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33

 
 

      (4)  

The report must—

 

(a)    

if the person giving the security receives from the

 

registered party any consideration for giving the security,

 

give a statement of that consideration;

 

(b)    

in any other case, state that no such consideration is

 

received.

 

8    (1)  

For the purposes of paragraph 5(4) as it applies to a quarterly

 

report, the relevant date for a transaction is—

 

(a)    

if the transaction is within section 71M(4)(a) or (7)(a), the

 

date when the transaction was entered into by the party

 

or the accounting unit;

 

(b)    

if the transaction is within section 71M(4)(b) or (7)(b), the

 

date when the party or the accounting unit entered into

 

the transaction which caused the aggregate amount in

 

question to be more than the limit specified in that

 

provision.

 

      (2)  

For the purposes of paragraph 5(4) as it applies to a weekly

 

report, the relevant date for a transaction is the date when the

 

transaction was entered into by the party or its central

 

organisation as mentioned in section 71Q(3).

 

Other details

 

9    (1)  

The Secretary of State may by order amend paragraphs 2 to 7 so

 

as to vary the details which a quarterly or weekly report must

 

give about a transaction.

 

      (2)  

The Secretary of State must not make an order under sub-

 

paragraph (1) unless he first consults the Commission.”

 

(6)    

In Schedule 20 to that Act (penalties), after the entry relating to section

 

71E(5) (as inserted by paragraph 2 of Schedule 1 to the Northern Ireland

 

(Miscellaneous Provisions) Act 2006) insert—

 

“Section 71L(1) (registered

On summary conviction:

 
 

party entering into regulated

statutory maximum

 
 

transaction with unauthorised

  
 

participant)

  
  

On indictment: fine

 
 

Section 71L(2) (treasurer of

On summary conviction:

 
 

party entering into regulated

statutory maximum or 12

 
 

transaction with unauthorised

months

 
 

participant)

  
  

On indictment: fine or 1 year

 
 

Section 71L(3) (party liable if

On summary conviction:

 
 

treasurer fails to repay money

statutory maximum

 
 

obtained under regulated

  
 

transaction with unauthorised

  
 

participant)

  
  

On indictment: fine

 
 

Section 71L(4) (treasurer

On summary conviction:

 
 

failing to repay money

statutory maximum or 12

 
 

obtained under regulated

months

 
 

transaction with unauthorised

  
 

participant)

  
  

On indictment: fine or 1 year

 
 

Section 71L(5) (party

On summary conviction:

 
 

benefiting from connected

statutory maximum

 
 

transaction to which an

  
 

unauthorised participant is a

  
 

party)

  
  

On indictment: fine

 
 

Section 71L(6) (treasurer of

On summary conviction:

 
 

registered party which benefits

statutory maximum or 12

 
 

from connected transaction to

months

 
 

which an unauthorised

  
 

participant is a party)

  
  

On indictment: fine or 1 year

 
 

Section 71L(7) (party liable if

On summary conviction:

 
 

treasurer fails to repay benefit

statutory maximum

 
 

obtained in consequence of

  
 

security given by unauthorised

  
 

participant)

  
  

On indictment: fine

 
 

Section 71L(8) (treasurer

On summary conviction:

 
 

failing to repay benefit

statutory maximum or 12

 
 

obtained in consequence of

months

 
 

security given by unauthorised

  
 

participant)

  
  

On indictment: fine or 1 year

 
 

Section 71L(9) (facilitating a

On summary conviction:

 
 

regulated transaction

statutory maximum or 12

 
 

involving unauthorised

months

 
 

participant)

  
  

On indictment: fine or 1 year

 
 

Section 71S(4) (failure to

On summary conviction: Level

 
 

deliver transaction reports to

5

 
 

Commission within time

  
 

limits)

  
 

Section 71S(5) (failure to

On summary conviction:

 
 

comply with requirements for

statutory maximum or 12

 
 

recording transactions in

months

 
 

transaction report)

  
  

On indictment: fine or 1 year

 
 

Section 71T(5) (making a false

On summary conviction:

 
 

declaration about transaction

statutory maximum or 12

 
 

report)

months

 
  

On indictment: fine or 1 year”.

 

 
 

34


 
 

35

 
 

(7)    

Part 5A of Schedule 1 amends the 2000 Act for the purpose of controlling

 

loans and certain other transactions involving individuals and members

 

associations.”

74

Insert the following new Clause—

 

“Regulation of loans: power to make provision for candidates, third parties and

 

referendums

 

(1)    

The Secretary of State may by order make in relation to a relevant matter

 

such provision as he thinks appropriate which corresponds to or is similar

 

to any provision of Part 4A of or Schedule 7A to the 2000 Act (the relevant

 

transaction provisions).

 

(2)    

A relevant matter is a loan, credit facility or any form of security (whether

 

real or personal) which benefits—

 

(a)    

a candidate at an election;

 

(b)    

a recognised third party;

 

(c)    

a permitted participant in a referendum.

