06193.58-61

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

58
113
Page 99, line 34, at end insert—

“   (1)
Section 50 (definition of donations for the purposes of Part 4) is amended

as follows.

      (2)
In subsection (2), omit paragraph (e).

      (3)
In subsection (4)—

(a)
omit paragraph (a);

(b)
in the words following paragraph (b), omit “the loan or”.”
114
Page 99, line 36, at end insert—

“   (1)
Section 53(4) (value of donations) is amended as follows.

      (2)
For “section 50(2)(e) or (f)” substitute “section 50(2)(f)”.

      (3)
In paragraph (a)—

(a)
omit “the loan or”;

(b)
omit sub-paragraph (i) and the “or” following it.”
115
Page 99, line 39, at end insert—

“   (1)
Section 62 (quarterly donation reports) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
“Relevant benefit”, in relation to any person and any year,

means—

(a)
a relevant donation accepted by the party from that

person as a donor, or

(b)
a relevant transaction within the meaning of section

71M(3) entered into by the party and that person as a

participant;


and a relevant benefit accrues when it is accepted (if it is a

donation) or entered into (if it is a transaction).”

      (3)
In subsection (4)—

(a)
for “donation or donations” (in both places) substitute “benefit or

benefits”;

(b)
after “this subsection” insert “or section 71M(4)”;

(c)
in paragraph (b) for “donations” substitute “benefits”.

      (4)
In subsection (5), in paragraph (b)—

(a)
for “as part of” substitute “together with any other relevant

donation or donations included in”;

(b)
for “donation” (in the second place) substitute “benefit”;

(c)
for “is accepted” substitute “accrues”.

      (5)
In subsection (6)—

(a)
for “donation or donations” (in the first four places) substitute

“benefit or benefits”;

(b)
after “subsection (4)” (in the first place) insert “or section

71M(4)”;

(c)
in paragraph (a), for “subsection (4)” substitute “that provision”;

(d)
in paragraph (b), after “this subsection” insert “or section

71M(6)”;

59

(e)
for the words following paragraph (b) substitute “any relevant

donation falling within subsection (6A)”.

      (6)
After subsection (6) insert—

“(6A)
A relevant donation falls within this subsection—

(a)
if it is a donation of more than £1,000, or

(b)
if, when it is added to any other relevant benefit or

benefits accruing since the time mentioned in subsection

(6)(a) or (b), the aggregate amount of the benefits is more

than £1,000.”

      (7)
In subsection (7)(a), for “donation” (in the first place) substitute

“benefit”.

      (8)
In subsection (7)(b)—

(a)
for “as part of” substitute “together with any other relevant

donation or donations included in”;

(b)
for “that subsection” substitute “subsection (6A)”;

(c)
for “donation” (in the second place) substitute “benefit”;

(d)
for “is accepted” substitute “accrues”.”
116
Page 99, line 42, at end insert—

“   (1)
Section 146 (supervisory powers of Commission) is amended as follows.

      (2)
In subsection (7) after paragraph (a) (before “or”) insert—

“(aa)
a regulated participant (or former regulated

participant),”.

      (3)
In subsection (8), after paragraph (a) (before “or”) insert—

“(aa)
such information or explanations relating to the income

and expenditure of regulated participants in connection

with the political activities as the Commission reasonably

require for the purpose of monitoring compliance on the

part of regulated participants with the requirements

imposed on them by or by virtue of Schedule 7A,”.

      (4)
In subsection (9), after the definition of “regulated donee” insert—

“regulated participant” and “political activities” in relation

to a regulated participant must be construed in

accordance with Schedule 7A;”.

    (1)
Section 148(6) (general offences) is amended as follows.

      (2)
In paragraph (a), after “donee” insert “regulated participant”.

      (3)
In paragraph (b), after sub-paragraph (ii) insert—

“(iia)
a regulated participant which is a

members association,”.

      (4)
In paragraph (c), after sub-paragraph (iii) insert—

“(iiia)
in relation to a regulated participant

which is a members association, the

person responsible for the purposes of

Schedule 7A,”.

