Political Parties and Elections Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Schedule 4 — Minor and consequential amendments
44

On indictment: fine or 1 year.”

“Paragraph 6A(5) of Schedule 15
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

source of donation)
statutory maximum or 12 months.

On summary conviction in

5

Northern Ireland: statutory

maximum or 6 months.

On indictment: fine or 1 year.”

Schedule 4
Section 19

Minor and consequential amendments
10
Representation of the People Act 1983 (c. 2)
1     (1)
Section 10A (maintenance of registers: registration of electors) is amended as
follows.
      (2)
In subsection (2), the words “, on the 15th October in the year in question,”
are omitted.
15
      (3)
After that subsection there is inserted—
“(2A)
The application referred to in subsection (2) above shall (subject to
section 13BB(2)) be treated as made on the 15th October in the year
in question.”
2
In section 13 (publication of registers), in subsection (5)(b), for “section 13A,
20
13B or 13BA” there is substituted “any of sections 13A to 13BB”.
3
In section 13A (alteration of registers), in subsection (5), for “this section and
section 13B or 13BA below” there is substituted “this section, section 13B or
13BA below or section 13BB below”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
25
4
In section 1 (establishment of the Electoral Commission), in subsection (5)
(appointment of chairman), after “in accordance with section 3” there is
inserted “but subject to section 3A(6)”.
5
In section 3 (appointment of Electoral Commissioners and Commission
chairman), in subsection (4) (political restrictions), for “A person may not be
30
appointed” there is substituted “Subject to subsection (4A), a person may not
be appointed”.
6
In section 15 (Deputy Electoral Commissioners), in subsection (3) (Deputy
Electoral Commissioner must be eligible for appointment as Electoral
Commissioner), for the words after “he is” there is substituted “prevented by
35
section 3(4) (read without regard to section 3(4A)) from being appointed as
an Electoral Commissioner”.

Political Parties and Elections Bill
Schedule 4 — Minor and consequential amendments
45

7
In section 54 (permissible donors), in subsection (1)(b), for “that person”
there is substituted “the person offering the donation”.
8
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
5
purposes of section 54A or paragraph 6A of Schedule 7.”
9
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
10
“subsection (2)(a) or (aa)”.
10
In section 58 (forfeiture of donations made by impermissible or
unidentifiable donors), in subsection (1)(a) (donations that may not be
accepted), for “section 54(1)(a) or (b)” there is substituted “section 54(1)(a),
(aa) or (b)”.
15
11
In section 62 (quarterly donation reports), in subsection (9) (donation report
to record donations that may not be accepted), for “section 54(1)(a) or (b)”
there is substituted “section 54(1)(a), (aa) or (b)”.
12
In section 65 (submission of donation reports to Commission), in subsection
(4) (offence of failing to comply with reporting requirements), for “the
20
recording of donations in such a report” there is substituted “the information
to be given in such a report”.
13
In section 67 (weekly donation reports in connection with elections other
than general elections), in subsection (1)(c) (application of section 147 with
modifications), for “section 147” there is substituted “an order under
25
paragraph 16 of Schedule 19B”.
14
In section 71U (weekly donation reports in connection with elections other
than general elections), in subsection (1)(c) (application of section 147 with
modifications), for “section 147” there is substituted “an order under
paragraph 16 of Schedule 19B”.
30
15
In section 145 (function of Commission with respect to compliance with
controls imposed by 2000 Act etc), in subsection (7) (definitions), for “and
sections 146 and 148” there is substituted “, section 148 and Schedule 19A”.
16
In section 148 (general offences), in subsection (1) (offence of tampering with
or hiding documents etc), for the words after paragraph (b) there is
35
substituted “any book, record or other document which is or is liable to be
required to be produced for inspection under paragraph 1 or 2 of Schedule
19A, and does so with the intention of falsifying the document or enabling
any person to evade any of the provisions of this Act.”
17
In section 156 (orders and regulations), in subsection (2), for “subsections (3)
40
and (4)” there is substituted “subsections (3) to (4A)”.
18
In section 160 (general interpretation), in subsection (1) (definitions), at the
appropriate places there are inserted—
““contravention” includes a failure to comply, and cognate expressions
shall be construed accordingly;”;
45
““restriction” includes prohibition;”.

