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

back to previous amendments
 
     Page 65, line 13, leave out subsection (7) and insert--
 
    ("(  )  In this section and sections 103 and 104 "outcome", in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.")
 
  
Clause 103
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 66, line 12, leave out subsection (5) 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 148, line 13, at end insert ("for the purposes of this sub-paragraph") 
  
Clause 106
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 67, line 25, leave out ("either") 
     Page 67, line 27, leave out from ("purposes") to end of line 30 
  
Schedule 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 149, line 16, leave out ("120(1)") and insert ("120") 
     Page 149, line 24, leave out sub-paragraphs (7) to (10) 
     Page 149, leave out sub-paragraph (11) and insert--
 
    ("(11)  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum 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 campaign is being conducted.")
 
     Page 149, line 42, leave out ("attract national publicity") and insert ("obtain publicity in connection with a referendum campaign") 
     Page 149, line 45, leave out ("prominent") 
     Page 149, line 45, after ("events") insert (", the hire of premises for the purposes of such events") 
     Page 149, line 47, leave out sub-paragraphs (13) and (14) 
     Page 150, line 8, leave out ("permanent staff") and insert ("staff (whether permanent or otherwise)") 
     Page 150, line 9, leave out ("reasonable") 
     Page 150, line 11, 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 150, line 12, leave out from beginning to end of line 12 on page 151 
     Page 151, leave out lines 18 to 23 and insert ("as to the kinds of expenses which do, or do not, fall within Part I of this Schedule") 
     Page 152, line 11, leave out ("or II") 
  
Clause 108
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 69, line 10, at end insert--
 
    ("(  )  Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 112 to 118 or Schedule 13 as referendum expenses incurred by or on behalf of the permitted participant.")
 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 70, line 40, after ("claim") insert ("(whether it is disputed or otherwise) which is") 
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 28, leave out ("any") and insert ("the") 
     Page 71, line 39, leave out ("any") and insert ("the") 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 152, line 18, leave out paragraph 1 
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 153, line 40, after ("2") insert (", 2A") 
     Page 153, line 44, at end insert--
    ("(aa)  any sponsorship provided in relation to the permitted participant (as defined by paragraph 2A);")
 
     Page 154, line 1, leave out from ("by") to ("expenses") in line 2 and insert ("or on behalf of the permitted participant) in paying any referendum") 
     Page 154, leave out line 9 
     Page 154, line 13, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant 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 permitted participant 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 permitted participant 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 permitted participant 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 permitted participant 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 permitted participant 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 154, line 26, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a permitted participant if--
    (a)  any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, 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 permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, 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 permitted participant,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or
    (c)  any study or research organised by or on behalf of the permitted participant.
    (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 154, line 42, after ("2(1)(a)") insert ("(other than money)") 
     Page 154, line 47, at beginning insert ("the total value in monetary terms of") 
     Page 154, line 47, 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 154, line 50, leave out from beginning to end of line 3 on page 155 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 permitted participant 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 permitted participant")
 
     Page 155, line 4, leave out sub-paragraph (4) 
     Page 155, line 7, leave out ("or (4)") 
     Page 157, line 8, after ("donor") insert ("(whether or not falling within paragraph (a))") 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 158, line 4, at end insert--
 
    ("(  )  In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.")
 
     Page 158, line 5, after ("2") insert (", 2A") 
     Page 158, line 13, at end insert--
    ("(aa)  any sponsorship provided in relation to the candidate (as defined by paragraph 2A below);")
 
     Page 158, line 21, leave line 22 
     Page 158, line 23, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where--
    (a)  any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate 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 candidate 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) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above.
 
    (2A)  In determining--
    (a)  for the purposes of sub-paragraph (2)(c) above, whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or
    (b)  for the purposes of sub-paragraph (2)(d) above, whether any property, services or facilities provided for the use or benefit of a candidate 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 candidate 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) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(aa) (together with paragraph 2A below) shall apply in relation to it to the exclusion of the other provision of this paragraph.
 
    (2C)  The reference in sub-paragraph (1)(b) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(b) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.")
 
