71

House of Commons

Notices of Amendments

given on

Thursday 6th November 2008

For other Amendment(s) see the following page(s) of Supplement to Votes:

Political Parties and Elections Bill Committee 43-70

Public Bill Committee

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Political Parties and Elections Bill

Mr Jonathan Djanogly

Mrs Eleanor Laing

104

Clause  10,  page  9,  line  2,  at end insert—

‘(6)	The date of commencement of this section shall be determined by affirmative

resolution and shall not be earlier than the end of a three month consultation

period following the publication of the relevant guidelines by the Electoral

Commission.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

105

Clause  5,  page  4,  line  8,  at end insert ‘and the registered heads of the three largest

nominating parties at that time shall be required to make such a nomination.’.

Mr David Kidney

106

Clause  1,  page  1,  line  16,  at end insert—

‘(4)	The registration by a Member of Parliament of receipt of a donation or other

benefit within the terms of the 2000 Act in the Register of Members’ Interests

shall be sufficient compliance with the requirement for registration of the same

with the Commission and registration of such receipt with the Commission shall

be sufficient to meet requirement for registration in the Register of Members’

Interests.

(5)	The Registrar of Members’ Interests and the Commission shall put in place

arrangements for the sharing of such information as enables them to give effect

to subsection (4).’.

Notices of Amendments: 6th November 2008

72

Political Parties and Elections Bill, continued

Mr Jonathan Djanogly

Mrs Eleanor Laing

107

Schedule  2,  page  24,  line  43,  leave out from ‘notice’ to end of line 5 on page 25 and

insert ‘at any point during a period of 28 days from receipt of that notice.’.

David Howarth

108

Clause  5,  page  4,  line  15,  at end insert—

‘(4A)

If a nominating party as mentioned in subsection (3) fails to put forward two

persons to be considered for appointment as a nominated commissioner when

requested to do so, the next largest party at the time shall be treated for the

purpose of the particular appointment, and for the purposes of this subsection, as

one of the three largest nominating parties.’.

Pete Wishart

109

Page  3,  line  32,  leave out Clause 5.

Pete Wishart

110

Page  4,  line  39,  leave out Clause 6.

Pete Wishart

111

Clause  5,  page  4,  line  21,  at end insert—

‘(6A)

A nominated Commissioner may not participate, deliberate or adjudicate in any

enforcement action or procedure involving, whether directly or otherwise, the

party whose registered leader put forward the Commissioner’s appointment.’.

Pete Wishart

112

Clause  5,  page  3,  line  39,  leave out ‘Four’.

Pete Wishart

113

Clause  5,  page  3,  line  40,  leave out from ‘(1)’ to ‘the’.

Pete Wishart

114

Clause  5,  page  3,  line  41,  after ‘party’, insert ‘shall’, and after ‘forward’, insert ‘a

person’.

Pete Wishart

115

Clause  5,  page  3,  line  6,  leave out ‘three of the’.

Pete Wishart

116

Clause  5,  page  4,  line  7,  leave out ‘three largest’ and insert ‘qualifying’.

Notices of Amendments: 6th November 2008

73

Political Parties and Elections Bill, continued

Pete Wishart

117

Clause  5,  page  4,  line  22,  leave out subsection (7).

Martin Linton

118

Schedule  1,  page  18,  line  43,  at begining insert ‘Subject to subsection (1A),’.

Martin Linton

119

Schedule  1,  page  18,  line  43,  at end insert—

‘(1A)

A person does not commit an offence if, in the opinion of the Commission, the

person had no intention of withholding or failing to provide information for the

purposes of fulfilling any duty or obligation under this Act.’.

Mr Jonathan Djanogly

Mrs Eleanor Laing

120

Page  5,  line  39,  leave out Clause 8.

Mr Jonathan Djanogly

Mrs Eleanor Laing

121

Page  34,  line  1,  leave out Schedule 3.

Mr Michael Wills

122

Schedule  1,  page  14,  line  12,  at end insert—

‘This is subject to paragraph 2(6).’.

Mr Michael Wills

123

Schedule  1,  page  14,  line  45,  at end insert—

‘(6)	The power conferred by paragraph 1(5) may not be used to enter premises and

inspect documents for the purposes of an investigation by the Commission of

the suspected offence or contravention.’.

Mr Michael Wills

124

Schedule  1,  page  15,  line  38,  at end insert—

‘Authorisation of application for warrant under paragraph 3

(1)	An application for a warrant under paragraph 3 may not be made without the

written authorisation of—

(a)	the chief executive of the Commission, or

(b)	where the office of chief executive is vacant or the chief executive is

absent or unable to act, a member of the staff of the Commission who

has previously been designated by the chief executive for the purposes

of this paragraph and whose designation is still in force.

(2)	A person may be designated under sub-paragraph (1)(b) only if the chief

executive considers the person to be suitable having regard to the person’s

experience and level of seniority as a member of the staff of the Commission.’.

Notices of Amendments: 6th November 2008

74

Political Parties and Elections Bill, continued

Mr Michael Wills

125

Schedule  1,  page  19,  line  6,  at end insert—

‘Guidance by Commission

(1)	The Commission shall prepare and publish guidance as to—

(a)	the circumstances in which the Commission are likely to give a notice

under paragraph 1 or 2(2);

(b)	the consequences (including criminal sanctions) that may result from

a failure to comply with such a notice;

(c)	the circumstances in which the Commission are likely to exercise their

power under paragraph 1(5);

(d)	the procedures to be followed in connection with questioning under

paragraph 2(4);

(e)	the circumstances in which the Commission are likely to apply for a

warrant under paragraph 3;

(f)	the principles and practices to be applied in connection with taking

possession of, or taking other steps in relation to, documents that

appear to be ones to which paragraph 3(2) applies;

(g)	the principles and practices to be applied in connection with the

exercise of powers under paragraphs 4 and 5;

(h)	any other matters concerning the exercise of powers under this

Schedule about which the Commission consider that guidance would

be useful.

(2)	Where appropriate, the Commission shall revise guidance published under this

paragraph and publish the revised guidance.

(3)	The Commission shall consult such persons as they consider appropriate

before publishing guidance or revised guidance under this paragraph.

(4)	The Commission shall have regard to the guidance or revised guidance

published under this paragraph in exercising their functions.’.

Mr Michael Wills

126

Schedule  1,  page  19,  line  6,  at end insert—

‘Information about use of investigatory powers in Commission’s annual report

(1)	Each report by the Commission under paragraph 20 of Schedule 1 shall contain

information about the use made by the Commission of their powers under this

Schedule during the year in question.

(2)	The report shall, in particular, specify—

(a)	the cases in which a notice was given under paragraph 1 or 2(2);

(b)	the cases in which premises were entered under paragraph 1(5);

(c)	the cases in which a requirement was imposed under paragraph 2(4);

(d)	the cases in which a warrant under paragraph 3—

(i)	was applied for;

(ii)	was issued;

(iii)

was executed;

(e)	in relation to each warrant under paragraph 3 that was executed—

(i)	what force (if any) was used to enter the premises;

(ii)	whether documents were seized;

Notices of Amendments: 6th November 2008

75

Political Parties and Elections Bill, continued

(iii)

any other noteworthy details.

(3)	This paragraph does not require the Commission to include in a report any

information that, in their opinion, it would be inappropriate to include on the

ground that to do so—

(a)	would or might be unlawful, or

(b)	might adversely affect any current investigation or proceedings.’.

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Revised 7 November 2008