("at the commencement of this section") 
  
Clause 41
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 24, line 40, after ("than") insert ("7 days after") 
     Page 24, line 44, at end insert ("(unless the auditor was appointed by the Commission under section 39(4))") 
  
Clause 44
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 26, line 46, at end insert--
    ("(  )  for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 43(1).")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 110, line 43, at end insert--
 
    ("(2)  In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.")
 
     Page 111, line 41, leave out paragraph 9 and insert--
 
    ("9.--(1) Subject to sub-paragraph (2), section 44 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
 
    (2)  In its application in relation to any such unit--
    (a)  section 44(7) shall have effect with the omission of the reference to the registered leader of the party; and
    (b)  section 44(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.")
 
  
Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 27, line 25, at end insert--
    ("(aa)  any sponsorship provided in relation to the party (as defined by section (Sponsorship));")
 
     Page 27, line 28, leave out ("the party or a person acting on its behalf)") and insert ("or on behalf of the party)") 
     Page 27, line 36, leave out subsection (3) and insert--
 
    ("(3)  Where--
    (a)  any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and
    (b)  the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to subsection (3B)) constitute a gift to the party for the purposes of subsection (2)(a).
 
    (3A)  In determining--
    (a)  for the purposes of subsection (2)(d), whether any money lent to a registered party is so lent otherwise than on commercial terms, or
    (b)  for the purposes of subsection (2)(e), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of the loan or the provision of the property, services or facilities.
 
    (3B)  Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(aa) and by virtue of any other provision of this section, subsection (2)(aa) (together with section (Sponsorship)) shall apply in relation to it to the exclusion of the other provision of this section.")
 
     Page 28, line 1, leave out subsection (5) and insert--
 
    ("(  )  Except so far as a contrary intention appears, references to a registered party in the context of--
    (a)  the making of donations to, or the receipt or acceptance of donations by, a registered party, or
    (b)  any provision having effect for or in connection with determining what constitutes a donation to such a party,
shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.")
 
  
After Clause 46
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1) For the purposes of this Part sponsorship is provided in relation to a registered party if--
    (a)  any money or other property is transferred to the party or to any person for the benefit of the party, and
    (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
          (i)  to help the party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In subsection (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the party;
    (b)  the preparation, production or dissemination of any publication by or on behalf of the party; or
    (c)  any study or research organised by or on behalf of the party.
    (3)  The following do not, however, constitute sponsorship by virtue of subsection (1)--
    (a)  the making of any payment in respect of--
          (i)  any charge for admission to any conference, meeting or other event, or
          (ii)  the purchase price of, or any other charge for access to, any publication;
    (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication;
and subsection (1) also has effect subject to section 47(3).
 
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).
 
    (5)  In this section "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
Sponsorship.
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 28, line 39, at end insert--
 
    ("(3)  Nothing in section 46 or (Sponsorship) shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.")
 
  
Clause 48
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 29, line 1, at beginning insert ("the total value in monetary terms of") 
     Page 29, line 1, at end insert--
 
    ("(2A)  The value of any donation falling within section 46(2)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section (Sponsorship)(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
     Page 29, leave out paragraphs (a) and (b) and insert--
    ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of the loan or the provision of the property, services or facilities if--
          (i)  the loan had been made, or
          (ii)  the property, services or facilities had been provided,
 
 on commercial terms, and  
 
    (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party.")
 
     Page 29, line 13, leave out ("or (4)") 
     Page 29, line 19, leave out ("or (4)") 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 35, line 45, at end insert--
 
    ("(  )  For the purposes of subsections (4) to (7) as they apply in relation to any year--
    (a)  each payment to which section 50(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and
    (a)  each payment to which section 50(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;
and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.")
 
