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|
| |
| | |
|
| |
| (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 |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| (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). |
|
| |
| 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 |
| | | | | party entering into regulated |
| | | | | transaction with unauthorised |
| | | | | | | | | | | | | | | Section 71L(2) (treasurer of |
| | | | | party entering into regulated |
| | | | | transaction with unauthorised |
| | | | | | | | | | | On indictment: fine or 1 year |
| | | | Section 71L(3) (party liable if |
| | | | | treasurer fails to repay money |
| | | | | | | | | | transaction with unauthorised |
| | | | | | | | | | | | | | | Section 71L(4) (treasurer |
| | | | | | | | | | | | | | | transaction with unauthorised |
| | | | | | | | | | | On indictment: fine or 1 year |
| | | | | | | | | benefiting from connected |
| | | | | | | | | | unauthorised participant is a |
| | | | | | | | | | | | | | | Section 71L(6) (treasurer of |
| | | | | registered party which benefits |
| | | | | from connected transaction to |
| | | | | | | | | | | | | | | | On indictment: fine or 1 year |
| | | | Section 71L(7) (party liable if |
| | | | | treasurer fails to repay benefit |
| | | | | obtained in consequence of |
| | | | | security given by unauthorised |
| | | | | | | | | | | | | | | Section 71L(8) (treasurer |
| | | | | | | | | | obtained in consequence of |
| | | | | security given by unauthorised |
| | | | | | | | | | | On indictment: fine or 1 year |
| | | | Section 71L(9) (facilitating a |
| | | | | | | | | | | | | | | | | | | | | On indictment: fine or 1 year |
| | | | Section 71S(4) (failure to |
| On summary conviction: Level |
| | | | deliver transaction reports to |
| | | | | | | | | | | | | | | Section 71S(5) (failure to |
| | | | | comply with requirements for |
| | | | | recording transactions in |
| | | | | | | | | | | On indictment: fine or 1 year |
| | | | Section 71T(5) (making a false |
| | | | | declaration about transaction |
| | | | | | | | | | | On indictment: fine or 1 year”. |
| | |
|
|
|
| |
| | |
|
| (7) | Part 5A of Schedule 1 amends the 2000 Act for the purpose of controlling |
|
| loans and certain other transactions involving individuals and members |
|
| |
74 | Insert the following new Clause— |
|
| “Regulation of loans: power to make provision for candidates, third parties and |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (5) | Subsection (4) does not apply to any power to make provision determining |
|
| |
| (6) | The power to make an order under this section is exercisable by statutory |
|
| |
| (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 |
|
| |
|
|
| |
| | |
|
| |
| “candidate” has the same meaning as in Part 2 of the 1983 Act; |
|
| “credit facility” must be construed in accordance with section 71F(11) |
|
| |
| “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 |
|
| |
| “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 |
|
| |
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 |
|
| |
| (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 |
|
| |
| (5) | The power to make an order under this section is exercisable by statutory |
|
| |
|
|
| |
| | |
|
| (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 |
|
| |
| |
| “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).” |
|
|
76 | Page 69, line 5, leave out “may” and insert “must” |
|
|
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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
| |
| | |
|
| (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 |
|
| |
| (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”.” |
|
|
79 | Page 71, line 28, leave out paragraph (h) |
|
80 | Page 72, line 3, leave out subsection (5) |
|
|
81 | Page 72, line 12, leave out paragraph (b) |
|
|
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— |
|
|
|
| |
| | |
|
| “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 |
|
| |
| 64B | In rule 36 of that Schedule (voting by persons with disabilities), in |
|
| |
| (a) | in sub-paragraph (a) for “physical incapacity” substitute |
|
| |
| (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. |
|
| |
91 | Page 88 , line 21, at end insert— |
|
| |
| (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 |
|
| |
| (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 |
|
| |
92 | Page 89, line 11, column 2, at end insert— |
|
|
93 | Page 89 , leave out line 12 |
|
|