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| Schedule 1, page 50, line 19, leave out ‘(or, where the person is an employee, the |
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| Schedule 1, page 50, line 20, leave out ‘is mainly a non-lobbying business’ and |
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| insert ‘consists mainly of non-lobbying activities’. |
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| Schedule 1, page 50, line 22, leave out from first ‘of’ to end of line 24 and insert |
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| ‘the communication is incidental to the carrying on of those activities’. |
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| Schedule 1, page 50, leave out from beginning of line 25 to ‘activities’ in line 26 and |
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| insert ‘In sub-paragraph (1) “non-lobbying activities” are’. |
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| Schedule 1, page 51, line 9, leave out ‘(or, where the person is an employee, the |
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| Schedule 1, page 51, line 12, leave out ‘(or employer)’. |
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| Schedule 2, page 53, line 15, at end insert ‘or was an employee of a person who |
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| carried on that business.’. |
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| Schedule 1, page 50, line 11, leave out paragraph 2. |
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| Schedule 1, page 51, line 42, at end insert— |
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| | ‘(4) | A reference to payment does not include a reference to the salary an hon. Member |
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| | receives as a Member of the House of Commons.’. |
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| Clause 27, page 13, line 31, at end insert— |
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| | ‘( ) | In section 94(1) of the Political Parties Elections and Referendums Act 2000, |
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| | after subsection (1) insert— |
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| | “(1A) | During a regulated period no controlled expenditure is to be incurred by |
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| | any third party that is in receipt of public funds in the 12 month period |
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| | prior to the start of the regulated period.”. |
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| | ( ) | In section 94(2) after “schedule 10” in line 3, insert “or by (1A) above.’. |
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| Schedule 1, page 51, line 42, at end insert— |
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| | ‘6 (4) | “Payment” does not include any salary or expenses an hon. Member of |
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| | Parliament receives as a Member of the House of Commons.’. |
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| Clause 36, page 37, line 39, leave out ‘in relation to each reporting period’ and |
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| | (a) | a formal complaint is received by the Certification Officer that would |
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| | result in the Certification Officer requiring a membership audit in |
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| | relation to the reporting period when the complaint was verified and |
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| | (b) | the Certification Officer determined that a certificate was required.’. |
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| Clause 36, page 38, line 7, at end insert ‘unless— |
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| | (a) | The Trade Union is appealing the membership certificate; or |
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| | (b) | The Trade Union has challenged the Certification Officer’s acceptance of |
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| | a membership audit certificate and invoked (a).’. |
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| Clause 36, page 38, line 12, at end insert— |
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| | ‘(4A) | The Secretary of State may confer these powers to any political party with more |
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| | than 10,000 members should there be a requirement in the public interest.’. |
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| Clause 36, page 38, line 22, leave out from ‘certificate’ to end and insert ‘for which |
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| the trade union may request reasonable payment as per charges for requests for access to |
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| accounting periods in section 30(6).’. |
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| Clause 37, page 39, line 7, at end add ‘, and |
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| | (c) | to have a duty of confidentiality to the trade union and it’s members; and |
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| | (d) | to ensure, at all times to abide by the trade union’s obligations under the |
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| | Data Protection Act 1998 to protect the information of members.’. |
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| Clause 37, page 39, line 16, at end insert— |
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| | ‘(3A) | The conditions set out in an order under subsection (3)(a) shall include the |
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| | qualifications, status and experience an assurer requires in order to qualify under |
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| Clause 37, page 39, line 46, at end add— |
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| | ‘(e) | The person has breached the confidentiality of the Trade Union, or |
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| | (f) | The person is in breach of his statutory duty or the terms of his |
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| | appointment, by reason of incapacity or for any other reason which in the |
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| | reasonable opinion of the union justifies his removal, or |
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| | (g) | There are any other reasonable circumstances where the continuation of |
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| | the assurer would be deemed inappropriate.’. |
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| Clause 37, page 39, line 29, leave out subsections (1) and (2) and insert— |
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| | ‘(1) | The appointment and removal of an assurer will be conducted as per the |
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| | specification in section 49(1) and section 49(5) of the Trade Union and Labour |
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| | Relations (Consolidation) Act 1992.’. |
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| Clause 37, page 40, line 12, leave out from ‘opinion,’ to ‘for the purposes’ and |
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| insert ‘the trade union secured, so far as is reasonably practicable, that the entries in the |
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| register were accurate and up-to-date.’. |
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| Clause 37, page 40, line 19, at end add— |
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| | ‘(c) | Whether, in the assurer’s opinion, the trade union has taken all |
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| | reasonably steps to ensure their membership register is up to date taking |
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| | “(1) | That the union should not be held responsible for inaccuracies in |
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| | cases where, in the assurer’s opinion, an employer is not sharing |
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| | timely and accurate details. |
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| | (2) | Any other aspects that, in the assurer’s opinion, have been out of |
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| | the control of the trade union in the maintenance of the |
