14158.7-13

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

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

7

“2A(1)
For the purposes of this Schedule “third party constituency

expenditure” means controlled expenditure incurred by or on

behalf of a third party in relation to—

(a)
election material falling within paragraph 1 of

Schedule 8A which is addressed to electors (whether

addressed to them by name or intended for delivery to

households or otherwise distributed within any

particular constituency or constituencies), or

(b)
unsolicited telephone calls falling within paragraph

1(2) of Schedule 8A, made to such electors or

households which can reasonably be regarded as

intended to ascertain or influence their voting

intention,


where the effects are wholly or substantially confined to any

particular constituencies or constituency.

      (2)
Third party constituency expenditure—

(a)
shall be attributed to those constituencies in equal

proportions, or

(b)
shall be attributed solely to that constituency,


as the case may be.

      (3)
For the purposes of sub-paragraph (1), the effects of third

party constituency expenditure are wholly or substantially

confined to any particular constituencies or constituency if—

(a)
there is no significant effect in any other constituency

or constituencies, and

(b)
it can reasonably be inferred that the third party

selected the relevant electors or households (or both) or

otherwise distributed the material wholly or

substantially to contact electors in the particular

constituency or constituencies and not a wider section

of the public.”
27
Page 16, line 29, leave out “controlled” and insert “third party constituency”
28
Page 16, leave out lines 34 to 45
29
Page 17, leave out lines 16 to 20
30
Page 17, line 22, leave out “(3C)” and insert “(3B)”
31
Page 17, line 44, leave out from beginning to end of line 5 on page 18
32
Page 18, line 7, leave out “(5C)” and insert “(5B)”
33
Page 18, line 8, leave out paragraph (g)
34
Page 18, line 18, leave out “(3C)” and insert “(3B)”
35
Page 18, line 19, leave out “(5C)” and insert “(5B)”
36
Page 18, leave out lines 33 to 44
37
Page 19, leave out lines 15 to 26
Clause 29
38
Page 20, line 12, leave out from “parties)” to “insert” in line 13 and insert—

8

“(a)
in subsection (6), after “the purposes of this section” insert “,

sections 94D to 94H”;

(b)
in subsections (8) and (10), after “sections 94A and 94B” (as inserted

by section (Arrangements between third parties notified to the Electoral

Commission))”
39
Page 20, line 15, leave out “94” and insert “94B (as inserted by section (Arrangements

between third parties notified to the Electoral Commission))”
40
Page 21, line 7, leave out “3(2), 9(3) or (5), 10(3) or 11(3)” and insert “3, 9, 10 or 11”
41
Page 21, leave out lines 18 and 19
42
Page 22, line 5, at end insert—

“( )
It is a defence for a third party charged with an offence under subsection

(2) or (3) to show—

(a)
that any code of practice for the time being issued under paragraph

2 of Schedule 8A was complied with in determining whether any

expenditure is controlled expenditure for the purposes of this Part,

and

(b)
that the offence would not have been committed on the basis of the

controlled expenditure as determined in accordance with the code.”
Clause 30
43
Page 24, line 32, leave out “94B(4)” and insert “94(5ZA), 94B(4) or 96(2)(aa)”
44
Page 24, line 33, leave out “, (2A) or (2B)” and insert “or (2A)”
Clause 31
45
Page 24, line 39, at end insert—

“( )
In subsection (2), after paragraph (c) insert—

“(ca)
a body incorporated by Royal Charter which does not fall

within any of those paragraphs of section 54(2),

(cb)
a charitable incorporated organisation within the meaning

of Part 11 of the Charities Act 2011 or within the meaning of

the Charities Act (Northern Ireland) 2008,

(cc)
a Scottish charitable incorporated organisation within the

meaning of Chapter 7 of Part 1 of the Charities and Trustee

Investment (Scotland) Act 2005 (asp 10),

(cd)
a partnership constituted under the law of Scotland which

carries on business in the United Kingdom,”.”
46
Page 25, line 2, after “(ia)” insert “in the case of a body falling within any of

paragraphs (b) and (d) to (h) of section 54(2),”
47
Page 25, line 3, at end insert—

“( )
After subsection (3)(c) insert—

“(d)
if given by a body falling within any of paragraphs (ca) to

(cd) of subsection (2), state—

(i)
the relevant details in relation to the body (see

subsection (3C)), and

9

(ii)
the name of the person or officer who will be

responsible for compliance on the part of the body

with the provisions of Chapter 2,


and be signed by the body’s secretary or a person who acts

in a similar capacity in relation to the body.”

