|
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| | On indictment: fine or 1 year.” |
| | |
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| “Paragraph 6A(5) of Schedule 15 |
| | | | | (making a false declaration as to |
| England and Wales or Scotland: |
| | | | | statutory maximum or 12 months. |
| | | | | | | 5 | | | Northern Ireland: statutory |
| | | | | | | | | | On indictment: fine or 1 year.” |
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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 |
| |
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(2) | In subsection (2), the words “, on the 15th October in the year in question,” |
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| 15 |
(3) | After that subsection there is inserted— |
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“(2A) | The application referred to in subsection (2) above shall (subject to |
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section 13BB(2)) be treated as made on the 15th October in the year |
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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”. |
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3 | In section 13A (alteration of registers), in subsection (5), for “this section and |
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section 13B or 13BA below” there is substituted “this section, section 13B or |
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13BA below or section 13BB below”. |
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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 |
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inserted “but subject to section 3A(6)”. |
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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 |
| |
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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 |
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an Electoral Commissioner”. |
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|
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|
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7 | In section 54 (permissible donors), in subsection (1)(b), for “that person” |
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there is substituted “the person offering the donation”. |
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8 | In section 55 (payments etc which are (or are not) to be treated as donations |
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by permissible donors), at the end of subsection (2) there is inserted— |
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| “But such a payment shall not be regarded as a donation for the |
| 5 |
purposes of section 54A or paragraph 6A of Schedule 7.” |
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9 | In section 56 (acceptance or return of donations: general), in subsection (5)— |
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(a) | in paragraph (a), for “paragraph (a) or (b)” there is substituted |
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“paragraph (a), (aa) or (b)”; |
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(b) | in paragraph (b)(i), for “subsection (2)(a)” there is substituted |
| 10 |
“subsection (2)(a) or (aa)”. |
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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), |
| |
| 15 |
11 | In section 62 (quarterly donation reports), in subsection (9) (donation report |
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to record donations that may not be accepted), for “section 54(1)(a) or (b)” |
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there is substituted “section 54(1)(a), (aa) or (b)”. |
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12 | In section 65 (submission of donation reports to Commission), in subsection |
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(4) (offence of failing to comply with reporting requirements), for “the |
| 20 |
recording of donations in such a report” there is substituted “the information |
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to be given in such a report”. |
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13 | In section 67 (weekly donation reports in connection with elections other |
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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”. |
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14 | In section 71U (weekly donation reports in connection with elections other |
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than general elections), in subsection (1)(c) (application of section 147 with |
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modifications), for “section 147” there is substituted “an order under |
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paragraph 16 of Schedule 19B”. |
| 30 |
15 | In section 145 (function of Commission with respect to compliance with |
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controls imposed by 2000 Act etc), in subsection (7) (definitions), for “and |
| |
sections 146 and 148” there is substituted “, section 148 and Schedule 19A”. |
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16 | In section 148 (general offences), in subsection (1) (offence of tampering with |
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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 |
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any person to evade any of the provisions of this Act.” |
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17 | In section 156 (orders and regulations), in subsection (2), for “subsections (3) |
| 40 |
and (4)” there is substituted “subsections (3) to (4A)”. |
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18 | In section 160 (general interpretation), in subsection (1) (definitions), at the |
| |
appropriate places there are inserted— |
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““contravention” includes a failure to comply, and cognate expressions |
| |
shall be construed accordingly;”; |
| 45 |
““restriction” includes prohibition;”. |
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|
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|
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|
19 (1) | Schedule 1 (the Electoral Commission) is amended as follows. |
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(2) | In paragraph 3 (term of office etc of Electoral Commissioners)— |
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(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— |
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“(3A) | Paragraph (d) of sub-paragraph (3) does not apply to a |
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nominated Commissioner (within the meaning of section |
| |
| 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; |
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(b) | in sub-paragraph (3), for “sub-paragraph (4)” there is substituted |
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| 20 |
20 (1) | Schedule 7 (control of donations to individuals and members associations) |
| |
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(2) | In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations |
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from impermissible donors), for “that person” there is substituted “the |
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person offering the donation”. |
| 25 |
(3) | In sub-paragraph (2) of paragraph 8 (acceptance or return of donations), for |
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“section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”. |
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21 (1) | Schedule 11 (control of donations to recognised third parties) is amended as |
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(2) | In paragraph 4 (payments etc not to be regarded as donations), at the end |
| 30 |
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“(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), |
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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 |
| |
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(2) | In paragraph 4 (payments etc not to be regarded as donations)— |
| |
(a) | sub-paragraph (1)(a) is omitted; |
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(b) | at the end there is inserted— |
| 40 |
“(3) | Any payment out of public funds shall not be regarded as |
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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 |
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|
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provided to a designated organisation by virtue of section |
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(3) | In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations), |
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for “section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”. |
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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)”. |
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| |
| |
| | | | | | Representation of the People |
| In section 10A(2), the words “, on the 15th |
| | 10 | | | 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) |
| | | | | | In section 145, in the heading, the word |
| | | | | | | | | | 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). |
| | | | | | | | | | | | 25 | | | (b) | in paragraph 6(1), the word “or” at the |
| | | | | | | | | | In Schedule 20, the entries relating to sections |
| | | | | | | | | Northern Ireland (Miscellan- |
| In Schedule 4, paragraphs 3 and 4(5). |
| | 30 | | eous Provisions) Act 2006 |
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