     Page 158, line 31, at end insert-- 
 ("Sponsorship 
     2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if--
    (a)  any money or other property is transferred to the candidate or to any person for the benefit of the candidate, 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 candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
          (ii)  to secure that to any extent any such expenses are not so incurred.
    (2)  In sub-paragraph (1) above "defined expenses" means expenses in connection with--
    (a)  any conference, meeting or other event organised by or on behalf of the candidate,
    (b)  the preparation, production or dissemination of any publication by or on behalf of the candidate, or
    (c)  any study or research organised by or on behalf of the candidate.
    (3)  The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above--
    (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) above.
 
    (5)  Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
 
    (6)  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 158, line 45, after ("above") insert ("(other than money)") 
     Page 159, line 1, at beginning insert ("the total value in monetary terms of") 
     Page 159, line 2, at end insert--
 
    ("(2A)  The value of any donation falling within paragraph 2(1)(aa) above 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) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.")
 
     Page 159, leave out lines 5 to 8 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 candidate or his election agent 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 candidate or his election agent")
 
     Page 159, line 9, leave out sub-paragraph (4) 
     Page 159, line 13, leave out ("or (4)") 
  
Clause 127
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 79, line 40, leave out ("expenses which") and insert ("facilities in respect of which expenses") 
  
Clause 129
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 83, line 42, at end insert-- 
 ("Incapacity to hold public or judicial office in Scotland.     173A.--(1) Subject to section 174 below, a person convicted of a corrupt practice--
    (a)  shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
    (b)  if already holding such an office, shall vacate it as from that date.
    (2)  Subsection (1) above applies in addition to--
    (a)  any incapacity or other requirement applying to the person by virtue of section 173 above, and
    (b)  any punishment imposed on him under section 168 above."  ")
 
  
Schedule 16
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 162, line 9, at end insert--
 
    ("  .--(1) For section 137 there shall be substituted--
 
 Petition at issue.     137.--(1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.
 
    (2)  In this section "the relevant time" means--
    (a)  where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
    (b)  in any other case, the time when--
          (i)  the time prescribed for the making of objections under section 136(4) above expires, or
          (ii)  if such an objection is made, that objection is disallowed or removed,
 
 whichever happens later."  
     (2)  The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.
 
    . In section 138(1) (list of petitions) the words from ", a copy of which" onwards shall be omitted.")
 
     Page 162, line 10, at end insert--
 
    ("(2)  The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland.")
 
     Page 162, line 14, leave out paragraph 5 and insert--
 
    ("  . In section 159 (candidate reported guilty of corrupt or illegal practice)--
    (a)  subsection (2) shall be omitted, and
    (b)  for subsection (3) there shall be substituted--
        (3)  A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland--
      (a)  for ten years, if reported personally guilty of a corrupt practice,
      (b)  for three years, if reported guilty by his agents of a corrupt practice, or
      (c)  during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
    and if at the date of the report he holds any such office, then the office shall be vacated as from that date."  ")
 
     Page 162, line 29, at end insert ("as from the date of the report") 
     Page 162, line 35, at end insert--
        ("(5A)  Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice--
      (a)  shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and
      (b)  if already holding such an office, shall vacate it as from that date."")
 
     Page 162, line 38, at end insert ("or to any public office in Scotland"") 
     Page 162, leave out line 44 and insert--
    ("(b)  in the definition of "public office" for " "public office" means any office--" substitute " "public office" in relation to Scotland means any office held in Scotland--".")
 
  
After Clause 134
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause--
 
    ("  .  For section 93 of the Representation of the People Act 1983 there shall be substituted--
 
 Broadcasting of local items during election period.     93.--(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.Broadcasting of local items during election period.
1983 c.2.
      (2)  The code for the time being adopted by a broadcasting authority under this section shall be either--
    (a)  a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
    (b)  a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
 
    (3)  Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
 
    (4)  The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
 
    (5)  For the purposes of subsection (1) "the election period", in relation to an election, means the period beginning--
    (a)  (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced,
 
  
    (b)  (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
    (c)  (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
 
    (6)  In this section--
    broadcasting authority" means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;
    candidate", in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
    relevant services"--
          (a)  in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
1975 c. 66.
  
