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

back to previous amendments
 
  
Clause 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
40*     Page 12, line 31, after ("transferring") insert ("(to any extent)") 
41*     Page 12, line 35, at end insert--
 
    ("(1A)  An order under subsection (1) may make provision for--
    (a)  transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;
    (b)  terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;
    (c)  modifying (to any extent) any relevant function of the Scottish Ministers;
    (d)  preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;
    (e)  modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.
 
     (1B)  In subsection (1A) "relevant function" means (subject to subsection (1C)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the Local Government (Scotland) Act 1973.
 
    (1C)  Nothing in subsection (1A)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (1B).")
 
42*     Page 13, line 20, leave out ("of the functions transferred by") and insert ("functions in consequence of") 
  
Clause 19
 
  
BY THE LORD BASSAM OF BRIGHTON
 
43     Page 13, line 23, after ("transferring") insert ("(to any extent)") 
44     Page 13, line 27, at end insert--
 
    ("(1A)  An order under subsection (1) may make provision for--
    (a)  transferring (to any extent) any relevant function of the National Assembly for Wales ("the Assembly") to the Commission;
    (b)  terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;
    (c)  modifying (to any extent) any relevant function of the Assembly;
    (d)  preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;
    (e)  modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.
    (1B)  In subsection (1A) "relevant function" means (subject to subsection (1C)) a function under--
 
 
    (a)  section 30(3) or (4) or 31(3) of the Local Government Act 1972 (restriction on community applications during and after reviews), or
    (b)  any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).
 
     (1C)  Nothing in subsection (1A) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (1B)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (1A) include functions with respect to the making of orders by statutory instrument.") 
45     Page 14, line 3, at end insert--
 
    ("(  )  Nothing in this section shall be read as affecting the generality of subsection (6).")
 
46     Page 14, line 7, leave out ("transferred by") and insert ("in consequence of") 
  
After Clause 19
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
47     Insert the following new Clause-- 
     ("  .  The Commission shall not themselves institute criminal proceedings against any person in any court in the United Kingdom.") 
48     Insert the following new Clause-- 
     ("  .  If in the course of their duties the Commission (or any of their staff) discover anything that leads them to suspect that an offence has been committed by any person, they shall inform the appropriate chief officer of police immediately and shall not investigate the matter further themselves.") 
  
Clause 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
49     Page 14, line 17, at beginning insert ("Subject to subsection (4A),") 
50     Page 14, line 40, leave out subsection (3) 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
51     Page 15, line 11, at end insert ("; or
    (c)  the description of the candidate given in his nomination paper includes the word `Independent' and no more than five other words which do not contravene the restrictions laid down in section 26 (4) (a), (c), (d), (e) and (f)")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
52     Page 15, line 11, at end insert--
 
    ("(4A)  Subsection (1) does not apply in relation to any parish or community election.")
 
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
53     Page 17, line 1, leave out subsection (4) and insert--
 
    ("(4)  The person registered as a party's treasurer shall be responsible for compliance on the part of the party--
    (a)  with the provisions of Parts III and IV (accounting requirements and control of donations), and
    (b)  unless a person is registered as the party's campaigns officer in accordance with section (Parties with campaigns officers), with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) as well.
    (4A)  In the case of a party with accounting units the person registered as the party's treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party's central organisation (rather than of the party).")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
54     Page 17, line 4, after ("expenditure") insert ("(including any campaign expenditure and referendum expenses incurred by constituent or affiliated organisations to which section 24(8) applies)") 
  
After Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
55     Insert the following new Clause-- 
     ("  .--(1)  In the case of any registered party a person--
    (a)  may be registered as the party's campaigns officer, and
    (b)  may be so registered whether or not he is also registered as the party's leader or nominating officer (or both).
    (2)  The person registered as a party's campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII.
 
    (3)  So long as a party is registered as a party with a campaigns officer, section 23(5), (7) and (8) shall apply in relation to a person registered as the party's campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 23(5) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.
 
    (4)  The person registered as a party's campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.
 
    (5)  For the purposes of this section--
    (a)  the provisions of section 72(2) to (10) shall apply in relation to a party's campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party's treasurer and the appointment of a person as deputy treasurer, and
    (b)  any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.
    (6)  In relation to any time when a party is (or was) registered as a party with a campaigns officer--
    (a)  the provisions of Part V (other than section 72) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and
    (b)  the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.")
 
