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| Tuesday 4th November 2008 |
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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Political Parties and Elections Bill Committee 25-33 |
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| Political Parties and Elections Bill |
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| | Opting in to the edited electoral register |
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| To move the following Clause:— |
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| | ‘(1) | The Representation of the People (England and Wales) (Amendment) |
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| | Regulations 2001 (SI 2001/341) is amended as follows: |
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| | (2) | In regulation 93 (edited version of the register), for subsection (2) there is |
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| | “The edited register shall include the name and address of any elector whose |
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| | details are included in the full register only if a request has been expressly made |
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| | in the form referred to in section 10(4) of the 1983 Act or in accordance with |
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| | Regulation 26 above by or on behalf of that elector for his or her name and |
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| | address to be included on the edited register.”’. |
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| Clause 5, page 3, line 35, after ‘(d)’, insert ‘(i) and (ii)’. |
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| Clause 4, page 3, line 24, at end insert ‘in accordance with Commissioner for |
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| Public Appointments’ Code of Practice.’. |
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| Clause 12, page 10, line 23, leave out from ‘shall’ to end of line 26 and insert |
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| ‘amend the electoral register by means only of an additional entry at the end of the |
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| appropriate section of the register, until the appropriate publication date of an election.’. |
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| | Personal identifiers at the ballot box |
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| To move the following Clause:— |
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| | ‘(1) | The Representations of the People Act 1983 (“the 1983 Act”) Schedule 1 |
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| | (Parliamentary Election Rules) shall be amended as follows. |
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| | (2) | The following shall be inserted after Rule 27(1) (ballot paper to be delivered to |
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| | “(1A) | A ballot paper shall not be delivered to a voter unless he has produced a |
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| | specified document to the presiding officer or a clerk. |
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| | (1B) | Where a voter produces a specified document, the presiding officer or |
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| | clerk to whom it is produced shall deliver a ballot paper to the voter |
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| | unless the officer or clerk decides that the document raises a reasonable |
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| | doubt at to whether the voter is the elector or proxy he represents himself |
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| | (1C) | Where a voter produces a specified document to a presiding officer and |
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| | he so decides, he shall refuse to deliver a ballot paper to the voter. |
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| | (1D) | Where a voter produces a specified document to a clerk and he so |
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| | decides, he shall refer the matter and produce the document to the |
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| | presiding officer who shall proceed as if the document has been produced |
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| | to him in the first place. |
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| | (1E) | For the purposes of this rule a specified document is one which for the |
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| | time being falls within the following list— |
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| | (a) | a current passport issued by the government of the United |
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| | Kingdom or by the government of the Republic of Ireland; |
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| | (b) | a current licence to drive a motor vehicle granted under Part III |
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| | of the Road Traffic Act 1972 (or Part III of the Road Traffic Act |
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| | 1988) (including a provisional licence), or under Article 12 of the |
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| | Road Traffic (Northern Ireland) Order 1981 or any |
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| | corresponding enactment for the time being in force; |
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| | (c) | a credit or debit card with signature; |
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| | (d) | HM forces identification card; |
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| | (e) | a medical card with signature on it; |
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| | (f) | a local authority valid bus pass with signature on it; |
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| | (g) | a valid book for the payment of allowances, benefits or pensions |
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| | if it has a signature in it; |
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| | (h) | a tenant book if it has a signature in it; |
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| | (i) | a certified copy, or extract, of an entry of marriage issued by a |
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| | Registrar General, where the voter producing the copy of an |
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| | extract is a woman married within the period of two years ending |
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| | with the day of the poll concerned. |
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| | | In sub-paragraph (i) above “a Registrar General” means the Registrar |
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| | General for England and Wales, the Registrar General of Births, Deaths |
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| | and Marriages for Scotland or the Register General for Northern Ireland, |
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| | (1F) | Regulations may make provision varying the list in paragraph (1E) above |
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| | (whether by adding or deleting documents or varying any description of |
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| | (1G) | References in this rule to producing a document are to producing it for |
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| | (3) | The following shall be inserted after Rule 38(1) (incapacitated voter’s vote to be |
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| | marked on ballot paper on application)— |
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| | “(1A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who |
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| | applies under paragraph (1) above as they apply in the case of a voter who |
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| | applies under Rule 37(1), but reading references to delivering a ballot |
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| | paper to a voter as references to causing a voter’s vote to be marked on a |
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| | (4) | The following shall be inserted after Rule 39(2) (blind voter to be allowed |
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| | assistance of companion on application)— |
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| | “(2A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a voter who |
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| | applies under paragraph (1) above as they apply in the case of a voter who |
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| | applies under Rule 37(1), but reading references to delivering a ballot |
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| | paper to a voter as references to granting a voter’s application.”. |