          (b)  in relation to the Independent Television Commission, means services licensed under Part I of the Broadcasting Act 1990 or Part I of the Broadcasting Act 1996; and
1990 c. 42.
1996 c. 55.
  
          (c)  in relation to the Radio Authority, means services licensed under Part III of the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996."  ")
1990 c. 42.
1996 c. 55.
  
Clause 146
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 95, line 4, leave out ("15(6)") and insert ("(Transfer of functions of Boundary Commissions)(3)") 
     Page 95, line 7, at end insert--
    ("(  )  section (Sponsorship)(4),")
 
     Page 95, line 12, at end insert--
    ("(  )  paragraph 2A(4) of Schedule 6,")
 
     Page 95, line 13, leave out ("or paragraph 7 of Schedule 12,") and insert--
    ("(  )  paragraph 2A(4) of Schedule 10,
    (  )  paragraph 7 of Schedule 12,")
 
     Page 95, line 14, at end insert ("; or
    (  (  )  paragraph 2A(4) of Schedule 14;")
 
  
Clause 148
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 95, line 39, leave out subsection (4) 
  
After Clause 150
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
      ("  .--(1) This section has effect for the purposes of the provisions of this Act relating to donations.
 
    (2)  Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description--
    (a)  the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and
    (b)  a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.
    (3)  Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description ("the donee"), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.
 
    (4)  The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).
 
    (5)  Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.")
Interpretation: donations.
  
Clause 151
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 97, line 13, leave out ("Apart from the provisions mentioned in subsection (3),") and insert ("Subject to subsections (3) and (3A),") 
     Page 97, line 16, leave out ("provisions referred to in subsection (2) are") and insert ("following provisions come into force on the day on which this Act is passed") 
     Page 97, line 18, at end insert ("and paragraph 10(1) and (4) of Schedule 20,") 
     Page 97, line 19, after ("section") insert ("and Part II of Schedule (Transitional provisions)") 
     Page 97, line 21, at end insert--
 
    ("(3A)  The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed--
    (a)  section 32,
    (b)  Part I of Schedule (Transitional provisions), and
    (c)  any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.")
 
     Page 97, line 29, at end insert--
 
    ("(  )  The transitional provisions contained in Schedule (Transitional provisions) shall have effect.")
 
     Page 97, line 32, after (" 11") insert ("and paragraphs 12 and 13 of Schedule (Transitional provisions)") 
  
Schedule 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 177, line 22, at end insert--
 
    ("(  )  In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute--
        (3)  A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if--
      (a)  the services or expenses are of a kind specified in regulations made by the Electoral Commission ("the Commission") with the consent of the Treasury; and
      (b)  the charges are reasonable.
        (4)  Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.
        (5)  In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied--
      (a)  that it was reasonable for the returning officer concerned to render the services or incur the expenses; and
      (b)  that the charges in question are reasonable.
        (6)  Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.
        (7)  The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.
        (8)  Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.
        (9)  On the returning officer's request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.
        (10)  The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer's charges.
        (11)  Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund."
 
 
        (  )  In section 47(1) (loan of equipment for local elections), for "the Secretary of State" substitute "the Electoral Commission".")
 
     Page 177, line 22, at end insert--
        ("(  )  In section 52 (discharge of registration duties), after subsection (1) insert--
        (1A)  Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify--
      (a)  the software which is to be used in connection with the maintenance of the registers in that form;
      (b)  the standards in accordance with which that software is to be maintained and updated;
      (c)  how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form."  ")
 
     Page 177, line 24, at end insert--
 
    ("(  )  In section 201 (regulations)--
    (a)  in subsection (1), omit the words from "and except" to "section 29(8)";
    (b)  in subsection (2), for "section 29(8)" substitute "section 110(7)";
    (c)  after subsection (2) insert--
        (2A)  Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."; and
    (d)  in subsection (3), after "the Secretary of State" insert ", or the Electoral Commission (in the case of any regulations made by them),".  ")
 