  
Clause 24
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
56     Page 18, line 37, leave out ("For the purposes of this section") and insert ("Except for the purposes of Parts V and VII,") 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
57     Page 19, line 30, leave out from ("who") to ("so") in line 31 and insert ("shall be responsible for compliance on the part of the unit with the provisions of Parts III and IV") 
58     Page 19, line 32, at end insert ("; and
    (b)  another person who is an officer of the unit registered for the purposes of subsection (3).")
 
59     Page 19, line 36, leave out ("person registered as treasurer of the party") and insert ("officer of the unit who is registered for the purposes of this subsection") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
60     Page 19, line 37, at end insert ("or to such other person as may be specified to the Commission in writing by the treasurer of the party") 
  
Clause 26
 
  
BY THE LORD BASSAM OF BRIGHTON
 
61     Page 21, line 20, at end insert--
 
    ("(  )  Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.")
 
  
Clause 27
 
  
BY THE LORD BASSAM OF BRIGHTON
 
62     Page 22, line 2, at end insert--
 
    ("(  )  Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
63     Page 22, line 2, at end insert--
 
    ("(5)  The Secretary of State may by order, made on the recommendation of the Commission, vary the maximum number of emblems that may be included in a request for registration under subsection (1).
 
    (6)  An order made under subsection (5) may not provide for the maximum number of registered emblems that may be included in a request for registration under subsection (1) to be less than three.")
 
  
Clause 28
 
  
BY THE LORD BASSAM OF BRIGHTON
 
64     Page 22, line 8, after ("emblem,") insert--
    ("(  )  the addition or removal of a statement that a party is registered as a party with a campaigns officer,")
 
65     Page 22, line 39, at end insert--
 
    ("(  )  Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.")
 
  
Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
66     Page 23, line 7, at end insert ("or of any officer of such a unit registered for the purposes of section 25(3);") 
67     Page 23, line 14, leave out from ("(d)") to end of line 16 and insert--
          ("(i)  specify the name of the officer replacing the person currently registered as holder of the office in question, and
          (ii)  (if that person is so registered as an officer of the party) include an application for the registration of the replacement officer which complies with Part III of Schedule 4; and")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
68     Page 23, line 21, leave out ("14") and insert ("21") 
69     Page 23, line 25, leave out ("28") and insert ("42") 
  
BY THE LORD BASSAM OF BRIGHTON
 
70     Page 23, line 36, leave out subsection (8) 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
71     Page 140, line 15, at end insert--
 
    ("(  )  If the application is for the party to be registered as a party with a campaigns officer, the application must also give the name and home address of a person to be registered as the party's campaigns officer.")
 
72     Page 140, line 28, after ("treasurer") insert ("and of the officer to be registered for the purposes of section 25(3)") 
73     Page 140, line 37, at end insert ("and
    (  )  (if the application is for the party to be registered as a party with a campaigns officer) by the proposed registered campaigns officer,")
 
74     Page 140, line 42, after ("treasurer") insert ("or as proposed registered campaigns officer") 
75     Page 141, line 4, after ("9") and insert ("and (if applicable) paragraph 9A") 
76     Page 141, line 8, leave out ("paragraph 9") and insert ("paragraphs 9 and 9A") 
77     Page 141, line 22, at end insert-- 
 ("Details of campaigns officer 
     9A.  If an application is for the addition of a statement that the party is registered as a party with a campaigns officer, the application must--
    (a)  give the name and home address of the person who is to be registered as the party's campaigns officer; and
    (b)  be accompanied by a declaration of acceptance of office signed by that person.")
 
  
Clause 32
 
  
BY THE LORD BASSAM OF BRIGHTON
 
78     Page 24, line 43, after ("treasurer") insert ("or campaigns officer") 
79     Page 24, line 44, at end insert ("or campaigns officer (or any deputy campaigns officer)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
80     Page 25, line 2, leave out paragraph (c) and insert--
    ("(c)  Schedule 23 and section 34;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
81     Page 25, line 2, leave out ("sections (Financial structure of existing registered party) and") and insert ("section") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
82     Page 25, line 29, leave out subsections (7) and (8) 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 17 November 2000