06193.33-39

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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