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Lords Amendments to the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill


 
 

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insert—

 

“(a)    

regulated periods beginning after that day, or

 

(b)    

(for the purposes of enactments having effect otherwise than in

 

relation to regulated periods) expenditure incurred after that day.”

92

Page 49, line 36, at end insert—

 

    

“(including a period in relation to which a limit is imposed by that Schedule

 

by virtue of subsection (3)(b) or (6A)(b)).”

93

Page 49, line 37, leave out subsections (3) to (5) and insert—

 

“(3)    

If, apart from this subsection, the day on which this Act is passed would fall

 

within a period in relation to which one or more limits are imposed by

 

paragraph 11 of Schedule 9 to PPERA 2000 (limit on campaign expenditure

 

where combination of parliamentary election and other election)—

 

(a)    

paragraph 11(2) of that Schedule (which disapplies limits and

 

periods which would otherwise be imposed by paragraph 3 of that

 

Schedule and substitutes new limits and periods) is of no effect (and

 

is treated as never having had effect) in relation to the

 

parliamentary general election, and

 

(b)    

for the purposes of paragraph 3 of that Schedule as it applies by

 

virtue of paragraph (a), the relevant period is the Schedule 9

 

transitional period.”

94

Page 50, line 11, leave out “subsection (4) “the transitional” and insert “subsection

 

(3) “the Schedule 9 transitional”

95

Page 50, line 12, leave out paragraph (a) and insert—

 

“(a)    

beginning with 23 May 2014, and”

96

Page 50, line 17, at end insert—

 

“(6A)    

If, apart from this subsection, the day on which this Act is passed would fall

 

within a period in relation to which one or more limits are imposed by

 

paragraph 11 of Schedule 10 to PPERA 2000 (limit on controlled

 

expenditure where combination of parliamentary election and other

 

election)—

 

(a)    

paragraph 11(2) of that Schedule (which disapplies limits and

 

periods which would otherwise be imposed by paragraph 3 of that

 

Schedule and substitutes new limits and periods) is of no effect (and

 

is treated as never having had effect) in relation to the

 

parliamentary general election, and

 

(b)    

for the purposes of paragraph 3 of that Schedule as it applies by

 

virtue of paragraph (a), the relevant period is the Schedule 10

 

transitional period.

 

(6B)    

In subsection (6A) “the Schedule 10 transitional period” means the

 

period—

 

(a)    

beginning with 19 September 2014, and

 

(b)    

ending with the date of the poll for the parliamentary general

 

election.”

97

Page 50, line 17, at end insert—

 

“(6C)    

Subsections (3) and (6A) do not apply in the case of a period in relation to

 

which one or more limits are imposed by paragraph 11 of Schedule 9 to

 

PPERA 2000, or paragraph 11 of Schedule 10 to that Act, that ends with the

 

date of the poll for an early parliamentary general election.


 
 

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(6D)    

An “early parliamentary general election” is a parliamentary general

 

election the date of the poll for which is appointed under section 2(7) of the

 

Fixed-term Parliaments Act 2011.”

98

Page 50, leave out lines 34 to 41

After Clause 42

99

Insert the following new Clause—

 

“Power to make consequential provision

 

(1)    

The Minister may by order made by statutory instrument make provision

 

consequential on any provision of Part 2 or section 42.

 

(2)    

An order under this section—

 

(a)    

may include provision amending or modifying any provision of or

 

made under PPERA 2000 (including any provision inserted by this

 

Act),

 

(b)    

may include incidental, supplementary, transitional, transitory or

 

saving provision, and

 

(c)    

may make different provision for different purposes or cases or for

 

different areas.

 

(3)    

A statutory instrument containing an order under this section that amends

 

or modifies any provision of PPERA 2000 may not be made unless a draft

 

of the instrument containing it has been laid before, and approved by a

 

resolution of, each House of Parliament.

 

(4)    

Any other statutory instrument containing an order under this section is

 

subject to annulment in pursuance of a resolution of either House of

 

Parliament.

 

(5)    

No order may be made under this section after the date of the poll for the

 

first relevant parliamentary general election.