Political Parties and Elections Bill
Schedule 4 — Minor and consequential amendments
46

19    (1)
Schedule 1 (the Electoral Commission) is amended as follows.
      (2)
In paragraph 3 (term of office etc of Electoral Commissioners)—
(a)
in sub-paragraph (3) (circumstances in which Electoral
Commissioner ceases to hold office), for “An Electoral
Commissioner” there is substituted “Subject to sub-paragraph (3A),
5
an Electoral Commissioner”;
(b)
after that sub-paragraph there is inserted—
   “(3A)
Paragraph (d) of sub-paragraph (3) does not apply to a
nominated Commissioner (within the meaning of section
3A).”
10
      (3)
In paragraph 7 (Assistant Electoral Commissioners), in sub-paragraph (2)
(Assistant Electoral Commissioner must be eligible for appointment as
Electoral Commissioner), for the words after “he is” there is substituted
“prevented by section 3(4) (read without regard to section 3(4A)) from being
appointed as an Electoral Commissioner”.
15
      (4)
In paragraph 11 (staff)—
(a)
sub-paragraphs (2) and (4) (which are superseded by the provision
made by section 7(2) above) are omitted;
(b)
in sub-paragraph (3), for “sub-paragraph (4)” there is substituted
“paragraph 11A(4)”.
20
20    (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”.
25
      (3)
In sub-paragraph (2) of paragraph 8 (acceptance or return of donations), for
“section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
21    (1)
Schedule 11 (control of donations to recognised third parties) is amended as
follows.
      (2)
In paragraph 4 (payments etc not to be regarded as donations), at the end
30
there is inserted—
    “(3)
Any payment out of public funds shall not be regarded as a
donation for the purposes of paragraph 6A.”
      (3)
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations),
for “section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
35
22    (1)
Schedule 15 (control of donations to permitted participants) is amended as
follows.
      (2)
In paragraph 4 (payments etc not to be regarded as donations)—
(a)
sub-paragraph (1)(a) is omitted;
(b)
at the end there is inserted—
40
    “(3)
Any payment out of public funds shall not be regarded as
a donation for the purposes of paragraph 6A.
      (4)
For all other purposes of this Schedule, such a payment
shall not be regarded as a donation unless it is a grant

Political Parties and Elections Bill
Schedule 5 — Repeals
47

provided to a designated organisation by virtue of section
110(2).”
      (3)
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations),
for “section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
23
In Schedule 20 (penalties), in the entry for section 56(3) or (4), for “(3) or (4)”
5
there is substituted “(3), (3B) or (4)”.
Schedule 5
Section 19

Repeals

Short title and chapter
Extent of repeal

Representation of the People
In section 10A(2), the words “, on the 15th

10

Act 1983 (c. 2)
October in the year in question,”.

In section 63(3)(b), the words “sheriff clerk,”.

In section 90ZA(1), the words “after the date

when he becomes a candidate at the election”.

Political Parties, Elections and
In section 54(1), the word “or” at the end of

15

Referendums Act 2000 (c. 41)
paragraph (a).

In section 145, in the heading, the word

“monitoring”.

In Schedule 1, paragraph 11(2) and (4).

In paragraph 6(1) of Schedule 7, the word “or”

20

at the end of paragraph (a).

In paragraph 6(1) of Schedule 11, the word “or”

at the end of paragraph (a).

In Schedule 15—

(a)
paragraph 4(1)(a);

25

(b)
in paragraph 6(1), the word “or” at the

end of paragraph (a).

In Schedule 20, the entries relating to sections

146(5) and 146(6).

Northern Ireland (Miscellan-
In Schedule 4, paragraphs 3 and 4(5).

30

eous Provisions) Act 2006

(c. 33)