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Viscount Astor: The Minister's reply in regard to the electoral commission was helpful. I shall study it and think about the matter again before Report stage. The Minister recognised that the electoral commission may have to give advice to a huge group of people; he said that some of it will be given on a case-by-case basis. But it is important that the electoral commission recognises that it will have to lay down some rules for people to follow. If it ends up having to respond to every individual request, it will be extremely busy. The commission will have to set out what it believes to be the ordinary way to behave, and then respond to requests that are outside that--otherwise it will be swamped by inquiries from people who do not know what to do. Perhaps the Minister will consider that issue.

I was perhaps not as effusive as I should have been in thanking the Minister for accepting the one amendment which removes the complication of your Lordships' House coming under the schedule. I am grateful to the noble Lord for his acceptance of that amendment.

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 182B and 182C:



    Page 114, line 39, leave out ("and") and insert ("or").

On Question, amendments agreed to.

[Amendments Nos. 182D and 182E not moved.]

Lord Bach moved Amendment No. 182F:


    Page 115, line 5, after ("2") insert (", 2A").

The noble Lord said: This amendment was spoken to on an earlier day in Committee. I beg to move.

On Question, amendment agreed to.

Viscount Astor moved Amendment No. 182G:


    Page 115, leave out line 21 and insert ("member of the House of Commons;").

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 183 to 183P:


    Page 115, line 36, at end insert--


("( ) Where--
(a) at a time when any order is in force under section 65(1) a donation is received by a regulated donee resident or carrying on activities in Great Britain, and
(b) the order provides for this sub-paragraph to apply to any such donation,
section 49(2)(c) shall have effect in relation to the donation as if it referred only to a registered party which is registered in the Great Britain register.").


    Page 115, line 40, at end insert--


("(aa) any sponsorship provided in relation to the donee (as defined by paragraph 2A);").


    Page 115, line 41, leave out ("the donee or a person acting on his or its behalf)") and insert ("or on behalf of the donee)").

18 Oct 2000 : Column 1063


    Page 115, leave out line 48.


    Page 116, line 1, leave out sub-paragraph (2) and insert--


("(2) Where--
(a) any money or other property is transferred to a regulated donee pursuant to any transaction or arrangement involving the provision by or on behalf of the donee 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 donee 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 donee 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 regulated donee 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 regulated donee 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 donee 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 116, line 4, after ("member") insert (", trustee").


    Page 116, line 13, at end insert--

("Sponsorship")

2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a regulated donee if--
(a) any money or other property is transferred to the donee or to any person for the benefit of the donee, 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 donee with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the donee, 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 donee,
(b) the preparation, production or dissemination of any publication by or on behalf of the donee, or
(c) any study or research organised by or on behalf of the donee.
(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.

18 Oct 2000 : Column 1064


(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 116, line 17, leave out ("or a referendum").


    Page 116, line 17, at end insert--


("( ) the provision of assistance by a person appointed under section 9 of the Local Government and Housing Act 1989;").


    Page 116, line 29, leave out from ("which") to ("and") in line 31 and insert ("(in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election;").


    Page 116, line 40, at beginning insert ("the total value in monetary terms of").


    Page 116, line 40, 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 116, leave out lines 43 to 46 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 donee 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 donee").


    Page 116, line 47, leave out sub-paragraph (4).


    Page 117, line 1, leave out ("or (4)").

The noble Lord said: These amendments were spoken to in Committee on 12th October. I beg to move.

On Question, amendments agreed to.

[Amendments Nos. 184 to 186 not moved.]

Lord Bach moved Amendment No. 186A:


    Page 119, line 11, leave out ("£1,000;") and insert ("£5,000 (where the donee is a members association) or £1,000 (in any other case);").

The noble Lord said: This amendment was spoken to with Amendment No. 182A earlier today. I beg to move.

On Question, amendment agreed to.

[Amendment No. 187 not moved.]

Lord Bach moved Amendments Nos. 187A and 187B:


    Page 119, line 18, leave out ("£1,000.") and insert ("£5,000 (where the donee is a members association) or £1,000 (in any other case).").


    Page 119, line 25, leave out ("58") and insert (" 57").

18 Oct 2000 : Column 1065

The noble Lord said: Amendment No. 187A was spoken to earlier today. Amendment No. 187B was spoken to on 12th October. I beg to move.

On Question, amendments agreed to.

[Amendment Nos. 188 and 189 not moved.]


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