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

back to previous amendments
 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 55, line 41, at end insert ("or receipt") 
     Page 55, line 42, leave out from ("payment") to end of line 2 on page 56 
  
Clause 75
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 56, line 9, leave out (", together with the relevant invoice,") 
  
Clause 89
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 67, line 19, at end insert ("or receipt") 
     Page 67, line 20, leave out from ("payment") to end of line 22 
  
Clause 90
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 67, line 29, leave out (", together with the relevant invoice,") 
  
Clause 92
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 69, line 37, at end insert--
 
    ("(5A)  Where--
    (a)  during a regulated period any controlled expenditure is incurred in a particular part of the United Kingdom by or on behalf of a third party, and
    (b)  the expenditure is so incurred in pursuance of a plan or other arrangement whereby controlled expenditure is to be incurred by or on behalf of--
          (i)  that third party, and
          (ii)  one or more other third parties,
 
 respectively in connection with the production or publication of election material which can reasonably be regarded as intended to achieve a common purpose falling within section 83(3),  
 the expenditure mentioned in paragraph (a) shall be treated for the purposes of this section and Schedule 10 as having also been incurred, during the period and in the part of the United Kingdom concerned, by or on behalf of the other third party (or, as the case may be, each of the other third parties) mentioned in paragraph (b)(ii).
 
    (5B)  Subsection (5A) applies whether or not any of the third parties in question is a recognised third party.")
 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 175, line 48, leave out ("(2)(d)") and insert ("(1)(d)") 
     Page 176, line 1, leave out ("(2)(e)") and insert ("(1)(e)") 
     Page 178, line 12, leave out sub-paragraph (2) and insert--
 
    ("(2)  For the purposes of this Schedule, any relevant donation received by a recognised third party which is an exempt trust donation shall be regarded as a relevant donation received by the recognised third party from a permissible donor.
 
    (2A)  But, for the purposes of this Schedule, any relevant donation received by a recognised third party from a trustee of any property (in his capacity as such) which is not--
    (a)  an exempt trust donation, or
    (b)  a relevant donation transmitted by the trustee to the recognised third party on behalf of beneficiaries under the trust who are--
          (i)  persons who at the time of its receipt by the recognised third party are permissible donors falling within section 52(2), or
          (ii)  the members of an unincorporated association which at that time is such a permissible donor,
shall be regarded as a relevant donation received by the recognised third party from a person who is not such a permissible donor.")
 
     Page 179, line 41, leave out ("(2) to (10)") 
  
After Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     ("  .--(1)  Subsection (2) applies where a Bill is introduced into Parliament which--
    (a)  provides for the holding of a poll that would be a referendum to which this Part applies, and
    (b)  specifies the wording of the referendum question.
    (2)  The Commission shall consider the wording of the referendum question, and shall publish a statement of any views of the Commission as to the intelligibility of that question--
    (a)  as soon as reasonably practicable after the Bill is introduced, and
    (b)  in such manner as they may determine.
Referendum questions.
     (3)  Subsections (4) and (5) apply where the wording of the referendum question in the case of any poll that would be a referendum to which this Part applies falls to be specified in subordinate legislation within the meaning of the Interpretation Act 1978.
 
    (4)  If a draft of the instrument in question is to be laid before Parliament for approval by each House, the Secretary of State--
    (a)  shall consult the Commission on the wording of the referendum question before any such draft is so laid, and
    (b)  shall, at the time when any such draft is so laid, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
    (5)  If the instrument in question is to be subject to annulment in pursuance of a resolution of either House of Parliament, the Secretary of State--
    (a)  shall consult the Commission on the wording of the referendum question before making the instrument; and
    (b)  shall, at the time when the instrument is laid before Parliament, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
    (6)  Where any Bill, draft instrument or instrument to which subsection (2), (4) or (5) applies specifies not only the referendum question but also any statement which is to precede that question on the ballot paper at the referendum, any reference in that subsection to the referendum question shall be read as a reference to that question and that statement taken together.
 
    (7)  In this section "the referendum question" means the question or questions to be included in the ballot paper at the referendum.")
1978 c. 30.
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 81, line 15, at end insert ("or receipt") 
     Page 81, line 16, leave out from ("payment") to end of line 18 
  
Clause 112
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 81, line 24, leave out (", together with the relevant invoice,") 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 187, line 25, leave out ("(2)(d)") and insert ("(1)(d)") 
     Page 187, line 27, leave out ("(2)(e)") and insert ("(1)(e)") 
     Page 189, leave out lines 38 to 45 
     Page 189, line 47, at end insert--
 
    ("(2A)  For the purposes of this Schedule, any relevant donation received by a permitted participant which is an exempt trust donation shall be regarded as a relevant donation received by the permitted participant from a permissible donor.
 
    (2B)  But, for the purposes of this Schedule, any relevant donation received by a permitted participant from a trustee of any property (in his capacity as such) which is not--
    (a)  an exempt trust donation, or
    (b)  a relevant donation transmitted by the trustee to the permitted participant on behalf of beneficiaries under the trust who are--
          (i)  persons who at the time of its receipt by the permitted participant are permissible donors falling within section 52(2), or
          (ii)  the members of an unincorporated association which at that time is such a permissible donor,
shall be regarded as a relevant donation received by the permitted participant from a person who is not such a permissible donor.")
 
