Political Parties Elections and Referendums Bill

Political Parties Elections and Referendums Bill - continued	House of Commons

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PART VIII

ELECTION CAMPAIGNS AND PROCEEDINGS

Control of donations to candidates

Control of donations to candidates.

121. - (1) The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted-

	"Donations to candidates
Control of donations to candidates.	71A. Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates."

(3) The provisions set out in Schedule 15 shall be inserted as Schedule 2A to that Act.

(4) The amendments made by this section do not have effect in relation to local government elections in Scotland.

Control of candidates' election expenses

Financial limits applying to candidates' election expenses.

122. - (1) Section 76 of the Representation of the People Act 1983 (limitation of election expenses), shall be amended as follows.

(2) For subsection (1) there shall be substituted-

	"(1) The election expenses incurred by-
	(a) a candidate at an election,
	(b) the candidate's election agent, and
	(c) any person authorised in writing by the candidate's election agent,
	must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection."

(3) In subsection (1A) for the words from "subsection" onwards there shall be substituted "any election expenses incurred by any of those candidates, the election agent or any person authorised in writing by the election agent must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d)."

(4) After subsection (1A) there shall be inserted-

	"(1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) or prescribed by order under subsection (2A), any candidate or election agent who-
	(a) incurred, or authorised the incurring of, the election expenses, and
	(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
	shall be guilty of an illegal practice."

(5) In subsection (2), for paragraph (aa) (maximum amount in case of candidate at parliamentary by-election) there shall be substituted-

"(aa) for a candidate at a parliamentary by-election, £100,000;".

(6) The amendments made by this section do not have effect in relation to local government elections in Scotland.

Meaning of "election expenses".

123. - (1) After section 90 of the Representation of the People Act 1983 there shall be inserted-

"Meaning of "election expenses".	90A. - (1) In this Part of this Act "election expenses", in relation to a candidate at an election, means (subject to subsections (2) and (3) and sections 90B and 90C below) any expenses incurred in respect of-
	(a) the acquisition or use of any property, or
	(b) the provision by any person of any goods, services or facilities,
	which is or are used for the purposes of the candidate's election after the date when he becomes a candidate at the election.
	(2) Subsection (1) above applies whether the expenses are incurred before or after that date.
	(3) No election expenses shall be regarded as incurred, by virtue of subsection (1) or (2) above or sections 90B and 90C below, in respect of-
	(a) the payment of any deposit required by rule 9 of Schedule 1 to this Act;
	(b) the publication of any matter, other than an advertisement, relating to the election in-
	(i) a newspaper or periodical,
	(ii) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or
	(iii) a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996;
	(c) the provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than expenses which fall to be defrayed by virtue of sections 95(4) and 96(4) below;
	(d) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
	(4) In this section and in sections 90B and 90C below "for the purposes of the candidate's election" means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.
	(5) In this Part, and in Part III of this Act, any reference to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
Incurring of election expenses for purposes of section 90A	90B. - (1) The election expenses which are to be regarded as incurred for the purposes of section 90A(1) above shall (subject to subsection (2) and section 90C below) be the actual expenses incurred in respect of the acquisition or use of the property, or (as the case may be) the provision of the goods, services or facilities mentioned in section 90A(1).
	(2) Where the property, goods, services or facilities mentioned in subsection (1) above is or are not used exclusively for the purposes of the candidate's election, the election expenses to be regarded as incurred for the purposes of section 90A(1) shall be such proportion of the expenses incurred in respect of their acquisition, use or provision (as the case may be) as is reasonably attributable to the use of the property or (as the case may be) the goods, services or facilities for the purposes of the candidate's election.
Property, goods, services etc. provided free of charge or at a discount.	90C. - (1) Where any property, goods, services or facilities-
	(a) is or are provided for the use of a candidate either-
	(i) free of charge, or
	(ii) at a discount of more than 10 per cent of the market value of the property or (as the case may be) the commercial rate for its use or for the provision of the goods, services or facilities; and
	(b) had its market value or that rate been payable by the candidate, the expenses incurred in that connection would have constituted an amount of election expenses for the purposes of section 90A(1) above,
	an amount of election expenses, determined in accordance with this section, shall be regarded for those purposes as incurred by the candidate, unless that amount is less than £20.
	(2) The amount of election expenses mentioned in subsection (1) above is-
	(a) where the property, goods, services or facilities is or are provided free of charge, the market value of the property or, as the case may be, the commercial rate for its use or for the provision of the goods, services or facilities, or
	(b) where the property, goods, services or facilities is or are provided at a discount, the difference between-
	(i) the market value or, as the case may be, the commercial rate there mentioned, and
	(ii) the amount of expenses actually incurred by the candidate or his election agent in respect of the property, goods, services or facilities.
	(3) Where this section applies the election agent shall make a declaration of the value mentioned in subsection (2)(a) above or the difference mentioned in subsection (2)(b) (as the case may be).
	(4) Where the services of an employee are made available by his employer for the use of a candidate, then for the purposes of this section the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).
	(5) Where the property, goods, services or facilities to which this section applies is or are not used exclusively for the purposes of the candidate's election, the election expenses to be regarded as incurred for the purposes of section 90A(1) above shall be such proportion of the expenses determined in accordance with the provisions of this section as is reasonably attributable to its or their use for the purposes of the candidate's election.
	(6) In this section "market value", in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market."

