06193.54-57

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

54

(b)
the Commission think that the arrangements

correspond to the requirements of paragraph 9.

      (3)
The Commission must make such arrangements as they think

appropriate corresponding to section 71V (subject to such

modifications as may be prescribed by the Secretary of State in

regulations) to maintain a register of such information as they

receive relating to such transactions.

      (4)
In sub-paragraph (2)(a) a relevant body is—

(a)
if the holder of a relevant elective office is a member of

a body mentioned in paragraphs (a) to (f) of paragraph

1(8) of Schedule 7, that body;

(b)
if the holder of a relevant elective office is the Mayor of

London, the London Assembly;

(c)
if the holder of a relevant elective office is an elected

mayor within the meaning of Part 2 of the Local

Government Act 2000, the local authority of which he

is the mayor.

      (5)
For the purposes of sub-paragraph (1) it is immaterial whether

the transaction is entered into by the holder of the office in that

capacity or in his capacity as a member of a registered party.

Proceedings under paragraphs 5 and 12

17  (1)
This paragraph has effect in relation to proceedings on

applications under paragraphs 5(4) and 12(4).

      (2)
The court is—

(a)
in England and Wales, the county court;

(b)
in Scotland, the sheriff, and the proceedings are civil

proceedings;

(c)
in Northern Ireland, the county court.

      (3)
The standard of proof is that applicable to civil proceedings.

      (4)
An order may be made whether or not proceedings are

brought against any person for an offence under paragraph 8

or 12(1) or (2).

      (5)
An appeal against an order made by the sheriff may be made

to the Court of Session.

      (6)
Rules of court may make provision—

(a)
with respect to applications or appeals from

proceedings on such applications;

(b)
for the giving of notice of such applications or appeals

to persons affected;

(c)
for the joinder, or in Scotland sisting, of such persons as

parties;

(d)
generally with respect to procedure in such

applications or appeals.

      (7)
Sub-paragraph (6) does not affect any existing power to make

rules.”

55

86D
In section 156(4) (provision about subordinate legislation), after

paragraph (i) insert—

“(ia)
paragraph 2(9) or 4(4) of Schedule 7A,”.

86E
In Schedule 20 (penalties), after the entry relating to paragraph 14(5) of

Schedule 7 insert—

“Paragraph 8(1) of Schedule
On summary conviction:

7A (individual regulated
statutory maximum or 12

participant knowingly enters
months

controlled transaction with

unauthorised participant)

On indictment: fine or 1 year

Paragraph 8(2) of Schedule
On summary conviction:

7A (responsible person of
statutory maximum or 12

members association which
months

enters controlled transaction

with unauthorised

participant)

On indictment: fine or 1 year

Paragraph 8(3) of Schedule
On summary conviction:

7A (individual regulated
statutory maximum or 12

participant failing to repay
months

money obtained under

controlled transaction with

unauthorised participant)

On indictment: fine or 1 year

Paragraph 8(4) of Schedule
On summary conviction:

7A (responsible person failing
statutory maximum or 12

to repay money obtained by
months

members association under

controlled transaction with

unauthorised participant)

On indictment: fine or 1 year

Paragraph 8(5) of Schedule
On summary conviction:

7A (regulated participant
statutory maximum or 12

knowingly benefits from
months

connected transaction

involving unauthorised

participant)

On indictment: fine or 1 year

Paragraph 8(6) of Schedule
On summary conviction:

7A (responsible person of
statutory maximum or 12

members association which
months

knowingly benefits from

connected transaction

involving unauthorised

participant)

On indictment: fine or 1 year

Paragraph 8(7) of Schedule
On summary conviction:

7A (individual regulated
statutory maximum or 12

participant failing to repay
months

value of benefit obtained in

consequence of connected

transaction involving

unauthorised participant)

On indictment: fine or 1 year

Paragraph 8(8) of Schedule
On summary conviction:

7A (responsible person failing
statutory maximum or 12

to repay value of benefit
months

obtained by members

association in consequence of

connected transaction

involving unauthorised

participant)

On indictment: fine or 1 year

Paragraph 8(9) of Schedule
On summary conviction:

7A (facilitating controlled
statutory maximum or 12

transaction involving
months

unauthorised participant)

On indictment: fine or 1 year

Paragraph 12(1) of Schedule
On summary conviction:

7A (failure to deliver
Level 5

transaction report to

Commission within time

limit)

Paragraph 12(2) of Schedule
On summary conviction:

7A (failure to comply with
statutory maximum or 12

requirements for recording
months

transactions on transaction

reports)

On indictment: fine or 1 year

Paragraph 13(4) of Schedule
On summary conviction:

7A (making a false
statutory maximum or 12

declaration about a
months

transaction report)

On indictment: fine or 1 year

56

57

86F(1)
The Secretary of State must not make an order under section 72 for the

purposes of paragraph 16 of Schedule 7A to the 2000 Act (as inserted by

paragraph 86C) as it applies to the holders of a relevant elective office

unless he is informed by the Commission that they are satisfied that they

will receive the information mentioned in paragraph 16(2) of that

Schedule (as so inserted) in relation to such holders of relevant elective

office.

      (2)
In sub-paragraph (1) references to the holder of a relevant elective office

must be construed in accordance with Schedule 7 to the 2000 Act.”
104
Page 94, line 32, leave out “114” and insert “114A”
105
Page 94, line 32, at end insert—

“88A
In section 10 (maintenance of registers: annual canvass), in subsection

(4B) for “any incapacity” substitute “blindness or any other disability”.

88B
In section 10A (maintenance of registers: registration of electors), in

subsection (1B) for “any incapacity” substitute “blindness or any other

disability”.”
106
Page 98, line 30, at end insert—

“114A
The amendments made by paragraphs 93, 94, 96, 99 and 101 do not apply

to a local government election in Scotland.”
107
Page 98, line 31, at end insert—

“114B
In section 6 of the Representation of the People Act 1985 (absent vote at

parliamentary elections for an indefinite period), in subsection (2)(b) for

“physical incapacity” substitute “disability”.”
108
Page 98, line 32, leave out “the Representation of the People Act 1985” and insert

“that Act”
109
Page 99, line 15, at end insert—

    “( )
In paragraph 3(3)(b) after “by reason of” insert “blindness or other

disability or, in the case of local government elections in Scotland, by

reason of”.”
110
Page 99, line 21, at end insert—

“
In section 3 (appointment of Electoral Commissioners and Commission

chairman), in subsection (4)(d) after sub-paragraph (iii) insert “, or

(iv)
been named as a participant in the register

of recordable transactions reported under

Part 4A.””
111
Page 99, line 21, at end insert—

“
In section 24 (office-holders to be registered), in subsection (4), for

paragraph (a) substitute—

“(a)
with the provisions of Parts 3, 4 and 4A (accounting

requirements and control of donations, loans and certain

other transactions)”.”
112
Page 99, line 21, at end insert—

“
In section 27 (financial structure of registered parties: accounting units),

in subsection (2)(a) for “Parts III and IV” substitute “Parts 3, 4 and 4A”.”