     Page 191, line 16, leave out ("(2) to (10)") 
  
Schedule 16
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 193, line 18, leave out ("(2)(d)") and insert ("(1)(d)") 
     Page 193, line 21, leave out ("(2)(e)") and insert ("(1)(e)") 
     Page 193, line 43, leave out ("bequest") and insert ("a bequest or any other form of testamentary disposition") 
     Page 195, line 36, leave out sub-paragraph (2) and insert--
 
    ("(2)  For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section (Interpretation: exempt trust donations) of the 2000 Act (Interpretation: exempt trust donations) shall apply for the purposes of this Schedule as it applies for the purposes of that Act.
 
    (2A)  But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not--
    (a)  an exempt trust donation, or
    (b)  a relevant donation transmitted by the trustee to the candidate or his election agent on behalf of beneficiaries under the trust who are--
          (i)  persons who at the time of its receipt by the candidate or his election agent are permissible donors falling within section 52(2) of the 2000 Act, or
          (ii)  the members of an unincorporated association which at that time is such a permissible donor,
shall be regarded as a relevant donation received by the candidate or his election agent from a person who is not such a permissible donor.")
 
     Page 196, line 24, leave out second ("(7)") and insert ("(6)") 
     Page 198, line 43, leave out ("(2) to (10)") 
  
Clause 133
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 98, line 38, at beginning insert ("Subject to subsection (1A) below,") 
     Page 99, line 7, at end insert--
 
    ("(1A)  The incapacity imposed by subsection (1)(a)(i) above applies only to a person convicted of a corrupt practice under section 60 above or of an illegal practice under section 61 above.")
 
  
Schedule 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 200, line 31, after ("of") insert ("subsection (4A) and,")) 
     Page 200, line 43, at end insert--
 
    ("(4A)  The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 above or of an illegal practice under section 61 above.")
 
  
Schedule 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 201, line 35, at end insert--
 
    ("(  )  In subsection (2), for "and by a receipt" there shall be substituted "or by a receipt".")
 
     Page 202, line 48, leave out ("and") and insert ("or") 
     Page 203, line 15, leave out ("and") and insert ("or") 
     Page 207, line 1, after ("3,") insert ("the form of return and,") 
     Page 207, line 5, at end insert--
 
    ("  . In Schedule 4 (election expenses in connection with certain local elections), in paragraph 3, for "and receipts" there shall be substituted "or by receipts".")
 
  
Schedule 19
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 208, line 25, leave out ("Chapter") and insert ("Part, but subsections (4) and (6A) have effect subject to section 347AA") 
     Page 208, line 29, after (" 48") insert (", 49") 
     Page 208, line 32, leave out (", (6) and") and insert ("to") 
     Page 208, line 45, at end insert (", or in respect of any activities on the part of the company such as are mentioned in subsection (6A)(b) or (c)") 
     Page 209, leave out lines 1 and 2 and insert--
    ("(b)  any other organisation to which subsection (6A) applies.
    (6A)  This subsection applies to an organisation if--
    (a)  it is a political party which carries on, or proposes to carry on, activities for the purpose of or in connection with the participation of the party in any election or elections to public office held in a member State other than the United Kingdom;
    (b)  it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to affect public support for--
          (i)  any registered party,
          (ii)  any other political party within paragraph (a), or
          (iii)  independent candidates at any election or elections of the kind mentioned in that paragraph; or
    (c)  it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to influence voters in relation to any national or regional referendum held under the law of any member State.
    (6B)  Organisation" includes any body corporate and any combination of persons or other unincorporated association.
 
    (6C)  Registered party" means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000.")
 
     Page 209, line 9, at end insert-- 
 ("Exemptions.     347AA.--(1)  Section 347A(4) does not extend to a subscription paid to an EU trade association for membership of the association, and accordingly such a payment is not a donation to the association for the purposes of this Part.
 
    (2)  In subsection (1)--
    EU trade association" means any organisation formed for the purpose of furthering the trade interests--
          (a)  of its members, or
          (b)  of persons represented by its members,
 
 which carries on its activities wholly or mainly in one or more of the member States; 
  
    subscription", in relation to a trade association, does not include any payment to the association to the extent that it is made for the purpose of financing any particular activity of the association.
    (3)  Section 347A(6A) does not apply to any all-party parliamentary group composed of members of one or both of the Houses of Parliament (or of such members and other persons), and accordingly any such group is not an EU political organisation for the purposes of this Part.
 
    (4)  For the purposes of this Part--
    (a)  a company does not need to be authorised as mentioned in section 347B(1) or section 347C(2) or (3), and
    (b)  a subsidiary undertaking does not need to be authorised as mentioned in section 347D(2),
in connection with any donation or donations to any EU political organisation or organisations made in a particular qualifying period, except to the extent (if any) that the amount or aggregate amount of any such donation or donations made in that period exceeds £5,000.
 
    (5)  The restrictions imposed by sections 347B(1), 347C(2) and (3) and 347D(2) accordingly have effect subject to subsection (4); and, where a resolution is passed for the purposes of any of those provisions, any amount of donations in relation to which, by virtue of subsection (4), no authorisation is needed shall accordingly not count towards the sum specified in the resolution.
 
    (6)  In subsection (4) "qualifying period" means--
    (a)  the period of 12 months beginning with the relevant date for the company or (in the case of a subsidiary undertaking) the parent company; and
    (b)  each succeeding period of twelve months.
    (7)  For the purposes of subsection (6) the relevant date for a company is--
    (a)  if an annual general meeting of the company is held within the period of 12 months beginning with the date of the coming into force of this section, the date of that meeting; and
    (b)  otherwise, the date immediately following the end of that period.")
 
     Page 213, line 19, leave out ("otherwise than as mentioned in section 347F(1)") and insert ("without having been authorised as mentioned in section 347D(2)") 
 
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