      (5)
After paragraph (d) insert—

60

“(da)
“regulated participant” has the same meaning as in

Schedule 7A;”.”
117
Page 99, line 42, at end insert—

“
In Schedule 1 (the Electoral Commission), in paragraph 3(3) (term of

office etc of Electoral Commissioners) after paragraph (c) insert—

“(ca)
he is named as a participant in the register of

recordable transactions reported under Part 4A;”.”
118
Page 99, line 42, at end insert—

“
In Schedule 6, after paragraph 5 insert—

“Application of reporting requirement

5A
If the requirement to record the donation arises only because

the value of the donation has, for the purposes of section 62(4)

or (6), been aggregated with the value of any relevant

transaction or transactions (within the meaning of section

71M), a quarterly report must contain a statement to that

effect.””
119
Page 100, line 2, at end insert—

    “( )
In paragraph 2—

(a)
in sub-paragraph (1), omit paragraph (d);

(b)
in sub-paragraph (3), omit paragraph (a);

(c)
in sub-paragraph (3) omit “the loan or”.”
120
Page 100, line 4, at end insert—

    “( )
In paragraph 5(4)—

(a)
for “2(1)(d) or (e)” substitute “2(1)(e)”;

(b)
in paragraph (a) omit “the loan or”;

(c)
in paragraph (a) omit sub-paragraph (i) and “or” following it”.
121
Page 100, line 4, at end insert—

    “( )
In paragraph 10, for sub-paragraphs (1) and (2) substitute—

  “(1)
A regulated donee must prepare a report under this paragraph

in respect of each controlled donation accepted by the donee

which is a recordable donation.

    (1A)
For the purposes of this paragraph a controlled donation is a

recordable donation—

(a)
if it is a donation of more than £5,000 (where the donee

is a members association) or £1,000 (in any other case);

(b)
if, when it is added to any other controlled benefit or

benefits accruing to the donee—

(i)
from the same person and in the same calendar

year, and

(ii)
in respect of which no report has been

previously made under this paragraph,


the aggregate amount of the benefits is more than

£5,000 (where the donee is a members association) or

£1,000 (in any other case).

61

    (1B)
A controlled benefit is—

(a)
a controlled donation;

(b)
a controlled transaction within the meaning of

paragraph 2 of Schedule 7A.

    (1C)
A controlled benefit which is a controlled donation accrues—

(a)
from the permissible donor who made it, and

(b)
when it is accepted by the donee.

    (1D)
A controlled benefit which is a controlled transaction

accrues—

(a)
from any authorised participant (within the meaning

of paragraph 4(3) of Schedule 7A) who is a party to it,

and

(b)
when it is entered into;


and paragraph 9(6) of Schedule 7A applies for the purposes of

paragraph (b) above.

      (2)
A regulated donee must deliver the report prepared by virtue

of sub-paragraph (1) to the Commission within the period of

30 days beginning with—

(a)
if sub-paragraph (1A)(a) applies, the date of acceptance

of the donation;

(b)
if sub-paragraph (1A)(b) applies, the date on which the

benefit which causes the aggregate amount to exceed

£5,000 or (as the case may be) £1,000 accrues.”

      ( )
In that paragraph, in each of sub-paragraphs (6) and (7)—

(a)
after “In the case of” insert “a controlled benefit which is”;

(b)
for “sub-paragraph (2)(b)” substitute “sub-paragraph (1A)(b)”;

(c)
for “by the same permissible donor” substitute “from the same

person”.

      ( )
In paragraph 12(1), for “that provision” substitute “paragraph 10(2) or

11(1)”.”
122
Page 100, line 9, at end insert—

“European Parliament (Representation) Act 2003 (c. 7)


In section 12 of the European Parliament (Representation) Act 2003—

(a)
in subsection (3) after paragraph (b) insert—

“(ba)
the regulation of loans or credit facilities which

benefit, or any form of security (whether real or

personal) which benefits, registered parties in

Gibraltar or their members or officers;”;

(b)
in subsection (4), before the definition of “donation” insert—

““credit facilities” must be construed in accordance

with section 71F(11) of the Political Parties,

Elections and Referendums Act 2000;”.”
Schedule 2
123
Page 101, leave out line 25