( )
In subsection (3A)—

(a)
for “or (c)(ii)” (in both places) substitute “, (c)(ii) or (d)(ii)”;

(b)
after “(3)(c)” insert “or (d)”.”
48
Page 25, line 5, after “(3B)” insert “For the purposes of subsection (3)(c),”
49
Page 25, line 27, at end insert—

“(3C)
For the purposes of subsection (3)(d), the “relevant details” in

relation to a body are—

(a)
in the case of a body falling within subsection (2)(ca) (body

incorporated by Royal Charter)—

(i)
the name of the body,

(ii)
the address of its main office in the United Kingdom,

and

(iii)
the names of its officers or the members of its

governing body;

(b)
in the case of a body falling within subsection (2)(cb) or (cc)

(charitable incorporated organisation)—

(i)
the name of the body,

(ii)
the address of its principal office, and

(iii)
the names of its charity trustees within the meaning

of the Charities Act 2011, the Charities Act

(Northern Ireland) 2008 or the Charities and Trustee

Investment (Scotland) Act 2005 (asp 10);

(c)
in the case of a body falling within subsection (2)(cd)

(Scottish partnership)—

(i)
the name of the body,

(ii)
the address of its main office in the United Kingdom,

and

(iii)
the names of the partners.””
50
Page 25, line 27, at end insert—

“( )
In section 85(7)(c) of that Act (definition of “responsible person”), after

“88(3)(c)(ii)” insert “or (d)(ii)”.”
Clause 32
51
Page 25, line 34, leave out “Subject to section 95B,”
52
Page 25, line 36, leave out “qualifying regulated” and insert “pre-dissolution”
53
Page 25, line 40, leave out “qualifying regulated” and insert “pre-dissolution”
54
Page 25, line 42, leave out “qualifying regulated” and insert “pre-dissolution”
55
Page 25, line 43, at end insert—

“( )
A “pre-dissolution period” means a period—

10

(a)
beginning with the first day of a qualifying regulated

period, and

(b)
ending with the day before the day (or the last day) during

that qualifying regulated period on which Parliament is

dissolved.”
56
Page 26, line 3, after “elections)” insert “other than a period including the date of

the poll for an early parliamentary general election.

( )
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.”
57
Page 26, line 25, leave out from “recorded” to end of line 27
58
Page 26, line 27, at end insert—

“( )
This section does not require the preparation of a quarterly report

in respect of a reporting period if no reportable donations are

accepted, or dealt with, as described in subsection (5)(b), by the

recognised third party during that period.”
59
Page 26, leave out lines 28 to 31
60
Page 26, line 36, leave out from beginning to end of line 32 on page 27
61
Page 27, line 34, leave out “Subject to section 95D,”
62
Page 27, line 45, leave out “during a qualifying regulatory period”
63
Page 27, line 46, after “dissolved” insert “for a parliamentary general election”
64
Page 28, line 1, leave out from “date” to the end of line 2 and insert “during a

qualifying regulated period which is the date of the poll for that election.”
65
Page 28, line 7, leave out “general election” and insert “qualifying regulated”
66
Page 28, line 19, at end insert—

“( )
This section does not require the preparation of a weekly report in

respect of a reporting period if no substantial donations are

received by the recognised third party during that period.”
67
Page 28, line 21, leave out from “period”” to end of line 22 and insert “means a

period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of

Schedule 10 (periods involving parliamentary general elections);”
68
Page 28, line 28, leave out from beginning to end of line 24 on page 29
69
Page 30, line 23, leave out “qualifying regulated” and insert “pre-dissolution”
70
Page 30, line 27, leave out “qualifying regulated” and insert “pre-dissolution”
71
Page 30, line 33, leave out “qualifying regulated” and insert “pre-dissolution”
72
Page 30, line 36, leave out “qualifying regulated” and insert “pre-dissolution”
73
Page 31, line 1, leave out “qualifying regulated” and insert “pre-dissolution”
74
Page 31, line 25, leave out subsections (3) and (4)

11

After Clause 32
75
Insert the following new Clause—

“Returns as to controlled expenditure

(1)
Section 96 of the Political Parties, Elections and Referendums Act 2000

(returns as to controlled expenditure) is amended as follows.

(2)
For subsection (1) substitute—

“(1)
Subsection (1A) applies where—

(a)
during a regulated period, any controlled expenditure is

incurred by or on behalf of a recognised third party in a

relevant part of the United Kingdom, and

(b)
the incurring of that expenditure would, if the third party

had not been recognised, have been an offence under

section 94(4) (whether because it was incurred in excess of a

limit mentioned in section 94(5) or (5ZA)).

(1A)
The responsible person must prepare a return in respect of the

controlled expenditure incurred by or on behalf of the third party

during that period in each relevant part of the United Kingdom.”