 

(3)    

An order under this section may—

 

(a)    

amend or repeal any enactment (whenever passed);

 

(b)    

create an offence corresponding or similar to any offence created by

 

the relevant transaction provisions;

 

(c)    

confer power on the Secretary of State to make provision by order

 

corresponding to any such power in the relevant transaction

 

provisions;

 

(d)    

make different provision for different purposes;

 

(e)    

make such supplemental, incidental, consequential, transitional or

 

savings provision as the Secretary of State thinks necessary or

 

expedient in connection with the order.

 

(4)    

An order under this section which confers power to make an order by

 

virtue of subsection (3)(c) must require the order—

 

(a)    

to be made by statutory instrument;

 

(b)    

not to be made unless a draft of the instrument containing the order

 

has been laid before and approved by resolution of each House of

 

Parliament.

 

(5)    

Subsection (4) does not apply to any power to make provision determining

 

a rate of interest.

 

(6)    

The power to make an order under this section is exercisable by statutory

 

instrument.

 

(7)    

No such order may be made unless a draft of the instrument containing the

 

order has been laid before and approved by resolution of each House of

 

Parliament.


 
 

36

 
 

(8)    

In this section—

 

“candidate” has the same meaning as in Part 2 of the 1983 Act;

 

“credit facility” must be construed in accordance with section 71F(11)

 

of the 2000 Act;

 

“election” has the same meaning as in section 202 of the 1983 Act;

 

“permitted participant” has the same meaning as in Part 7 of the 2000

 

Act;

 

“recognised third party” has the same meaning as in Part 6 of that Act.

 

(9)    

An order under this section must not make provision which is within the

 

legislative competence of the Scottish Parliament.

 

(10)    

Subsection (9) does not apply to provision made by virtue of subsection

 

(3)(e).”

75

Insert the following new Clause—

 

“Regulation of loans etc: Northern Ireland

 

(1)    

The Secretary of State may, after consulting the Electoral Commission, by

 

order make provision relating to regulated transactions, controlled

 

transactions or relevant matters which corresponds to or is similar to any

 

provision (“relevant provision”) relating to donations for political

 

purposes which is made by, or which may be made under, the Northern

 

Ireland (Miscellaneous Provisions) Act 2006 (“the 2006 Act”).

 

(2)    

But if a relevant provision has effect, or would have effect, subject to a

 

temporal limitation, a provision of an order under this section which

 

corresponds to or is similar to the relevant provision must be subject to the

 

same temporal limitation.

 

(3)    

An order under this section may in particular—

 

(a)    

amend, repeal or revoke any provision made by or under an Act of

 

Parliament or Northern Ireland legislation (whenever passed or

 

made);

 

(b)    

create an offence corresponding or similar to any offence relating to

 

donations for political purposes created by the 2006 Act;

 

(c)    

confer power on the Secretary of State to make provision by order

 

corresponding or similar to any such power relating to donations

 

for political purposes conferred by the 2006 Act;

 

(d)    

make different provision for different purposes;

 

(e)    

make such supplemental, incidental, consequential, transitional or

 

savings provision as the Secretary of State thinks necessary or

 

expedient in connection with the order.

 

(4)    

An order under this section which confers power to make an order by

 

virtue of subsection (3)(c) must require the order—

 

(a)    

to be made only after consulting the Electoral Commission;

 

(b)    

to be made by statutory instrument; and

 

(c)    

not to be made unless a draft of the instrument containing the order

 

has been laid before and approved by a resolution of each House of

 

Parliament.

 

(5)    

The power to make an order under this section is exercisable by statutory

 

instrument.


 
 

37

 
 

(6)    

No such order may be made unless a draft of the instrument containing the

 

order has been laid before and approved by a resolution of each House of

 

Parliament.

 

(7)    

In this section—

 

“regulated transaction” has the same meaning as in Part 4A of the 2000

 

Act (see section 71F of that Act);

 

“controlled transaction” has the same meaning as in Schedule 7A to

 

that Act (see paragraphs 1 and 2 of that Schedule);

 

“relevant matter” has the same meaning as in section (Regulation of

 

loans: power to make provision for candidates, third parties and

 

referendums) of this Act (see subsection (2) of that section).”

Clause 66

76

Page 69, line 5, leave out “may” and insert “must”

After Clause 68

77

Insert the following new Clause—

 

“Pre-consolidation amendments

 

(1)    

The Secretary of State may by order make such amendments of the

 

enactments relating to the representation of the people as in his opinion

 

facilitate or are otherwise desirable in connection with the consolidation of

 

some or all of those enactments.