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| | (5) | The following shall be inserted after Rule 40(1) (person entitled to mark tendered |
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| | ballot paper after another has voted)— |
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| | “(1A) | Paragraphs (1A) to (1G) of Rule 37 shall apply in the case of a person |
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| | who seeks to mark a tendered ballot under paragraph (1) above as they |
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| | apply in the case of a voter who applies for a ballot paper under Rule |
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| | (1B) | Paragraph (1C) below applies where a presiding officer refuses to deliver |
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| | a ballot paper to a person under paragraph (1C) of Rule 37 (including that |
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| | paragraph as applied by Rule 38 or 39 or this Rule). |
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| | (1C) | The person shall, on satisfactorily answering the questions permitted by |
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| | law to be asked at the poll, nevertheless be entitled, subject to the |
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| | following provisions of this Rule, to mark a ballot paper (in these Rules |
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| | referred to as “a tendered ballot paper”) in the same manner as any other |
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| | (6) | The following shall be inserted after Rule 40(4)— |
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| | “(5) | A person who marks a tendered ballot paper under paragraph (1C) above |
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| | shall sign the paper, unless it was marked after an application was refused |
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| | (6) | A paper which is required to be signed under paragraph (5) above and is |
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| | not so signed shall be void.”’. |
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| Clause 10, page 8, line 42, at end insert— |
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| | ‘(4A) | No act or statement made before the commencement of this section shall be taken |
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| | into account in deciding whether a person has become a candidate.’. |
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| Clause 16, page 11, line 22, at beginning insert— |
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| | ‘(1) | The provisions of sections [Limits on party expenditure] and [Local spending |
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| | limits] shall apply to the period before the next general election subject to |
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| | Schedule [Spending limits: transitional arrangements]. |
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| | (2) | The Electoral Commission is under a duty to announce national and local |
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| | spending limits under Schedule [Spending limits: transitional arrangements] for |
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| | the period before the next general election before sections [Limits on party |
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| | expenditure] and [Local spending limits] come into force.’. |
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| Clause 19, page 12, line 20, at end insert ‘and |
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| | (g) | section [Spending limits: transitional arrangements] and Schedule |
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| | [Spending limits: transitional arrangements],’. |
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| To move the following Schedule:— |
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| | ‘Spending limits: transitional arrangements |
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| | 1 | Notwithstanding sections [Limits on party expenditure] and [Local spending |
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| | limits], the Electoral Commission may set spending national and local limits |
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| | for the period between the time this Act comes into force and the next general |
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| | 2 | In exercising its power under paragraph 1, the Electoral Commission must |
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| | (a) | the number of months since the last general election and the number |
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| | of months remaining before a general election must be held; and |
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| | (b) | the spending limits established in sections [Limits on party |
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| | expenditure] and [Local spending limits]. |
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| | 3 | The Electoral Commission may set different limits for parties that fought 100 |
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| | seats or more at the last general election and those that fought fewer than 100 |
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| | seats at the last general election, but otherwise may not set different limits for |
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| | 4 | In setting different limits for different parties under paragraph 3, the Electoral |
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| | Commission may take into account the number of seats fought at the last |
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| | general election by a party that fought fewer than 100 seats. |
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| | 5 | In exercising its power under paragraph 1, the Electoral Commission must use |
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| | the definitions of qualifying expenditure laid out in sections [Limits on party |
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| | expenditure] and [Local spending limits].’. |
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| Clause 19, page 12, line 21, at end insert— |
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| | ‘(5) | Subsection (1) does not apply to section [Local spending limits], which comes |
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| | into force 14 days after the day on which this Act is passed.’. |
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| To move the following Clause:— |
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| | ‘(1) | No registered political party may spend more than 0.3 per cent. of its national |
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| | spending limit on qualifying expenditure in any individual parliamentary |
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| | constituency during the regulated period. |
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| | (2) | If a by-election is held in a constituency, the limit mentioned in subsection (1) |
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| | shall be increased by the relevant limit on election expenses for by-elections in |
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| | force at the time of the by-election. |
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| | “national spending limit” means the amount applicable to that party |
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| | according to subsection (1) or (2) of section [Limits on party |
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| | “the regulated period” means the periods applicable to that party according |
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| | to subsection (1) or (2) of section [Limits on party expenditure]; |
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| | “qualifying expenditure” has the same meaning as in section [Limits on |
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| | party expenditure], except that expenditure on the remuneration or |
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| | allowances of staff shall count as qualifying expenditure to the extent that |
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| | the staff are engaged in the activities described in section [Limits on party |
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| | expenditure] (4)(b), (c), (d) or (e) in respect of the relevant |
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| Clause 19, page 12, line 21, at end insert— |
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| | ‘(5) | Subsection (1) does not apply to section [Limits on party expenditure], which |
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| | comes into force 14 days after the day on which this Act is passed.’. |