 

(6)    

In this section—

 

“the first relevant parliamentary general election” has the same

 

meaning as in section (Post-election review);

 

“the Minister” means the Secretary of State or the Lord President of

 

the Council;

 

“PPERA 2000” means the Political Parties, Elections and Referendums

 

Act 2000.”

Clause 43

100

Page 50, line 43, at end insert—

 

“( )    

In Part 2 of this Act—

 

(a)    

section 32(12) to (15) extends to the United Kingdom and Gibraltar,

 

and

 

(b)    

section (Post-election review) extends to the United Kingdom.”

Schedule 1

101

Page 53, line 16, at end insert—


 
 

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“3A      

An individual does not carry on the business of consultant lobbying by

 

reason of making communications as an employee in the course of a

 

business carried on by the individual’s employer.”

102

Page 54, line 10, leave out paragraph 9 and insert—

 

“9  (1)  

Where an individual (“A”) makes a communication in the course of a

 

business carried on by another person (“B”), the communication is to be

 

regarded as being made by B as well as by A.

 

      (2)  

Where A is an employee of B, then (whether or not the communication

 

is made on behalf of a third party) A is not to be regarded as making the

 

communication on behalf of B.”

Schedule 2

103

Page 55, line 1, leave out from “but” to end of line 2 and insert “the term for which

 

a person is re-appointed must not be more than 3 years”

Schedule 3

104

Page 57, line 9, leave out “other public meetings or events (other than” and insert

 

“other public events, other than—

 

(a)    

105

Page 57, line 10, after “third party” insert “, or

 

(b)    

any public procession or protest meeting, within the meaning of

 

the Public Processions (Northern Ireland) Act 1998, in respect of

 

which notice is given in accordance with section 6 or 7 of that Act

 

(advance notice of public processions or related protest

 

meetings)”

106

Page 57, line 14, at end insert—

 

         

“But expenses in respect of such events do not include costs

 

incurred in providing for the protection of persons or

 

property.”

107

Page 57, line 14, at end insert—

 

“1A(1)  

Nothing in paragraph 1 extends to—

 

(a)    

expenses incurred in respect of the publication of any

 

matter relating to an election, other than an

 

advertisement, in—

 

(i)    

a newspaper or periodical,

 

(ii)    

a broadcast made by the British Broadcasting

 

Corporation, by Sianel Pedwar Cymru or by

 

the Gibraltar Broadcasting Corporation, or

 

(iii)    

a programme included in any service licensed

 

under Part 1 or 3 of the Broadcasting Act 1990

 

or Part 1 or 2 of the Broadcasting Act 1996;

 

(b)    

expenses incurred in respect of, or in consequence of,

 

the translation of anything from English into Welsh or

 

from Welsh into English;

 

(c)    

reasonable personal expenses incurred by an

 

individual in travelling or in providing for the

 

individual’s accommodation or other personal needs;


 
 

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(d)    

reasonable expenses incurred that are reasonably

 

attributable to an individual’s disability;

 

(e)    

expenses incurred in respect of the provision by any

 

individual of the individual’s own services which the

 

individual provides voluntarily in the individual’s

 

own time and free of charge.

 

      (2)  

In sub-paragraph (1)(d), “disability” has the same meaning as

 

in the Equality Act 2010 (see section 6 of that Act).”

108

Page 57, line 14, at end insert—

 

“Exclusions of background staff costs

 

1A         

Nothing in sub-paragraphs (3) to (5) of paragraph 1 shall be taken as

 

extending to any expenses incurred in respect of remuneration or

 

allowances payable to any member of staff (whether permanent or

 

otherwise) of the third party.”

Schedule 4

109

Page 60, leave out lines 7 to 9

110

Page 60, line 22, leave out “qualifying regulated” and insert “pre-dissolution”

111

Page 60, line 30, leave out “qualifying regulated” and insert “pre-dissolution”

112

Page 60, line 42, leave out “qualifying regulated” and insert “pre-dissolution”

113

Page 60, line 43, leave out “qualifying regulated” and insert “pre-dissolution”

114

Page 60, line 44, leave out “qualifying regulated” and insert “pre-dissolution”

115

Page 61, leave out lines 37 to 40

116

Page 62, line 6, leave out from “period” to end of line 8


 
 

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Revised 22 January 2014