(3)
In subsection (7)—

(a)
in the opening words, for “(1)(a)” substitute “(1A)”;

(b)
in paragraph (a), omit “falling within subsection (1)(a)”.”
Clause 33
76
Page 33, line 16, at end insert—

“( )
In sections 90(3) and 94(8), (10) and (11), for “99” substitute “99A”.”
77
Page 33, line 28, leave out from “must” to end of line 31 and insert “include—

(a)
a statement of the income and expenditure of the third party

for the regulated period, and

(b)
a statement of its assets and liabilities at the end of that

period.”
78
Page 34, leave out line 11
79
Page 34, line 13, leave out from “satisfied” to end of line 18 and insert—

“( )
that a statement or statements prepared or to be prepared by

the third party under any enactment contains or will contain

the information required by subsection (2) or equivalent

information, and”
80
Page 34, line 19, leave out “(or, on publication, will be)” and insert “, or will be,”
81
Page 34, line 20, at end insert—

“( )
Equivalent information is—

(a)
a statement or statements of the income and expenditure for

a period or periods other than the regulated period, or

(b)
a statement or statements of assets and liabilities at a date or

dates other than the end of that period,

12


but which in the Commission’s opinion gives a sufficient indication

of the third party’s accounts for, or at the end of, the regulated

period.”
82
Page 34, line 46, leave out from beginning to end of line 13 on page 35 and insert—

““(2A)
Where a statement of accounts falls to be prepared under section

96A, the responsible person must deliver—

(a)
the statement, and

(b)
if an auditor’s report on the statement falls to be prepared

under section 97(1A), that report,


to the Commission before the end of the period of 6 months

beginning with the end of the period under subsection (1) or (2) for

the delivery of the relevant section 96 return.

(2B)
“The relevant section 96 return” means the return mentioned in

section 96A(1)(a) which gives rise to the duty to prepare the

statement of accounts.””
83
Page 35, line 17, leave out “or (2B)”
84
Page 35, line 43, leave out “a return is delivered under section 98(2) and”
85
Page 35, line 46, after “the” insert “relevant section 96”
86
Page 36, line 2, at end insert—

“(5)
In subsection (4)(a), “the relevant section 96 return” has the

meaning given by section 98(2B).””
After Clause 34
87
Insert the following new Clause—

“Candidate’s personal expenses not to count for local election expenses limit in

England and Wales

(1)
In section 76(5) of the RPA 1983 (exclusion of personal expenses from

limitation on election expenses), after “subsection (1A) above)” insert “or a

local government election in England or Wales”.

(2)
Subsection (3) applies where, before the relevant date, an enactment—

(a)
provides that section 76 of the RPA 1983 is to have effect in relation

to an election of any description as it has effect in relation to a local

government election in England or Wales, or

(b)
otherwise makes provision (however expressed) to the effect that

that section applies to an election of any description as it applies to

a local government election in England or Wales.

(3)
If the date of the poll at an election of that description is on or after the

relevant date, section 76 of the RPA 1983 applies to the election as amended

by subsection (1).

(4)
In this section—

“the RPA 1983” means the Representation of the People Act 1983,

“the relevant date” means the date on which the amendment made by

subsection (1) comes into force, and

13

“an enactment” means an Act of Parliament or any subordinate

legislation (within the meaning of the Interpretation Act 1978).”
After Clause 35
88
Insert the following new Clause—

“Post-election review

(1)
The Minister must, within the period of 12 months beginning with the day

on which this Act is passed, appoint a person to conduct a review of the

operation of Part 6 of the Political Parties, Elections and Referendums Act

2000 in relation to the first relevant parliamentary general election.

(2)
The “first relevant parliamentary general election” is the first

parliamentary general election to be held after the beginning of the first

Part 6 regulated period in relation to which one or more of the amendments

made by this Part mentioned in section 42(1) have effect.

(3)
A “Part 6 regulated period” is a regulated period within the meaning given

by section 42(2)(b).

(4)
The Minister may specify matters which the review must, in particular,

consider.

(5)
On completion of the review, the appointed person must—

(a)
make a written report on the review, and

(b)
provide a copy of the report to the Minister.

(6)
The Minister must—

(a)
lay a copy of the report before Parliament, and

(b)
publish the report in such manner as the Minister considers

appropriate.

(7)
The report under subsection (6) shall be laid before Parliament not more

than 18 months after the date of the first relevant parliamentary general

election.

(8)
The Minister may pay to the appointed person such remuneration and

expenses as the Minister may determine.

(9)
“The Minister” means the Secretary of State or the Lord President of the

Council.”
Clause 41
89
Page 49, line 2, at end insert—

“( )
section 26(10) and (11)(definition of “election material”);”
90
Page 49, line 6, at end insert—

“( )
section (Candidate’s personal expenses not to count for local

election expenses limit in England and Wales) (candidate’s

personal expenses not to count for local election expenses

limit in England and Wales);”
Clause 42
91
Page 49, line 32, leave out “regulated periods beginning after that day” and