 

(2)    

The enactments relating to the representation of the people are—

 

(a)    

the Representation of the People Act 1983;

 

(b)    

the Representation of the People Act 1985;

 

(c)    

the Representation of the People Act 1989;

 

(d)    

the Representation of the People Act 1993;

 

(e)    

the Representation of the People Act 2000;

 

(f)    

the Electoral Administration Act 2006;

 

(g)    

the Elections (Northern Ireland) Act 1985;

 

(h)    

the Electoral Fraud (Northern Ireland) Act 2002;

 

(i)    

the Northern Ireland (Miscellaneous Provisions) Act 2006;

 

(j)    

an enactment referring to any enactment falling within paragraphs

 

(a) to (i).

 

(3)    

An order under this section must not come into force unless an Act

 

consolidating the enactments amended by the order (with or without other

 

enactments relating to the representation of the people) has been passed.

 

(4)    

An order under this section must not come into force until immediately

 

before that Act comes into force.

 

(5)    

Subsection (6) applies if the provisions of that Act come into force at

 

different times.

 

(6)    

So much of an order under this section as amends an enactment repealed

 

and re-enacted by a provision of that Act comes into force immediately

 

before that provision.


 
 

38

 
 

(7)    

An order under this section must not be made unless the Secretary of State

 

first consults the Electoral Commission.

 

(8)    

An order under this section must be made by statutory instrument, but no

 

such order may be made unless a draft of the statutory instrument

 

containing the order has been laid before, and approved by a resolution of,

 

each House of Parliament.

 

(9)    

An order under this section must not make any provision which would, if

 

it were included in an Act of the Scottish Parliament, be within the

 

legislative competence of that Parliament.”

78

Insert the following new Clause—

 

“Legal incapacity to vote

 

         

Abolition of common law incapacity: mental state

 

(1)    

Any rule of the common law which provides that a person is subject to a

 

legal incapacity to vote by reason of his mental state is abolished.

 

(2)    

Accordingly, in section 202(1) of the 1983 Act (general provisions as to

 

interpretation), in the definition of “legal incapacity” after “addition” insert

 

“, where applicable,”.

 

(3)    

And in section 10(1) of the Elected Authorities (Northern Ireland) Act 1989

 

(c. 3) (interpretation), in the definition of “legal incapacity” omit the words

 

“or of any subsisting provision of the common law”.”

Clause 72

79

Page 71, line 28, leave out paragraph (h)

80

Page 72, line 3, leave out subsection (5)

Clause 73

81

Page 72, line 12, leave out paragraph (b)

Schedule 1

82

Page 75, line 29, at end insert—

 

    “( )  

In rule 29 (equipment of polling stations), in paragraph (3)(c) for “names

 

of” substitute “entries relating to”.”

83

Page 76, line 16, leave out “not” and insert “also”

84

Page 84, line 35, leave out “has permission to attend granted under” and insert “is

 

entitled to attend by virtue of”

85

Page 85, line 15, leave out “have permission to attend granted under” and insert

 

“are entitled to attend by virtue of”

86

Page 85, line 25, leave out “has permission to attend granted under” and insert “is

 

entitled to attend by virtue of”

87

Page 87, line 35, at end insert—


 
 

39

 
 

“Assistance for persons with disabilities

 

64A      

In rule 35 of Schedule 5 (votes marked by presiding officer)—

 

(a)    

in paragraph (1)(a) for “physical cause” substitute “disability”;

 

(b)    

after paragraph (5) insert—

 

  “(6)  

In this rule and in rule 36, reference to disability, in

 

relation to voting, includes a short term inability to

 

vote.”

 

64B      

In rule 36 of that Schedule (voting by persons with disabilities), in

 

paragraph (1)—

 

(a)    

in sub-paragraph (a) for “physical incapacity” substitute

 

“disability”;

 

(b)    

for “other incapacity” substitute “other disability”.

 

64C      

In rule 41 of that Schedule (procedure on close of poll), in paragraph

 

(1)(f) for ““physical incapacity”” substitute ““disability””.

 

64D      

In the Appendix of Forms in that Schedule, in Note number 2 to the Form

 

of declaration to be made by the companion of a voter with disabilities

 

for “incapacity” substitute “disability”.”

88

Page 88, line 11, leave out sub-paragraph (3)

89

Page 88 , line 17, leave out first “In”

90

Page 88 , line 17, after “elections)” insert “is amended as follows.

 

      (2)  

91

Page 88 , line 21, at end insert—

 

      “()  

In paragraph (1B)—

 

(a)    

omit “and” after paragraph (a);

 

(b)    

after sub-paragraph (b) insert—

 

“(c)    

the postal voting statement also states the date

 

of birth of the elector or proxy (as the case may

 

be), and

 

(d)    

in a case where steps for verifying the date of

 

birth and signature of an elector or proxy have

 

been prescribed, the returning officer (having

 

taken such steps) verifies the date of birth and

 

signature of the elector or proxy (as the case

 

may be).””

92

Page 89, line 11, column 2, at end insert—

  

“(c)    

At an election

 
  

held in

 
  

Northern

 
  

Ireland, “What

 
  

is your date of

 
  

birth?””

 

93

Page 89 , leave out line 12


 
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