  
Clause 62
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 40, line 4, leave out ("section 57(3) to (12) and") 
  
Schedule 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 115, line 5, after ("2") insert (", 2A") 
     Page 115, line 40, at end insert--
    ("(aa)  any sponsorship provided in relation to the donee (as defined by paragraph 2A);")
 
     Page 115, line 41, leave out ("the donee or a person acting on his or its behalf)") and insert ("or on behalf of the donee)") 
     Page 115, leave out line 48 
     Page 116, line 1, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a regulated donee pursuant to any transaction or arrangement involving the provision by or on behalf of the donee of any property, services or facilities or other consideration of monetary value, and
    (b)  the total value in monetary terms of the consideration so provided by or on behalf of the donee is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to sub-paragraph (2B)) constitute a gift to the donee for the purposes of sub-paragraph (1)(a).
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c), whether any money lent to a regulated donee is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d), whether any property, services or facilities provided for the use or benefit of a regulated donee is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the donee in respect of the loan or the provision of the property, services or facilities.
 
    (2B)  Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(aa) and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A) shall apply in relation to it to the exclusion of the other provision of this paragraph.")
 
     Page 116, line 13, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a regulated donee if--
    (a)  any money or other property is transferred to the donee or to any person for the benefit of the donee, and
    (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
          (i)  to help the donee with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the donee, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the donee,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the donee, or
    (c)  any study or research organised by or on behalf of the donee.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--
    (a)  the making of any payment in respect of--
          (i)  any charge for admission to any conference, meeting or other event, or
          (ii)  the purchase price of, or any other charge for access to, any publication;
    (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
 
    (5)  In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
 
     Page 116, line 17, leave out ("or a referendum") 
     Page 116, line 40, at beginning insert ("the total value in monetary terms of") 
     Page 116, line 40, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 2A(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
     Page 116, leave out lines 43 to 46 and insert--
    ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the donee in respect of the loan or the provision of the property, services or facilities if--
          (i)  the loan had been made, or
          (ii)  the property, services or facilities had been provided,
 
 on commercial terms, and  
 
    (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the donee")
 
     Page 116, line 47, leave out sub-paragraph (4) 
     Page 117, line 1, leave out ("or (4)") 
  
Clause 67
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 42, line 21, leave out ("either") 
     Page 42, line 23, leave out from ("purposes") to end of line 26 
     Page 43, line 19, leave out subsection (9) and insert--
 
    ("(  )  Where a registered party is a party with accounting units--
    (a)  expenses incurred or to be incurred by or on behalf of any accounting unit of the party shall be regarded as expenses incurred or to be incurred by or on behalf of the party, and
    (b)  references to campaign expenditure incurred or to be incurred by or on behalf of a registered party accordingly extend, in relation to the party, to expenses which constitute such expenditure by virtue of paragraph (a).")
 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 123, leave out lines 32 to 42 
     Page 123, line 43, leave out from beginning to end of line 3 on page 124 and insert--
 
    ("(11)  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with an election campaign.
 
    Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the election campaign is being conducted.")
 
     Page 124, line 5, leave out ("attract national publicity") and insert ("obtain publicity in connection with an election campaign") 
     Page 124, line 8, leave out ("prominent") 
     Page 124, line 8, after ("events") insert (", the hire of premises for the purposes of such events") 
     Page 124, leave out sub-paragraphs (13) and (14) 
     Page 124, line 27, leave out ("permanent staff") and insert ("staff (whether permanent or otherwise)") 
     Page 124, line 28, leave out ("reasonable") 
     Page 124, line 30, at end insert ("to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.") 
     Page 124, line 31, leave out from beginning to end of line 28 on page 125 
     Page 125, leave out lines 34 to 39 and insert ("as to the kinds of expenses which do, or do not, fall within Part I of this Schedule") 
     Page 126, line 27, leave out ("or II") 
  
Clause 68
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 44, line 25, leave out subsection (7) and insert--
 
    ("(7)  In subsections (1), (1B), (1C) and (3) any reference to anything done by or in relation to a registered party includes a reference to anything done by or in relation to any accounting unit of the party; and section 46(4) and (6)(a) shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a registered party or to any such unit.")
 
  
Clause 70
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 45, line 24, at end insert--
 
    ("(  )  Where any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 74 to 78 or Schedule 8 as campaign expenditure incurred by or on behalf of the party.")
 