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| Clause 19, page 12, line 20, at end insert ‘and |
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| | (g) | section [Cap on donations],’. |
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| Clause 19, page 12, line 20, at end insert ‘and |
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| | (g) | section [Donations by companies controlled by impermissible donors],’. |
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| | Donations by companies controlled by impermissible donors |
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| To move the following Clause:— |
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| | ‘(1) | A donation from a company controlled by an impermissible donor shall itself |
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| | (2) | A company shall count as controlled by an impermissible donor when— |
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| | (a) | an impermissible donor, or any combination of impermissible donors, |
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| | owns 75 per cent. or more of the voting shares in the company; or |
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| | (b) | an impermissible donor acts as a shadow director of the company; or |
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| | (c) | a majority of the board of directors of the company are impermissible |
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| | (3) | “impermissible donor” means either— |
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| | (a) | a donor who is not a permitted donor under the 2000 Act; or |
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| | (b) | a company controlled by an impermissible donor. |
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| | (4) | “shadow director” has the same meaning as it has in section 251 of the Companies |
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| | Treatment of contributions from trade union political funds |
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| To move the following Clause:— |
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| | ‘(1) | The limit on donations established by section [Cap on donations] shall apply to |
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| | all expenditure out of trade union political funds unless all the conditions of this |
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| | section have been fulfilled with regard to the expenditure in question. |
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| | (2) | The conditions are that— |
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| | (a) | the expenditure consists entirely of money contributed directly to the |
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| | funds of a political party; |
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| | (b) | the expenditure consists entirely of an amount paid to a political party on |
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| | the basis of multiplying the number of members who are contributors to |
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| | the union’s political fund, or a proportion of those members (not |
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| | exceeding 100 per cent for any single party or any combination of |
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| | parties), by a certain sum; |
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| | (c) | the sum referred to in paragraph (b) is less than the limit set by section |
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| | (d) | the consent has been obtained either of all the members who are |
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| | contributors to the fund, or, where the basis of the calulation of the sum |
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| | expended is a proportion of those members, of at least the relevant |
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| | proportion of the members, for the expenditure concerned. |
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| | (3) | A member of a union who contributes to the political fund shall be deemed to |
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| | have consented for the purposes of subsection (2) if all of the following |
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| | conditions have been satisfied— |
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| | (a) | the member was afforded during the 12 months preceding the relevant |
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| | expenditure a reasonable opportunity to be exempted from contributing |
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| | to the political fund of the union; |
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| | (b) | the union has, during the 12 months preceding the relevant expenditure, |
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| | made reasonable efforts to acquaint all members who contribute to the |
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| | (i) | the nature of a political fund; |
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| | (ii) | the nature of expenditure made by the union out of the political |
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| | fund in the previous five years, including the identity of any |
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| | political parties to which payments have been made out of the |
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| | (iii) | the right of members to be exempt from paying contributions to |
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| | (iv) | the nature of any expenditure out of the fund that the union |
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| | intends or reasonably expects to make in the following 12 |
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| | (4) | The Electoral Commission may issue guidelines and model communications |
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| | (a) | the requirement mentioned in subsection (3)(a); and |
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| | (b) | the conditions mentioned in subsection (3)(b). |
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| | (5) | Compliance with guidelines or use of model communications issued under |
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| | subsection (4) shall be deemed to be compliant with the relevant aspects of this |
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| | (6) | No more than one payment under subsection (1) may be made in any one calendar |
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| | year, but the payment may be calculated on an annual basis and paid in |
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| To move the following Clause:— |
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| | ‘(1) | In section 54 of the 2000 Act, after subsection (1) there is inserted— |
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| | “(1A) | A donation received by a registered party from a permissible donor must |
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| | not be accepted by the party in so far as the amount of that donation and |
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| | of any other donations accepted by the party from that donor during the |
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| | previous 12 months exceeds £10,000. |
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| | (1B) | Subsection (1A) does not apply to donations to which subsections (1) and |
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| | (2) of section 55 apply.”. |
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| | (2) | In section 56 of the 2000 Act, after subsection (2) there is inserted— |
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| | “(2A) | If a registered party receives a donation which it is prohibited from |
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| | accepting by virtue of section 54(1A), subsection (2) applies to that |
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| | donation only in so far as the amount of that donation and of any other |
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| | donations accepted by the party from that donor during the previous 12 |
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| | (3) | In subsection 58(1)(a) of the 2000 Act, after “(b)”, there is inserted “or (1A)”’. |
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| | Spending limits: transitional arrangements |
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| To move the following Clause:— |
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| | ‘Schedule [Spending limits: transitional arrangements] (which makes provision |
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| | about transitional arrangements for spending limits) has effect.’. |
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