House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

181

House of Commons

Notices of Amendments

given on

Thursday 13th November 2008

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

Political Parties and Elections Bill Committee 157-179

Public Bill Committee

Political Parties and Elections Bill

Individual voter registration

Mr Francis Maude

Nick Herbert

Mrs Eleanor Laing

Mr Jonathan Djanogly

NC1

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
In section 10 (maintenance of registers: annual canvass), for subsections (4A) and

(4B) there is substituted—

“(4A)
Subject to subsection (4B) below, the information to be obtained by the
5
use of such a form for the purpose of a canvass shall include—

(a)
the signature of each of the persons in relation to whom the form

is completed;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—
10
(i)
his national insurance number or a statement that he

does not have one,

(ii)
a statement of whether or not he has been resident in the

United Kingdom for the whole of the three-month period

ending on 15th October in the year in question, and
15
(iii)
any address in the United Kingdom in respect of which

he is or has applied to be registered (other than the

address in respect of which the form is completed), and

the power in subsection (4) above to prescribe a form

includes power to give effect to the requirements of the
20
subsection.

Notices of Amendments: 13th November 2008
182

Political Parties and Elections Bill, continued

(4B)
An electoral officer may dispense with the requirement mentioned in

subsection (4A)(a) above in relation to any person if he is satisfied that it

is not reasonably practicable for that person to sign in a consistent and

distinctive way because of any incapacity of his or because he is unable
25
to read.”.

(3)
In section 10A (maintenance of registers: registration of electors)—

(a)
for subsections (1A) and (1B) there is substituted—

“(1A)
Subject to subsection (1B) below, an application for registration

in respect of an address in the United Kingdom shall include—
30
(a)
the signature of each of the persons to whom the

application relates;

(b)
the date of birth of each such person; and

(c)
in relation to each person—

(i)
his national insurance number or a statement
35
that he does not have one,

(ii)
a statement of whether or not he has been

resident in the United Kingdom for the whole of

the three-month period ending on the date of the

application, and
40
(iii)
any other address in the United Kingdom in

respect of which he is or has applied to be

registered, and the power in subsection (1)

above to prescribe requirements includes power

to give effect to the requirements of this
45
subsection.

(1B)
An electoral registration officer may dispense with the

requirement mentioned in subsection (1A)(a) above in relation to

any person if he is satisfied that it is not reasonably practicable

for that person to sign in a consistent and distinctive way because
50
of any incapacity of his or because he is unable to read.”,

(b)
for subsection (5A) there is substituted—

“(5A)
A person’s name is to be removed from the register in respect of

any address if—

(a)
the form mentioned in section 10(4) above in respect of
55
that address does not include all the information relating

to him required by virtue of section 10(4A) above; or

(b)
the registration officer determines that he is not satisfied

with the information relating to that person which was

included in that form pursuant to that requirement.”.
60
(4)
In section 13A (alteration of registers), for subsections (2A) and (2B) there is

substituted—

“(2A)
Subject to subsection (2B) below, an application for registration under

subsection (1)(a) above in respect of an address in the United Kingdom

shall include—
65
(a)
the signature of each of the persons to whom the application

relates;

(b)
the date of birth of each such person; and

(c)
in relation to each such person—

(i)
his national insurance number or a statement that he
70
does not have one,

Notices of Amendments: 13th November 2008
183

Political Parties and Elections Bill, continued

(ii)
a statement of whether or not he has been resident in the

United Kingdom for the whole of the three-month period

ending on the date of the application, and

(iii)
any other address in the United Kingdom in respect of
75
which he is or has applied to be registered, and the power

in subsection (1)(a) above to prescribe requirements

includes power to give effect to the requirements of this

subsection.

(2B)
The Chief Electoral Officer may dispense with the requirement
80
mentioned in subsection (2A)(a) above in relation to any person if he is

satisfied that it is not reasonably practicable for that person to sign in a

consistent and distinctive way because of any incapacity of his or because

he is unable to read.”’.

As Amendments to Mr Francis Maude’s proposed New Clause (Individual voter

registration) (NC1):—

Mrs Eleanor Laing

(a)

Leave out lines 12 to 14.

Mrs Eleanor Laing

(b)

Leave out lines 36 to 39.

