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

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Clause 137
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
253     Page 101, line 27, leave out ("registered party") and insert ("political party, wherever situated,") 
254     Page 101, line 28, leave out ("EU") 
255     Page 101, line 29, leave out ("EU") 
256     Page 101, line 37, leave out ("registered") 
  
BY THE LORD BASSAM OF BRIGHTON
 
257     Page 102, leave out lines 18 and 19 and insert ("Part XA of this Act has the same meaning as in that Part") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD EVANS OF PARKSIDE
 
258     Page 102, line 19, at end insert (",  but for the purposes of this paragraph--
      (a)  that Chapter shall apply to any political party as if it were a registered party, wherever it carries on, or proposes to carry on, its activities, and
      (b)  political expenditure" and "political organisation" have the meaning ascribed respectively by subsections (5) and (6) of section 347A of this Act, without the limitation in those subsections to "EU" expenditure and organisations")
 
259     Page 102, leave out lines 20 to 49 
  
BY THE LORD BASSAM OF BRIGHTON
 
260     Page 102, line 49, leave out ("European Union") and insert ("member States") 
  
After Clause 137
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
261     Insert the following new Clause-- 
 
        ("  .--(1)  In section 2 of the Representation of the People Act 1985 (registration of British citizens overseas), at the begining of subsection (1) there is inserted "Subject to subsections (1A) and (1B),".
        (2)  After subsection (1) there is inserted--
        (1A)  A person may not be registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration unless he has been so registered within the previous 12 months.
        (1B)  Subsection (1A) does not apply to a person who qualified as an overseas elector in relation to parliamentary election within the previous 5 year period, and such a person may be registered in accordance with subsection (1) above if--
      (a)  during that 5 year period they have been registered at least once in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector's declaration (whether or not that registration has subsequently lapsed), and
      (b)  they register within 12 months of the end of that 5 year period.".")
Registration of overseas electors.
  
Clause 138
 
  
BY THE LORD BASSAM OF BRIGHTON
 
262     Page 103, line 41, leave out ("10") and insert ("15") 
  
After Clause 138
 
  
BY THE LORD GOODHART
THE LORD McNALLY
 
263     Insert the following new Clause-- 
     ("  .--(1)  In section 14(1) of the Representation of the People Act 1983, after paragraph (b) there shall be inserted--
    (ba)  is employed in a post outside the United Kingdom by one of the institutions of the European Union or by an international organisation of which the United Kingdom is a member;".
    (2)  In section 14(1)(e) of that Act, after "(b)" there shall be inserted, "(ba)".")
Staff of international organisations: service qualification.
  
BY THE LORD GRAHAM OF EDMONTON
 
264     Insert the following new Clause-- 
 ("Parish polls 
     .  In sub-paragraph (4) of Schedule 12 to the Local Government Act 1972 for the words "ten, or one third of the local government electors present at the meeting" there is substituted "fifty local government electors present at the meeting or 2 per cent. of the electorate".")Parish polls: threshold.
  
Schedule 20
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
265*     Page 216, column 1, leave out lines 5 to 7 and insert-- 
 ("Section (Deliberate
evasion of
reporting
requirements
by making of
multiple small
donations
)")
 
  
Clause 153
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
266*     Page 116, line 2, leave out ("or 159(2)") 
267*     Page 116, line 4, at end insert ("; or
    (c) any order under section 159(2) that does not contain any provision of the type specified in section 159(5)")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
268     Page 116, line 5, at end insert--
    ("(  )  section 17(1),")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
269*     Page 116, line 12, at end insert--
    ("(  )  section 159(2) that contains any provision of the type specified in section 151(5);")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
270     Page 116, line 28, at end insert--
 
    ("(  )  Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 18(6)).")
 
  
Schedule 21
 
  
BY THE LORD BASSAM OF BRIGHTON
 
271     Page 223, line 16, at end insert--
 
    ("  . In section 14(8) of that Act (changes that may be recommended), for "section 13(1) above" substitute "section 13(1A) above".")
 
272     Page 225, line 26, at end insert-- 
 ("Local Government Act 2000 (c.22) 
     .--(1)  The Local Government Act 2000 is amended as follows.
 
    (2)  In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert--
        (3A)  Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.
        (3B)  In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.".
    (3)  In section 45 (conduct of referendums under the Act), after subsection (8) insert--
        (8A)  Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to--
      (a)  provisions which specify the wording of the question to be asked in a referendum, or
      (b)  provisions for matters mentioned in subsection (8)(c).
        (8B)  No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless--
      (a)  before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and
      (b)  when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.
        (8C)  Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.
        (8D)  No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless--
      (a)  before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and
      (b)  where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.".
    (4)  In section 45(9), after "(8)" insert "to (8C)".")
 
  
Schedule 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
273     Page 226, line 41, column 3, at end insert-- 
 ("Section 4(2).")  
  
Clause 157
 
  
BY THE LORD BASSAM OF BRIGHTON
 
274     Page 117, line 28, at end insert--
    (""exempt trust donation" has the meaning given by section (Interpretation: exempt trust donations);")
 
275     Page 118, line 1, at end insert (", and "modify" shall be construed accordingly;") 
  
Clause 158
 
  
BY THE LORD BASSAM OF BRIGHTON
 
276     Page 119, line 20, at end insert--
 
    ("(6)  For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.")
 
  
After Clause 158
 
  
BY THE LORD BASSAM OF BRIGHTON
 
277     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of this Act "exempt trust donation" means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5).
 
    (2)  This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--
    (a)  which was created before 27th July 1999,
    (b)  to which no property has been transferred on or after that date, and
    (c)  whose terms have not been varied on or after that date,
provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.
 
    (3)  This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--
    (a)  which was created by--
          (i)  a person who was a permissible donor falling within section 52(2) at the time when the trust was created, or
          (ii)  the will of a person falling within section 52(3), and
    (b)  to which no property has been transferred otherwise than--
          (i)  by a person who was a permissible donor falling within section 52(2) at the time of the transfer, or
          (ii)  under the will of a person falling within section 52(3),
provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.
 
    (4)  For the purposes of subsection (3) "the relevant information" means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.
 
    (5)  A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.
 
    (6)  In this section--
    (a)  donation" means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation occurs;
    (b)  property", in the context of the transfer of property to a trust, does not include any income of the trust;
    (c)  trust" includes a trust created by a will; and
    (d)  any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.")
Interpretation: exempt trust donations.
  
Schedule 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
278     Page 228, line 46, at end insert--
          ("(ii)  (if the party is seeking to be so registered as a party with a campaigns officer) of a person to be registered as that officer; and")
 
279     Page 228, line 49, at end insert ("and (if paragraph (a)(ii) applies) by the proposed campaigns officer") 
280     Page 229, line 2, after ("treasurer") insert ("and of an officer of the unit to be registered for the purposes of section 25(3)") 
 
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Prepared 17 November 2000