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

back to previous amendments
 
  
Schedule 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
161     Page 175, line 48, leave out ("(2)(d)") and insert ("(1)(d)") 
162     Page 176, line 1, leave out ("(2)(e)") and insert ("(1)(e)") 
163     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.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
164*     Page 178, line 27, leave out ("not less") and insert ("more") 
165*     Page 178, line 42, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
166     Page 179, line 41, leave out ("(2) to (10)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
167*     Page 179, line 43, leave out ("not less") and insert ("more") 
  
Clause 94
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD McNALLY
THE LORD RENNARD
THE LORD BASSAM OF BRIGHTON
 
168     Page 71, line 4, leave out ("and") and insert ("or") 
  
Clause 99
 
  
BY THE LORD CAMPBELL OF ALLOWAY
THE LORD DEAN OF HARPTREE
 
169     Page 73, line 43, after ("Parliament") insert ("or pursuant to resolutions of both Houses of Parliament on the advice of the constitutional committee of the House of Lords that certain provisions of the Bill substantially effect the constitution") 
  
After Clause 99
 
  
BY THE LORD CAMPBELL OF ALLOWAY
THE LORD DEAN OF HARPTREE
THE LORD CHALFONT
 
170     Insert the following new Clause-- 
      ("  .--(  )  The conduct of a referendum under section 99(2)(a) above, pursuant to the resolutions of both Houses which shall not be subject to the provisions of sections 100, 125(2), and 126 of this Act, shall be referred by the Secretary of State to an independent body which shall appoint a counting officer to perform the function as provided in section 125(3) to (9) of this Act.
 
    (  )  Until the result of the referendum held under subsection (1) above is known, the Bill shall not receive Royal Assent.
 
    (  )  The Secretary of State may make financial provision for expenditure on the referendum held under subsection (1) above.")
Provisions for referendums on constitutional matters.
  
After Clause 101
 
  
BY THE LORD BASSAM OF BRIGHTON
 
171     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 102
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
172*     Page 75, line 3, leave out ("resident in the United Kingdom or") 
  
BY THE LORD SHORE OF STEPNEY
THE VISCOUNT CRANBORNE
 
173     Page 75, line 6, at end insert (", except for a body falling within paragraph (b)(ii)") 
  
Schedule 12
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
174*     Page 180, line 39, at end insert--
 
    ("(  )  The terms and conditions referred to in sub-paragraph (1) must be approved by the Commission and shall provide for the same nature and timing of delivery of postal communications throughout the referendum area.")
 
  
Clause 111
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD McNALLY
THE LORD RENNARD
THE LORD BASSAM OF BRIGHTON
 
175     Page 81, line 9, leave out ("and") and insert ("or") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD McNALLY
THE LORD RENNARD
 
176     Page 81, line 10, leave out ("£100") and insert ("£200") 
  
BY THE LORD BASSAM OF BRIGHTON
 
177     Page 81, line 15, at end insert ("or receipt") 
178     Page 81, line 16, leave out from ("payment") to end of line 18 
  
Clause 112
 
  
BY THE LORD BASSAM OF BRIGHTON
 
179     Page 81, line 24, leave out (", together with the relevant invoice,") 
  
Clause 114
 
  
BY THE LORD LAMONT OF LERWICK
 
180     Page 82, line 42, at beginning insert ("Subject to subsection (1A),") 
181     Page 82, line 45, at end insert--
 
    ("(1A)  In a referendum to which this Part applies, no expense may be incurred by or on behalf of any institution of the European Union during the referendum period.")
 
  
Clause 115
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
182*     Leave out Clause 115 
  
After Clause 115
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
183*     Insert the following new Clause-- 
      ("  .  Nothing which would involve incurring referendum expenses if it was done by a permitted participant may be done by any person not resident in the United Kingdom who is not a permitted participant; and no person shall facilitate such an action.")Referendum expenses: non-United Kingdom residents.
  
Schedule 14
 
  
BY THE LORD LAMONT OF LERWICK
THE LORD WILLOUGHBY DE BROKE
 
184     Page 185, line 23, leave out sub-paragraphs (2) to (5) and insert--
 
    ("(2)  The limit on the aggregate expenditure incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in any referendum to which Part VII applies shall be £12 million.
 
    (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
185     Page 185, line 23, leave out sub-paragraphs (2) to (5) and insert--
 
    ("(2)  The Electoral Commission shall, in advance of any referendum to which Part VII applies, set a limit on the aggregate expenditure to be incurred during the referendum period by or on behalf of all permitted participants campaigning for an outcome in that referendum.
 
    (3)  In sub-paragraph (2) above, "outcome" has the same meaning as in section 101.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
186*     Leave out Schedule 14 
  
Clause 116
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
187*     Page 84, line 33, at end insert--
 
    ("(  )  Notwithstanding anything in Part IV, a Northern Ireland party which is a permitted participant shall be prohibited from accepting during a referendum period any donation from a donor who is a permissible donor only by virtue of an order made under section 68.")
 
188*     Page 84, line 33, at end insert--
 
    ("(  )  Notwithstanding anything in Schedule 15 or Part IV, a permitted participant shall be prohibited from accepting during a referendum period any donation from a permissible donor of the type specified in section 52(2)(c).")
 
  
BY THE LORD LAMONT OF LERWICK
 
189*     Leave out Clause 116 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
190     Page 187, line 25, leave out ("(2)(d)") and insert ("(1)(d)") 
191     Page 187, line 27, leave out ("(2)(e)") and insert ("(1)(e)") 
  
BY THE LORD LAMONT OF LERWICK
THE LORD WILLOUGHBY DE BROKE
 
192     Page 189, line 33, at end insert (", or
    (c)  the donation would be made by or on behalf of any institution of the European Union")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
193     Page 189, leave out lines 38 to 45 
194     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.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
195*     Page 190, line 6, leave out ("not less") and insert ("more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
196     Page 191, line 16, leave out ("(2) to (10)") 
  
BY THE LORD LAMONT OF LERWICK
 
197*     Leave out Schedule 15 
  
Clause 117
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
THE LORD McNALLY
THE LORD RENNARD
THE LORD BASSAM OF BRIGHTON
 
198     Page 85, line 16, leave out ("and") and insert ("or") 
  
Clause 122
 
  
BY THE LORD WILLOUGHBY DE BROKE
THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
199     Page 87, line 30, leave out ("relevant") and insert ("referendum") 
  
BY THE LORD LAMONT OF LERWICK
THE LORD WILLOUGHBY DE BROKE
 
200     Page 87, line 34, at end insert ("; or
    (c)  any institution of the European Union")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
201*     Page 87, line 42, leave out paragraph (d) 
202*     Page 87, line 42, at end insert ("which do not put any arguments for or against any particular answer to any question on which a referendum is being held") 
  
BY THE LORD MARSH
 
203*     Page 87, line 44, at end insert--
 
    ("(3A)  Subject to subsection (3B), no material to which this section applies shall be distributed or displayed to the public free of charge during the referendum period by or on behalf of--
    (a)  any Minister of the Crown, government department or local authority;
    (b)  any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority; or
    (c)  the Post Office;
unless such material--
    (d)  is factual and impartial; and
    (e)  has been circulated to permitted participants at least seven days before it is published.
    (3B)  Subsection (3A) does not apply to--
    (a)  material made available to persons in response to specific requests for information or to persons seeking access to it; or
    (b)  material published on web-sites.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
204*     Page 88, line 5, leave out paragraph (b) 
205*     Page 88, line 6, at end insert (", or the period ending with the date of the poll which is equal to half the referendum period, whichever is the longer") 
 
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Prepared 17 November 2000