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| Thursday 6th 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 43-70 |
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| Political Parties and Elections Bill |
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| Clause 10, page 9, line 2, at end insert— |
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| | ‘(6) | The date of commencement of this section shall be determined by affirmative |
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| | resolution and shall not be earlier than the end of a three month consultation |
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| | period following the publication of the relevant guidelines by the Electoral |
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| Clause 5, page 4, line 8, at end insert ‘and the registered heads of the three largest |
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| nominating parties at that time shall be required to make such a nomination.’. |
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| Clause 1, page 1, line 16, at end insert— |
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| | ‘(4) | The registration by a Member of Parliament of receipt of a donation or other |
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| | benefit within the terms of the 2000 Act in the Register of Members’ Interests |
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| | shall be sufficient compliance with the requirement for registration of the same |
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| | with the Commission and registration of such receipt with the Commission shall |
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| | be sufficient to meet requirement for registration in the Register of Members’ |
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| | (5) | The Registrar of Members’ Interests and the Commission shall put in place |
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| | arrangements for the sharing of such information as enables them to give effect |
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| Schedule 2, page 24, line 43, leave out from ‘notice’ to end of line 5 on page 25 and |
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| insert ‘at any point during a period of 28 days from receipt of that notice.’. |
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| Clause 5, page 4, line 15, at end insert— |
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| | ‘(4A) | If a nominating party as mentioned in subsection (3) fails to put forward two |
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| | persons to be considered for appointment as a nominated commissioner when |
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| | requested to do so, the next largest party at the time shall be treated for the |
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| | purpose of the particular appointment, and for the purposes of this subsection, as |
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| | one of the three largest nominating parties.’. |
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| Page 3, line 32, leave out Clause 5. |
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| Page 4, line 39, leave out Clause 6. |
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| Clause 5, page 4, line 21, at end insert— |
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| | ‘(6A) | A nominated Commissioner may not participate, deliberate or adjudicate in any |
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| | enforcement action or procedure involving, whether directly or otherwise, the |
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| | party whose registered leader put forward the Commissioner’s appointment.’. |
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| Clause 5, page 3, line 39, leave out ‘Four’. |
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| Clause 5, page 3, line 40, leave out from ‘(1)’ to ‘the’. |
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| Clause 5, page 3, line 41, after ‘party’, insert ‘shall’, and after ‘forward’, insert ‘a |
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| Clause 5, page 3, line 6, leave out ‘three of the’. |
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| Clause 5, page 4, line 7, leave out ‘three largest’ and insert ‘qualifying’. |
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| Clause 5, page 4, line 22, leave out subsection (7). |
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| Schedule 1, page 18, line 43, at begining insert ‘Subject to subsection (1A),’. |
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| Schedule 1, page 18, line 43, at end insert— |
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| | ‘(1A) | A person does not commit an offence if, in the opinion of the Commission, the |
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| | person had no intention of withholding or failing to provide information for the |
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| | purposes of fulfilling any duty or obligation under this Act.’. |
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| Page 5, line 39, leave out Clause 8. |
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| Page 34, line 1, leave out Schedule 3. |
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| Schedule 1, page 14, line 12, at end insert— |
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| | | ‘This is subject to paragraph 2(6).’. |
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| Schedule 1, page 14, line 45, at end insert— |
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| | ‘(6) | The power conferred by paragraph 1(5) may not be used to enter premises and |
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| | inspect documents for the purposes of an investigation by the Commission of |
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| | the suspected offence or contravention.’. |
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| Schedule 1, page 15, line 38, at end insert— |
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| | ‘Authorisation of application for warrant under paragraph 3 |
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| | (1) | An application for a warrant under paragraph 3 may not be made without the |
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| | written authorisation of— |
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| | (a) | the chief executive of the Commission, or |
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| | (b) | where the office of chief executive is vacant or the chief executive is |
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| | absent or unable to act, a member of the staff of the Commission who |
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| | has previously been designated by the chief executive for the purposes |
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| | of this paragraph and whose designation is still in force. |
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| | (2) | A person may be designated under sub-paragraph (1)(b) only if the chief |
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| | executive considers the person to be suitable having regard to the person’s |
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| | experience and level of seniority as a member of the staff of the Commission.’. |
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| Schedule 1, page 19, line 6, at end insert— |
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| | (1) | The Commission shall prepare and publish guidance as to— |
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| | (a) | the circumstances in which the Commission are likely to give a notice |
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| | under paragraph 1 or 2(2); |
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| | (b) | the consequences (including criminal sanctions) that may result from |
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| | a failure to comply with such a notice; |
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| | (c) | the circumstances in which the Commission are likely to exercise their |
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| | power under paragraph 1(5); |
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| | (d) | the procedures to be followed in connection with questioning under |
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| | (e) | the circumstances in which the Commission are likely to apply for a |
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| | warrant under paragraph 3; |
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| | (f) | the principles and practices to be applied in connection with taking |
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| | possession of, or taking other steps in relation to, documents that |
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| | appear to be ones to which paragraph 3(2) applies; |
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| | (g) | the principles and practices to be applied in connection with the |
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| | exercise of powers under paragraphs 4 and 5; |
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| | (h) | any other matters concerning the exercise of powers under this |
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| | Schedule about which the Commission consider that guidance would |
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| | (2) | Where appropriate, the Commission shall revise guidance published under this |
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| | paragraph and publish the revised guidance. |
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| | (3) | The Commission shall consult such persons as they consider appropriate |
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| | before publishing guidance or revised guidance under this paragraph. |
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| | (4) | The Commission shall have regard to the guidance or revised guidance |
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| | published under this paragraph in exercising their functions.’. |
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| Schedule 1, page 19, line 6, at end insert— |
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| | ‘Information about use of investigatory powers in Commission’s annual report |
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| | (1) | Each report by the Commission under paragraph 20 of Schedule 1 shall contain |
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| | information about the use made by the Commission of their powers under this |
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| | Schedule during the year in question. |
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| | (2) | The report shall, in particular, specify— |
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| | (a) | the cases in which a notice was given under paragraph 1 or 2(2); |
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| | (b) | the cases in which premises were entered under paragraph 1(5); |
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| | (c) | the cases in which a requirement was imposed under paragraph 2(4); |
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| | (d) | the cases in which a warrant under paragraph 3— |
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| | (e) | in relation to each warrant under paragraph 3 that was executed— |
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| | (i) | what force (if any) was used to enter the premises; |
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| | (ii) | whether documents were seized; |
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