(2) The amendment made by this section does not have effect in relation to local government elections in Scotland.

Meaning of "candidate".

124. - (1) In section 118 of the Representation of the People Act 1983 (interpretation of Part II), for the definition of candidate there shall be substituted-

	" "candidate"-
	(a) in relation to a parliamentary election, means a person who is nominated as a candidate at the election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for the election, or after the dissolution or vacancy in consequence of which the writ was issued;
	(b) in relation to an election under the local government Act, means a person who is nominated as a candidate at the election, or is declared by himself or others to be a candidate on or after the last day for the publication of the notice of election."

(2) The amendment made by this section does not have effect in relation to local government elections in Scotland.

Corrupt and illegal practices

Corrupt and illegal practices: consequences for persons convicted of such practices.

125. - (1) For section 173 of the Representation of the People Act 1983 there shall be substituted-

"Incapacities on conviction of corrupt or illegal practice.	173. - (1) A person convicted of a corrupt or illegal practice-
	(a) shall, during the relevant period specified in subsection (2) below, be incapable of-
	(i) being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, or
	(ii) being elected to the House of Commons, or
	(iii) holding any elective office; and
	(b) if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (3) and (4) below.
	(2) For the purposes of subsection (1)(a) above the relevant period is the period beginning with the date of the conviction and ending-
	(a) in the case of a person convicted of a corrupt practice, five years after that date, or
	(b) in the case of a person convicted of an illegal practice, three years after that date,
	except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
	(3) Where subsection (1)(b) applies to any person, he shall (subject to subsection (4) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely-
	(a) the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or
	(b) if (at any time within that period) that period is extended-
	(i) the end of the period as so extended, or
	(ii) the end of the period of three months beginning with the date of the conviction,
	whichever is the earlier.
	(4) If (before the appropriate time mentioned in subsection (3) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless-
	(a) such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or
	(b) at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him).
	(5) Where such a person vacates a seat or office in accordance with subsection (3) or (4) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office.
	(6) If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (7) below.
	(7) For the purposes of subsection (6) above the period of suspension is the period beginning with the date of the conviction and ending with-
	(a) the date on which the seat or office is vacated in accordance with subsection (3) or (4) above, or
	(b) where subsection (4)(b) above applies, the date on which the court determines that the conviction should not be upheld.
	(8) Any incapacities or other requirement applying to a person by virtue of subsection (1) or (5) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below.
	(8) Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland."

(2) The amendment made by subsection (1) does not have effect in relation to persons convicted of corrupt or illegal practices at local government elections in Scotland.

Corrupt and illegal practices: election petitions etc.

126. - (1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 16, which in particular modifies the provisions relating to-

(a) the procedure on election petitions; and

(b) the consequences of reports by election courts.

(2) Nothing in Schedule 16 applies to election petitions, or to reports by election courts, in respect of local government elections in Scotland.

Miscellaneous amendments

Election campaigns and proceedings: miscellaneous amendments.

127. - (1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 17, which makes changes to Part II of that Act (the election campaign) and related provisions of Part III of that Act (legal proceedings).

(2) The amendments made by Schedule 17 do not have effect in relation to local government elections in Scotland.

Prepared 21 December 1999