     Page 177, line 34, at end insert-- 
 ("Representation of the People Regulations 1986 (S.I. 1986/1081)and Representation of the People (Scotland) Regulations 1986(S.I. 1986/1111) 
     .--(1) In regulation 99 of the Representation of the People Regulations 1986 and in regulation 97 of the Representation of the People (Scotland) Regulations 1986 (modification of provisions about expenses in the Act of 1983)--
    (a)  in paragraph (1), for "subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29" substitute "subsections (3), (4), (5), (6), (7), (9) and (10) of section 29"; and
    (b)  in paragraph (3), for "the Secretary of State" substitute "the Electoral Commission".
    (2)  The amendments made by sub-paragraph (1) shall not be taken to prejudice the power to make regulations varying or revoking the amended provisions.")
 
  
Schedule 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 181, line 12, column 3, at end insert-- 
 ("In section 138(1), the words from ", a copy of which" onwards.") 
     Page 181, line 15, column 3, leave out ("to (4)") 
     Page 181, leave out lines 18 to 20 
     Page 181, line 20, column 3, at end insert-- 
 ("In section 201(1), the words from "and except" to "section 29(8)".") 
     Page 181, line 26, column 3, at end insert-- 
 ("In Schedule 4, paragraph 35.")  
     Page 181, line 29, column 3, at end insert-- 
 ("In Schedule 2, in paragraph 8, the words "for which there is a Boundary Commission".")  
     Page 181, line 32, at end insert-- 
 ("1991 c. 11.
Representation of the People Act 1991.
The whole Act.")
 
     Page 181, line 38, column 3, leave out from ("2(1)") to end of line 42 and insert ("to (3).") 
     Page 181, line 43, at end insert-- 
 ("1996 c. 55.
Broadcasting Act 1996.
In Schedule 10, paragraph 29, and in paragraph 30 "or 29".")
 
     Page 181, line 52, at end insert-- 
 ("1999 c. 29.
Greater London Authority Act 1999.
In Schedule 3, paragraphs 16, 19(4), 21, 24(5), 28, 31 and 35.
{jf214}2000 c. 2.
Representation of the People Act 2000.
In Schedule 6, paragraph 4.")
 
  
After Schedule 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONs 
 PART I 
 TRANSFER OF REGISTRATION OF EXISTING REGISTERED PARTIES 
 Interpretation of Part I 
     1. In this Part of this Schedule-- 
 
    the 1998 Act" means the Registration of Political Parties Act 1998;
    the appointed day" means the appointed day for the purposes of Part II of this Act;
    the compliance period" means the period of six weeks beginning with the initial date;
    emblem", in relation to a party, means an emblem to be used by the party on ballot papers;
    the initial date" means the date falling 14 days after the day on which this Act is passed;
    the new registers" means the Great Britain register and the Northern Ireland register.
1998 c. 48.
 Declaration for purposes of section 25 
     2.--(1) This paragraph applies to any party registered under the 1998 Act on the initial date.
 
    (2)  Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 25(1A).
 
    (3)  In connection with any such declaration, any reference in section 25(1A) or (1B) to a party's applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).
 
    (4)  Where the party sends the Commission a declaration falling within section 25(1A)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party--
    (a)  such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;
    (b)  a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and
    (c)  a notification as to whether the party wishes--
          (i)  any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,
          (ii)  any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).
    (5)  For the purposes of sub-paragraph (4)(b) any one of the following, namely "Northern Ireland", "Northern Irish", "Ulster", "Ireland" or "Irish" may be added to a party's existing registered name, at such point as the party may specify in its notification.
(a)  such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or
 
 
    (b)  the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),
whichever is the earlier.
 
    (5)  If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)--
    (a)  the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and
    (b)  the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 23.
    (6)  Sections 27(1)(d) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.
 
 Failure to comply with paragraph 2 or 3 
     5.--(1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely--
    (a)  any declaration required under paragraph 2(2);
    (b)  any information or notification required under paragraph 2(4);
    (c)  any document required under paragraph 3(2);
    (d)  any notification required under paragraph 3(3).
    (2)  In this paragraph--
    (a)  the outstanding material" means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;
    (b)  the transitional period" means the period of three months beginning immediately after the end of the compliance period;
    (c)  the protected period" means the period beginning with the appointed day and ending--
          (i)  at the end of the transitional period, or
          (ii)  in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.
    (3)  During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party's registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).
 
