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("Sponsorship

2A.--(1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if--
(a) any money or other property is transferred to the candidate or to any person for the benefit of the candidate, 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 candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
(ii) to secure that to any extent any such expenses are not so incurred.

24 Oct 2000 : Column 217


(2) In sub-paragraph (1) above "defined expenses" means expenses in connection with--
(a) any conference, meeting or other event organised by or on behalf of the candidate,
(b) the preparation, production or dissemination of any publication by or on behalf of the candidate, or
(c) any study or research organised by or on behalf of the candidate.
(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above--
(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.
(4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3) above.
(5) Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(6) 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 158, line 45, after ("above") insert ("(other than money)").


    Page 159, line 1, at beginning insert ("the total value in monetary terms of").


    Page 159, line 2, at end insert--


("(2A) The value of any donation falling within paragraph 2(1)(aa) above 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) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.").


    Page 159, leave out lines 5 to 8 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 candidate or his election agent 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 candidate or his election agent").


    Page 159, line 9, leave out sub-paragraph (4).


    Page 159, line 13, leave out ("or (4)").

On Question, amendments agreed to.

[Amendments Nos. 249 and 250 not moved.]

Lord Bach moved Amendments Nos. 250A and 250B:


    Page 160, line 27, leave out from ("to") to end of line 29 and insert--


("(a) a relevant donation received by a candidate or his election agent, and
(b) the candidate or (as the case may be) the election agent,
as they apply in relation to a donation received by a registered party and the registered party.").

24 Oct 2000 : Column 218


    Page 160, line 43, at end insert--

("Transfer of donations received by candidate to election agent

6A.--(1) Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).
(2) The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent--
(a) the donation,
(b) where paragraph 5(4) or (5) above applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
(c) any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.
(3) Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 5(1) to (3) above and the provisions applied by paragraph 6 above as if it had been--
(a) originally received by the election agent, and
(b) so received by him on the date on which it was received by the candidate.
(4) Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either--
(a) forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) above to the agent, or
(b) (if he fails to do so) deal with the donation in accordance with section 51 of the 2000 Act.
(5) Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above.
(6) Sub-paragraph (7) below applies where--
(a) a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 51 of the 2000 Act either because--
(i) it was received by him at a time when no appointment of another person as his election agent was in force, or
(ii) although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and
(b) an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after--
(i) the deadline for appointing an election agent, or
(ii) if later, the time when the candidate has dealt with the donation in accordance with section 51 of the 2000 Act.
(7) Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent--
(a) the donation (if it has been accepted by him), and
(b) any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this Schedule.

24 Oct 2000 : Column 219


(8) The relevant time for the purposes of sub-paragraph (7) above is--
(a) the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
(b) otherwise, the time when any such appointment subsequently comes into force.
(9) The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
(10) In this paragraph--
(a) any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67(1) or (1A) of this Act be named as election agent--
(i) by the candidate, or
(ii) in the case of a candidate on a list of candidates submitted by a registered political party to be London members of the London Assembly at an ordinary election, by the party; and
(b) any reference to any provision of section 51 of the 2000 Act is a reference to that provision as applied by paragraph 6 above.").

On Question, amendments agreed to.

7.15 p.m.

Lord Bach moved Amendments Nos. 250C to 250E:


    Page 160, line 47, leave out ("or to the treasurer of a registered party").


    Page 160, line 49, at end insert ("; and


(c) any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).").


    Page 161, line 5, leave out ("prepared") and insert ("delivered").

On Question, amendments agreed to.

Schedule 15, as amended, agreed to.


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