|Political Parties, Elections and Referendums Bill -
Amendments to be debated in the House of Lords - continued
|House of Lords|
back to previous amendments
After Schedule 21
BY THE LORD BASSAM OF BRIGHTON
|322W||Insert the following new Schedule--|
|TRANSFER OF REGISTRATION OF EXISTING REGISTERED PARTIEs|
|Interpretation of Part I|
|1. In this Part of this Schedule--|
|1998 c. 48.|
|Declaration for purposes of section 25|
| 2.--(1) This paragraph applies to any party registered under the 1998 Act on the initial date.|
(2) Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 25(1A).
(3) In connection with any such declaration, any reference in section 25(1A) or (1B) to a party's applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).
(4) Where the party sends the Commission a declaration falling within section 25(1A)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party--
(6) For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.
(7) If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day--
|Draft scheme for purposes of section 23|
| 3.--(1) This paragraph applies to any party registered under the 1998 Act on the initial date.|
(2) The party must within the compliance period send to the Commission--
(3) The party must also within the compliance period give a notification to the Commission under this sub-paragraph.
(4) A notification under sub-paragraph (3) must--
(7) Where the party sends the Commission a declaration falling within section 25(1A)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to--
|Registration under Part II of this Act as from appointed day|
| 4.--(1) This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.|
(2) The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect--
(5) If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)--
|Failure to comply with paragraph 2 or 3|
| 5.--(1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely--
(4) However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.
(5) During the protected period sections 25(2) and 26(2) shall have effect as if--
|Exercise of functions by person appointed as Commission's chief executive|
|6. In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission's chief executive under paragraph 11(7) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed.|
|Termination of registration functions of registrar of companies|
| 7.--(1) The registration functions of the registrar under the 1998 Act shall terminate on the initial date.|
(2) Accordingly, as from that date, the registrar shall not--
(3) Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.
(4) Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party's registration under that Act shall not lapse at any such time by virtue of that section.
(5) The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act--
(6) In this paragraph "the registrar" means the registrar of companies (within the meaning of Part II of this Act), and any reference to "his" register is a reference to the register maintained by the registrar under the 1998 Act.
|OTHER TRANSITIONAL PROVISIONs|
|Appointment of Electoral Commissioners|
| 8. For the purposes of section 3(2)--
|Orders specifying organisations which are not to count as accounting units|
|9. The requirement in section 23(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.|
|Orders prohibiting use of certain words in parties' registered names|
|10. The requirement in section 25(2)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.|
|Confirmation of registered particulars|
| 11.--(1) This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.|
(2) The treasurer of the party shall deliver to the Commission a notification which--
(3) In the application of section 28(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.
(4) In the application of section 28(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.
(5) If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 43(1)(b).
(6) It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.
(7) Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 28(4)(b), as a notification given under section 28.
(8) In this paragraph "the appointed day" means the appointed day for the purposes of Part II of this Act.
|Control of political donations by companies|
| 12.--(1) The provisions of Part XA of the Companies Act 1985 inserted by section 132(1) of this Act shall not apply to a company (within the meaning of that Act) in relation to any time falling before the relevant date for the company.|
(2) For the purposes of this paragraph the relevant date for a company is--
|1985 c. 6.|
|Disclosure of political donations and expenditure in directors' report|
|13. The provisions of Schedule 7 to the Companies Act 1985 substituted by section 133 of this Act shall, in the case of any company (within the meaning of that Act), apply only in relation to directors' reports for financial years beginning on or after the first anniversary of the date which is the relevant date for the company for the purposes of paragraph 12.")||1985 c. 6.|
In the Title
BY THE LORD OWEN
THE LORD PRIOR
THE LORD HEALEY
THE LORD SKIDELSKY
|323||Line 4, leave out ("and referendum campaigns and the conduct of referendums;") and insert ("campaigns; to make provision about referendums;")|
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
|324||Line 7, leave out ("reduce the qualifying periods set out in sections 1 and") and insert ("amend sections 1 to")|
BY THE LORD BASSAM OF BRIGHTON
|325||Line 8, after ("1985;") insert ("to make pre-consolidation amendments relating to European Parliamentary elections;")|
|© Parliamentary copyright 2000||Prepared 23 October 2000|