    (4)  However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.
 
    (5)  During the protected period sections 25(2) and 26(2) shall have effect as if--
    (a)  the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and
    (b)  any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.
    (6)  In a case where sub-paragraph (4) applies--
    (a)  section 23(5) and (6) shall apply in connection with the approval of the party's draft scheme by the Commission; and
    (b)  paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.
 
 Exercise of functions by person appointed as Commission's chief executive 
     6. In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission's chief executive under paragraph 11(7) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed. 
 Termination of registration functions of registrar of companies 
     7.--(1) The registration functions of the registrar under the 1998 Act shall terminate on the initial date.
 
    (2)  Accordingly, as from that date, the registrar shall not--
    (a)  make any new entry in his register, or
    (b)  alter or remove any entry already contained in his register,
and no application or notice may be made or given to him under any provision of that Act.
 
    (3)  Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.
 
    (4)  Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party's registration under that Act shall not lapse at any such time by virtue of that section.
 
    (5)  The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act--
    (a)  is held by the registrar in connection with the registration of the party under that Act, but
    (b)  is not contained in the party's entry in his register,
the registrar shall provide the Commission with that information in order that it may be held by them, as from the appointed day, in connection with the registration of the party in one or other of the new registers.
 
    (6)  In this paragraph "the registrar" means the registrar of companies (within the meaning of Part II of this Act), and any reference to "his" register is a reference to the register maintained by the registrar under the 1998 Act.
 
 PART II 
 OTHER TRANSITIONAL PROVISIONs 
 Appointment of Electoral Commissioners 
     8. For the purposes of section 3(2)--
    (a)  any agreement to a proposed motion for an Address under section 3(1) which has been signified by the Speaker of the House of Commons before the day on which this Act is passed shall be as effective as if signified on or after that day; and
    (b)  any consultation with respect to such a motion which has been carried out before that day with such a person as is mentioned in section 3(2)(b) shall be as effective as if carried out on or after that day.
 
 Orders specifying organisations which are not to count as accounting units 
     9. The requirement in section 23(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed. 
 Orders prohibiting use of certain words in parties' registered names 
     10. The requirement in section 25(2)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed. 
 Confirmation of registered particulars 
     11.--(1) This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.
 
    (2)  The treasurer of the party shall deliver to the Commission a notification which--
    (a)  complies with the requirements of section 28(2) and (3) (as modified by sub-paragraphs (3) and (4)), and
    (b)  is accompanied by any fee prescribed by order made by the Secretary of State,
within the period beginning one month before and ending three months after the first anniversary of the appointed day.
 
    (3)  In the application of section 28(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.
 
    (4)  In the application of section 28(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.
 
    (5)  If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 43(1)(b).
 
    (6)  It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.
 
    (7)  Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 28(4)(b), as a notification given under section 28.
 
    (8)  In this paragraph "the appointed day" means the appointed day for the purposes of Part II of this Act.
 
 Control of political donations by companies 
     12.--(1) The provisions of Part XA of the Companies Act 1985 inserted by section 132(1) of this Act shall not apply to a company (within the meaning of that Act) in relation to any time falling before the relevant date for the company.
 
    (2)  For the purposes of this paragraph the relevant date for a company is--
    (a)  if an annual general meeting of the company is held within the first commencement year, the date of that meeting; and
    (b)  otherwise, the date immediately following the end of that year.
    (3)  In sub-paragraph (2) "the first commencement year" means the period of 12 months beginning with the date of the commencement of section 132(1).
1985 c. 6.
 Disclosure of political donations and expenditure in directors' report 
     13. The provisions of Schedule 7 to the Companies Act 1985 substituted by section 133 of this Act shall, in the case of any company (within the meaning of that Act), apply only in relation to directors' reports for financial years beginning on or after the first anniversary of the date which is the relevant date for the company for the purposes of paragraph 12.")1985 c. 6.
 
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