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| Tuesday 11th November 2008 |
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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Political Parties and Elections Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [4th November 2008]. |
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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 5, page 3, line 35, after ‘(d)’, insert ‘(i) and (ii)’. |
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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 4, 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 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 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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| 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 4, line 22, leave out subsection (7). |
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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 1, page 1, line 7, after ‘the’, insert ‘sole’. |
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| Clause 1, page 1, line 10, leave out ‘may’ and insert ‘shall’. |
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| Clause 1, page 1, line 13, leave out ‘, or is sufficient’. |
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| Clause 1, page 1, line 16, at end add— |
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| | ‘(4) | In the 2000 Act section 13 (which makes provision about the promotion of the |
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| | electoral and democratic system by the Electoral Commission) is repealed.’. |
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| | Clause 2, page 2, line 5, leave out second column and insert ‘A fine of £5,000 for |
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| registered parties and £1,000 for an accounting unit of a registered political party.’. |
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| | Clause 2, page 2, line 8, leave out second column and insert ‘A fine of £5,000 for |
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| registered parties and £1,000 for an accounting unit of a registered political party.’. |
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| | Clause 2, page 2, line 11, column 2, leave out from beginning to end of line 18 |
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| and insert ‘A fine of £5,000 for registered parties and £1,000 for an accounting unit of a |
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| registered political party.’. |
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| Schedule 1, page 13, line 15, leave out sub-sub-paragraph (1)(d). |
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| Schedule 1, page 13, line 23, after ‘may’, insert ‘only’. |
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| Schedule 1, page 13, line 24, after ‘been’, insert ‘, within the 5 years immediately |
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| prior to the date of the notice,’. |
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| Schedule 1, page 13, line 26, at end insert ‘and whom the Commission have |
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| reasonable suspicion to believe has committed an offence under this Act.’. |
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| Schedule 1, page 13, line 26, at end insert— |
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| | ‘(2A) | A disclosure notice must be served on the individual specified in paragraph (2) |
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| | by hand by a person specifically authorised by the Commission to effect the |
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| | service of such notices.’. |
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| Schedule 1, page 13, line 30, leave out ‘any’ and insert ‘information or’. |
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| Schedule 1, page 13, line 34, leave out from ‘of’ to end and insert ‘investigating an |
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| offence under this Act.’. |
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| Schedule 1, page 14, line 2, at end insert— |
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| | ‘(3A) | A person served with a disclosure notice under paragraph (2) may appeal to the |
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| | Commission in writing within 14 days of receipt of service under paragraph |
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| Schedule 1, page 14, line 4, leave out from ‘within’ to end and insert ‘28 days of |
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| receipt of that disclosure notice.’. |
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| Schedule 1, page 14, line 5, leave out sub-paragraph (5). |
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| Schedule 1, page 14, line 6, leave out ‘their functions’ and insert ‘an investigation |
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| where they have reasonable suspicion that an offence under this Act involving in excess |
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| of £10,000 has been committed.’. |
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| Schedule 1, page 14, line 7, after ‘enter’, insert ‘, only with authorisation by a |
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| warrant issued under paragraph 3 of this Schedule and when accompanied by a police |
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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 12, at end insert— |
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| | ‘(6) | For the purposes of this Schedule a person authorised by the Commission is a |
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| | person who has express written authority of the Commission to act on its |
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| | behalf and is one of the following— |
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| | (a) | an employee of managerial level of the Electoral Commission; |
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| | (b) | a member of a police force in England and Wales; |
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| | (c) | a constable of a police force in Scotland; or |
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| | (d) | a member of the Police Service for Northern Ireland.’. |
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| Schedule 1, page 14, line 12, at end insert— |
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| | ‘(6) | A person authorised by the Commission (who is not a police constable) may |
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| | not use any force to enter premises, but a police constable may use such |
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| | reasonable force only as is necessary to gain entrance to the premises.’. |
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| Schedule 1, page 14, line 22, leave out sub-paragraph (2). |
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| Schedule 1, page 14, line 32, leave out sub-paragraph (3). |
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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 1, leave out ‘justice of the peace’ and insert ‘judge in the |
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| | Schedule 1, page 15, line 2, leave out from beginning to first ‘on’ in line 3 and |
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| insert ‘The Electoral Commission may on notice apply to the High Court for an order, |
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| subject to sub-paragraph (1A),’. |
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| Schedule 1, page 15, line 2, after ‘may’, insert ‘, subject to sub-paragraph (1A),’. |
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| Schedule 1, page 15, line 6, after ‘Act’, insert ‘involving in excess of £10,000.’. |
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| Schedule 1, page 15, line 11, at end insert— |
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| | ‘(1A) | A justice of the peace may not issue a warrant under this paragraph in respect |
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| | of any premises used by a holder of a relevant elective office.’. |
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| | Schedule 1, page 15, line 11, at end insert— |
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| | ‘(1A) | A court may not issue a warrant under this paragraph in respect of any premises |
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| | used by a holder of a relevant elective office.’. |
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| | Schedule 1, page 15, line 19, leave out ‘A warrant’ and insert ‘An order’. |
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| | Schedule 1, page 15, line 31, leave out ‘A warrant’ and insert ‘An order’. |
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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 15, line 41, leave out ‘three months’ and insert ‘42 days from the |
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| date on which they were seized.’. |
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| Schedule 1, page 15, line 45, leave out from ‘within’ to ‘proceedings’ and insert |
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| ‘42 days from the date on which they were seized.’. |
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| Schedule 1, page 16, line 2, at end insert— |
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| | ‘(2A) | The Commission may apply a magistrates court to extend this 42 day period by a |
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| | further 14 days where they can prove on reasonable grounds that the continued |
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| | retention of such documents is vital to the investigation into offences under this |
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| | Act which involve in excess of £10,000.’. |
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| Schedule 1, page 17, line 13, at end insert— |
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| | ‘(2) | Where originals have been removed from premises, the Commission must take |
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| | all reasonable steps to provide the individual or organisation with copies of those |
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| | documents within 24 hours.’. |
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| Schedule 1, page 17, line 23, at end insert ‘and leave a copy of such authorisation |
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| of warrant with that person.’. |
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| Schedule 1, page 17, line 34, after ‘any’, insert ‘reasonable’. |
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| Schedule 1, page 18, line 41, at begining insert ‘Subject to subsection (1A),’. |
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