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| Clause 37, page 40, line 19, at end add— |
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| | ‘(c) | The Secretary of State will determine the definition of “satisfactory” in |
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| | this section and produce guidance for assurers.’. |
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| Clause 37, page 40, line 27, at end insert— |
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| | ‘(c) | The Secretary of State will determine the definition of “not satisfactory” |
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| | in this section and produce guidance for assurers.’. |
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| Clause 37, page 41, line 4, at end add— |
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| | ‘(c) | Has the right to make a reasonable request to any employer for |
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| | information that the assurer considers necessary for the performance of |
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| | the assurer’s functions.’. |
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| Clause 37, page 41, line 1, leave out from ‘union’s’ to ‘such’ and insert ‘data |
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| Clause 37, page 41, line 4, at end add— |
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| | ‘(cc) | where this does not conflict with the union’s responsibilities as set down |
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| | by the Information Commissioner.’. |
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| Clause 37, page 41, line 28, leave out ‘to take all reasonable steps’ and insert ‘all |
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| Clause 37, page 41, line 25, at end insert— |
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| | ‘(za) | to comply with duties owed by him under the Data Protection Act 1998, |
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| Clause 37, page 41, leave out lines 34 to 39. |
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| Clause 37, page 38, line 42, leave out ‘in relation to each reporting period’ and |
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| insert ‘if section 36(2)(1) is invoked’. |
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| Clause 38, page 42, line 28, at end insert— |
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| | ‘(c) | The names, dates of birth and National Insurance numbers held by |
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| | relevant employers to allow cross-referencing of trade union members |
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| | with the sole purpose of completing a membership audit, on request from |
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| | the Certification Officer to complete an investigation.’. |
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| Clause 38, page 42, line 19, at end insert— |
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| | ‘(1A) | The Certification Officer must ensure there is no conflict of interest with the |
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| | appointment of any “authorised person” as stated in (1)(b).’. |
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| Clause 38, page 42, line 16, leave out ‘, or a branch or section of a trade union’. |
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| Clause 38, page 42, line 11, leave out ‘, or a branch or section of a trade union’. |
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| Clause 38, page 43, line 30, at end insert— |
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| | ‘(c) | The names, dates of birth and National Insurance numbers held by |
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| | relevant employers to allow cross-referencing of trade union members |
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| | with the sole purpose of completing a membership audit, on request from |
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| | the Certification Officer to complete an investigation.’. |
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| Clause 38, page 44, line 7, at end insert— |
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| | ‘(7A) | Breaches of confidentiality should disqualify an inspector from conducting |
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| | further investigations.’. |
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| Clause 38, page 43, line 40, leave out ‘reasonable steps’ and insert ‘steps |
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| Clause 38, page 43, line 14, at end insert— |
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| | ‘(2A) | The Certification Officer must ensure there is no conflict of interest with the |
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| | appointment of any inspector(s) under section 24ZI(1).’. |
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| Clause 39, page 45, line 10, at end insert— |
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| | ‘(1A) | The declaration should be disclosed to the trade union prior to making |
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| | observations under section 24B(2). The Certification Officer must— |
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| | (a) | specify the provisions with which he considers the trade union may have |
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| | failed to comply and give preliminary written reasons for that view which |
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| | are sufficient to enable the trade union to know the case it has to meet and |
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| | to enable it to make representations to him; and |
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| | (b) | disclose to the union any inspector’s report under section 24ZI in |
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| | sufficient time for it to address that report in any written |
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| Clause 26, page 12, leave out lines 31 to line 3 on page 13 and insert— |
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| | |
| | “For election purposes” means activity which can reasonably be regarded as |
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| | intended for the primary purpose of— |
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| | (a) | promoting or procuring electoral success at any relevant election |
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| | |
| | (i) | one or more particular registered parties; |
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| | (ii) | one or more registered parties who advocate (or do not |
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| | advocate) particular policies or who otherwise fall |
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| | within a particular category of such parties; or |
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| | (iii) | candidates who hold (or do not hold) particular opinions |
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| | or who advocate (or do not advocate) particular policies |
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| | or who otherwise fall within a particular category of |
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| | (b) | otherwise enhancing the standing— |
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| | (i) | of any such party or parties; or |
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| | (ii) | of any such candidates, |
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| | with the electorate in connection with future relevant elections (whether |
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| | imminent or otherwise).’. |
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| Schedule 3, page 55, line 23, leave out sub-paragraph (3) and insert— |
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| | ‘Any manifesto or other document setting out the third party’s view on the |
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| | policies of one or more registered parties or of any category of registered |
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| Schedule 3, page 55, line 32, at end add ‘in connection with an election campaign’. |
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