Mrs Eleanor Laing

(c)

Leave out lines 71 to 73.

Non-electors to be impermissible donors

David Howarth

Mr Alan Reid

NC22

To move the following Clause:—

‘(1)
For the purposes of the 2000 Act a person who is not qualified to vote at

parliamentary elections shall not count as a permissible donor.

(2)
A company controlled by a person who is not a permissible donor by virtue of

subsection (1) shall also not count as a permissible donor for the purposes of the

2000 Act.

(3)
A company shall count as controlled by a person in the same circumstances as

those set out in section [Donations by companies controlled by impermissible

donors] (2)(a)-(c).’.

David Howarth

Mr Alan Reid

152

Clause  9,  page  8,  line  22,  at end add—

‘(3B)
The defence established by subsection (3A) shall not apply where the donor was

not a permissible donor by virtue of section [Non-electors to be impermissible

donors].’.

Notices of Amendments: 13th November 2008
184

Political Parties and Elections Bill, continued

Filling vacant European Parliament seats in Northern Ireland

Mr Michael Wills

NC18

To move the following Clause:—

‘(1)
In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling

vacant seats), after subsection (3) there is inserted—

“(4)
As regards a seat in Northern Ireland, the regulations may, in specified

circumstances, require it to be filled as follows—
5
(a)
where the previous MEP stood in the name of a registered party

when elected (or most recently elected), by a person nominated

by the nominating officer of that party;

(b)
where paragraph (a) does not apply but the previous MEP gave a

notice in accordance with regulations under this Act naming one
10
or more persons as substitutes, by a person so named.

(5)
In subsection (4)—

“nominating officer”, in relation to a registered party, means the person

registered as its nominating officer under the Political Parties, Elections

and Referendums Act 2000 in the Northern Ireland register (within the
15
meaning of that Act);

“registered party” means a party registered under that Act in that register;

“the previous MEP”, in relation to a vacancy, means the person who was the

MEP immediately before the vacancy arose.”

(2)
Regulations containing provision made by virtue of this section may specify that
20
the provision has effect in relation to any seat that is vacant at the time the

provision comes into force and in respect of which notice of a by-election has not

been published at that time.’.

As Amendments to Mr Michael Wills’s proposed New Clause (Filling vacant

European Parliament seats in Northern Ireland) (NC18):—

Mr Alan Reid

David Howarth

(a)

Line  7,  at end insert ‘from a list of up to three persons who are not disqualified to

serve as an MEP and whose names and electoral numbers had been submitted

along with the nomination papers of the previous MEP at the previous election.’.

Mr Alan Reid

David Howarth

(b)

Line  8,  leave out from ‘apply’ to end of line 11 and insert ‘, by the highest ranking

person who is not disqualified to serve as an MEP and whose name and electoral

number had been submitted on an ordered list of up to three persons along with

the previous MEP’s nomination papers at the previous election.’.

Mr Michael Wills

153

Clause  8,  page  5,  line  43,  leave out ‘£200’ and insert ‘£5,000, or £1,000 where

subsection (4A) of section 54A applies,’.

Notices of Amendments: 13th November 2008
185

Political Parties and Elections Bill, continued

Mr Michael Wills

154

Clause  8,  page  5,  line  44,  leave out ‘section 54A’ and insert ‘that section’.

Mr Michael Wills

155

Clause  8,  page  6,  line  3,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

156

Clause  8,  page  6,  line  14,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

157

Clause  8,  page  6,  line  28,  at end insert—

‘(4A)
In the case of a registered party with accounting units, where it is an accounting

unit of the party that is offered the donation this section has effect as if “£1,000”

were substituted for “£5,000” in subsections (1) and (2)(b).’.

Mr Michael Wills

158

Clause  8,  page  6,  leave out lines 31 to 33.

Mr Michael Wills

159

Clause  8,  page  6,  line  42,  after ‘54(1)(aa)’, insert ‘(but not section 54(1)(b))’.

Mr Michael Wills

160

Schedule  3,  page  34,  line  7,  leave out from ‘£200’ and insert ‘£5,000 (where the

regulated donee is a members association) or £1,000 (in any other case)’.

Mr Michael Wills

161

Schedule  3,  page  34,  line  12,  leave out from ‘exceeding’ to second ‘by’ in line 13

and insert ‘£5,000 to be received by a members association by way of a donation, or an

amount exceeding £1,000 to be received by a regulated donee other than a members

association’.