  
Clause 73
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 47, line 32, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 48, line 11, leave out ("any campaign") and insert ("the") 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 130, line 43, after ("period") insert ("for the purposes of this paragraph") 
     Page 131, line 1, leave out ("(except in the context of a period mentioned in sub-paragraph (1))") 
     Page 131, line 23, after ("period") insert ("for the purposes of this sub-paragraph") 
  
Clause 76
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 49, line 32, leave out ("an auditor appointed") and insert ("the appointment of an auditor") 
  
Clause 83
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 53, line 33, leave out paragraphs (a) to (c) and insert ("the third party is--
    (a)  an individual resident in the United Kingdom or registered in an electoral register (as defined by section 49(8)),
    (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 41, at end insert ("or (if he has no such address in the United Kingdom) his home address elsewhere") 
     Page 54, line 18, leave out ("relevant notification date") and insert ("date on which it is received by the Commission") 
     Page 55, line 4, leave out subsection (9) 
  
Clause 85
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 55, line 28, at end insert--
 
    ("(  )  Where, in the case of a recognised third party that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 89 to 94 or Schedule 9 as controlled expenditure incurred by or on behalf of the recognised third party.")
 
  
Clause 88
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 57, line 19, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
  
Schedule 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 138, line 28, after ("period") insert ("for the purposes of this paragraph") 
     Page 138, line 36, leave out ("(except in the context of a period mentioned in sub-paragraph (2))") 
     Page 139, line 16, after ("period") insert ("for the purposes of this sub-paragraph") 
  
Schedule 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 142, line 23, after ("2") insert (", 2A") 
     Page 142, line 27, at end insert--
    ("(aa)  any sponsorship provided in relation to the recognised third party (as defined by paragraph 2A);")
 
     Page 142, line 28, leave out ("a recognised third party or a person authorised to act on its behalf)") and insert ("or on behalf of the recognised third party)") 
     Page 142, leave out line 36 
     Page 142, line 40, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a recognised third party pursuant to any transaction or arrangement involving the provision by or on behalf of the recognised third party of any property, services or facilities or other consideration of monetary value, and
    (b)  the total value in monetary terms of the consideration so provided by or on behalf of the recognised third party is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to sub-paragraph (2B)) constitute a gift to the recognised third party for the purposes of sub-paragraph (1)(a).
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c), whether any money lent to a recognised third party is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d), whether any property, services or facilities provided for the use or benefit of a recognised third party is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities.
 
    (2B)  Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(aa) and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A) shall apply in relation to it to the exclusion of the other provision of this paragraph.")
 
     Page 143, line 8, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a recognised third party if--
    (a)  any money or other property is transferred to the recognised third party or to any person for the benefit of the recognised third party, and
    (b)  the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--
          (i)  to help the recognised third party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the recognised third party, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the recognised third party,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the recognised third party, or
    (c)  any study or research organised by or on behalf of the recognised third party.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--
    (a)  the making of any payment in respect of--
          (i)  any charge for admission to any conference, meeting or other event, or
          (ii)  the purchase price of, or any other charge for access to, any publication;
    (b)  the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
    (4)  The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
 
    (5)  In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).")
 
     Page 143, line 19, after ("2(1)(a)") insert ("(other than money)") 
     Page 143, line 24, at beginning insert ("the total value in monetary terms of") 
     Page 143, line 24, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 2A(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
     Page 143, leave out lines 27 to 30 and insert--
    ("(a)  the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities if--
          (i)  the loan had been made, or
          (ii)  the property, services or facilities had been provided,
 
 on commercial terms, and  
 
    (b)  the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the recognised third party.")
 
     Page 143, line 31, leave out sub-paragraph (4) 
     Page 143, line 34, leave out ("or (4)") 
     Page 145, line 13, leave out ("relevant donation") and insert ("recognised third party") 
     Page 145, line 34, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Clause 100
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 63, line 43, at end insert ("resident in the United Kingdom or registered in an electoral register (as defined by section 49(8))") 
  
Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 64, line 27, at end insert ("or (if he has no such address in the United Kingdom) his home address elsewhere") 
 
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