Mr Michael Wills

162

Schedule  3,  page  34,  line  25,  leave out ‘£200’ and insert ‘£5,000 (where the

regulated donee is a members association) or £1,000 (in any other case)’.

Mr Michael Wills

163

Schedule  3,  page  35,  leave out lines 1 to 3.

Mr Michael Wills

164

Schedule  3,  page  36,  line  2,  leave out ‘£200’ and insert ‘£5,000’.

Notices of Amendments: 13th November 2008
186

Political Parties and Elections Bill, continued

Mr Michael Wills

165

Schedule  3,  page  36,  line  7,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

166

Schedule  3,  page  36,  line  20,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

167

Schedule  3,  page  36,  leave out lines 40 to 42.

Mr Michael Wills

168

Schedule  3,  page  37,  line  30,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

169

Schedule  3,  page  37,  line  35,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

170

Schedule  3,  page  38,  line  6,  leave out ‘£200’ and insert ‘£5,000’.

Mr Michael Wills

171

Schedule  3,  page  38,  leave out lines 26 to 28.

Person may not be “responsible person” for more than one third party

Mr Michael Wills

NC23

To move the following Clause:—

‘(1)
Section 88 of the 2000 Act (third parties recognised for the purposes of Part 6 of

that Act) is amended as follows.

(2)
In subsection (2)(a), after “(as defined by section 54(8))” there is inserted “who

is not the responsible person in relation to another third party”.

(3)
After subsection (3) there is inserted—

“(3A)
A notification given by a third party does not comply with the

requirement in subsection (3)(b)(iii) or (c)(ii) (to state the name of the

person who will be responsible for compliance) if the person whose name

is stated is—

(a)
the responsible person in relation to another third party,

(b)
an individual who gives a notification under subsection (1) at the

same time, or

(c)
the person whose name is stated, in purported compliance with

the requirement in subsection (3)(b)(iii) or (c)(ii), in a

notification given at the same time by another third party.


In this subsection “the person”, in relation to a notification to which

subsection (3)(c) applies, is to be read as “the person or officer”.”

Notices of Amendments: 13th November 2008
187

Political Parties and Elections Bill, continued

(4)
Where—

(a)
a third party gives a notification under section 88(4)(b) of the 2000 Act

(“the renewal notification”) in respect of a notification under section

88(1) (“the original notification”) that was given before the

commencement of this section, and

(b)
the original notification contained a statement under section 88(3)(b)(iii)

or (c)(ii) naming someone who, at the time when the renewal notification

is given, is the responsible person in relation to another third party,


the renewal notification must indicate (under section 88(6)(b)) that the statement

is replaced by a statement naming someone who is not the responsible person in

relation to another third party.’.

Mr Michael Wills

172

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 54 (permissible donors), in subsection (1)(b), for “that person”

there is substituted “the person offering the donation”.’.

Mr Michael Wills

173

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 55 (payments etc which are (or are not) to be treated as donations

by permissible donors), at the end of subsection (2) there is inserted—


“But such a payment shall not be regarded as a donation for the

purposes of section 54A or paragraph 6A of Schedule 7.”’.

Mr Michael Wills

174

Schedule  4,  page  40,  line  29,  at end insert—


‘In section 56 (acceptance or return of donations: general), in subsection (5)—

(a)
in paragraph (a), for “paragraph (a) or (b)” there is substituted

“paragraph (a), (aa) or (b)”;

(b)
in paragraph (b)(i), for “subsection (2)(a)” there is substituted

“subsection (2)(a) or (aa)”.’.

Mr Michael Wills

175

Schedule  4,  page  41,  line  43,  leave out from beginning to ‘sub-paragraph’ in line

44 and insert—

    ‘(1)
Schedule 7 (control of donations to individuals and members associations) is

amended as follows.

      (2)
In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations

from impermissible donors), for “that person” there is substituted “the person

offering the donation”.

      (3)
In’.

Mr Michael Wills

176

Schedule  4,  page  42,  line  1,  leave out from beginning to ‘sub-paragraph’ and

insert—

    ‘(1)
Schedule 11 (control of donations to recognised third parties) is amended as

follows.