Political Parties and Elections Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
5

7
Political restrictions on Electoral Commissioners and staff
(1)
In section 3(4)(d) of the 2000 Act (persons not to be appointed as Electoral
Commissioners within ten years of engaging in certain political activities), for
“within the last ten years” there is substituted “within the last five years”.
(2)
In Schedule 1 to the 2000 Act (the Electoral Commission), after paragraph 11
5
there is inserted—
“Political restrictions on staff
11A   (1)
A person may not be appointed as a member of the staff of the
Commission if the person—
(a)
is an officer or employee of a registered party or of any
10
accounting unit of such a party;
(b)
holds a relevant elective office (within the meaning of
Schedule 7);
(c)
has at any time within the relevant period (see sub-paragraph
(2))—
15
(i)
been such an officer or employee as is mentioned in
paragraph (a), or
(ii)
held such an office as is mentioned in paragraph (b),
or
(iii)
been named as a donor in the register of donations
20
reported under Chapter 3 or 5 of Part 4, or
(iv)
been named as a participant in the register of
recordable transactions reported under Part 4A.
      (2)
The relevant period is—
(a)
in relation to appointment as chief executive of the
25
Commission, the last five years;
(b)
in relation to appointment as any other member of the staff of
the Commission, the last 12 months.
      (3)
A member of a registered party may not be appointed as chief
executive of the Commission.
30
      (4)
The appointment of any member of the staff of the Commission shall
terminate—
(a)
in the case of the chief executive, on the occurrence of such an
event as is mentioned in any of paragraphs (a) to (d) of
paragraph 3(3);
35
(b)
in any other case, on the occurrence of such an event as is
mentioned in any of paragraphs (a) to (ca) of paragraph 3(3).”
Political donations and expenditure
8
Declaration as to source of donation
(1)
In section 54 of the 2000 Act (permissible donors), in subsection (1)
40
(circumstances in which party may not accept donation), after paragraph (a)

Political Parties and Elections Bill
6

there is inserted—
“(aa)
in the case of a donation of an amount exceeding £5,000, or
£1,000 where subsection (5) of section 54A applies, the party has
not been given a declaration as required by that section; or”.
(2)
After that section there is inserted—
5
“54A
Declaration as to source of donation
(1)
Where a person (P) causes an amount exceeding £5,000 to be received
by a registered party by way of a donation, a written declaration must
be given to the party—
(a)
by P, if P is an individual, or
10
(b)
if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual’s knowledge and belief, whether or
not subsection (2) applies to the donation.
(2)
This subsection applies to the donation if—
(a)
a person other than P has provided, or is expected to provide,
15
money or any other benefit to P with a view to, or otherwise in
connection with, the making of the donation, and
(b)
the money, or the value of the benefit, is more than £5,000.
(3)
Where a declaration under this section contains a statement to the effect
that subsection (2) applies to the donation, it must also—
20
(a)
state whether or not, in the opinion of the person making the
declaration—
(i)
subsection (4) of section 54 applies to the donation;
(ii)
subsection (6) of that section applies to it;
(b)
if the person’s opinion is that neither of those subsections
25
applies to the donation, give the person’s reasons for that
opinion.
(4)
A declaration under this section must also state the full name and
address of the person by whom it is made and, where subsection (1)(b)
applies—
30
(a)
state that the person is authorised by P to make the declaration;
(b)
describe the person’s role or position in relation to P.
(5)
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
35
(2)(b).
(6)
A person who knowingly or recklessly makes a false declaration under
this section commits an offence.
(7)
Regulations made by the Secretary of State may make provision as to
how the value of a benefit is to be calculated for the purposes of
40
subsection (2).”
(3)
In section 56 of the 2000 Act (acceptance or return of donations: general), in
subsection (2) (steps to be taken if donation to be refused)—
(a)
in paragraph (a), for “section 54(1)(b)” there is substituted “section
54(1)(aa) or (b)”;
45

Political Parties and Elections Bill
7

(b)
after that paragraph there is inserted—
“(aa)
if the donation falls within section 54(1)(aa) (but not
section 54(1)(b)), the donation, or a payment of an
equivalent amount, must be sent back to the person
appearing to be the donor,”;
5
(c)
in paragraph (b), for “that provision” there is substituted “section
54(1)(b)”.
(4)
Before subsection (4) of that section there is inserted—
“(3B)
Where—
(a)
subsection (2)(aa) applies in relation to a donation, and
10
(b)
the donation is not dealt with in accordance with that provision,

the party and the treasurer of the party are each guilty of an offence.”
(5)
In Schedule 6 to the 2000 Act (details to be given in donation reports), after
paragraph 1 there is inserted—
“Declarations as to source of donation
15
1A    (1)
In relation to each recordable donation in the case of which a
declaration under section 54A has been given, a quarterly or weekly
report must confirm (if it is the case) that all such steps as are
required to be taken by subsection (6) of that section have been taken,
and must either—
20
(a)
state that no reason was found to think that the declaration
was untruthful or inaccurate, or
(b)
give details of any respects in which the declaration was
found or suspected to be untruthful or inaccurate.”
(6)
In paragraph 6 of that Schedule (donations from impermissible donors)—
25
(a)
in the heading, at the end there is inserted “or without required
declaration”;
(b)
for “section 54(1)(a)” there is substituted “section 54(1)(a) or (aa)”;
(c)
in paragraph (a), after “the donor” there is inserted “or the person
appearing to be the donor”;
30
(d)
in paragraph (b), for “section 56(2)(a)” there is substituted “section
56(2)(a) or (aa)”.
(7)
In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at the
appropriate place—

“Section 54A(6) (making a false
On summary conviction in

35

declaration as to source of
England and Wales or Scotland:

donation)
statutory maximum or 12 months.

On summary conviction in

Northern Ireland: statutory

maximum or 6 months.

40

On indictment: fine or 1 year.”

(8)
Schedule 3 has effect.

That Schedule makes amendments to—

Political Parties and Elections Bill
8

(a)
Schedules 7, 11 and 15 to the 2000 Act (control of donations to
individuals and members associations; to recognised third parties; and
to permitted participants), and
(b)
Schedule 20 to the 2000 Act (penalties),

corresponding to those made by subsections (1) to (7).
5
(9)
The Secretary of State, after consulting the Electoral Commission, may make an
order that—
(a)
amends or modifies a provision of the 2000 Act inserted by this section
or Schedule 3 so far as it applies in relation to Northern Ireland;
(b)
makes provision that is consequential on or supplemental to that made
10
by virtue of paragraph (a) (including provision amending or modifying
any provision of the 2000 Act).
(10)
The power to make an order under section (9) is exercisable by statutory
instrument.
(11)
No order may be made under subsection (9) unless a draft of the instrument
15
containing the order has been laid before and approved by a resolution of each
House of Parliament.
9
Defence to charge of failing to return donation from impermissible donor
In section 56 of the 2000 Act (acceptance or return of donations: general), after
subsection (3) there is inserted—
20
“(3A)
Where a party or its treasurer is charged with an offence under
subsection (3), it shall be a defence to prove that—
(a)
all reasonable steps were taken by or on behalf of the party to
verify (or ascertain) whether the donor was a permissible
donor, and
25
(b)
as a result, the treasurer believed the donor to be a permissible
donor.”
10
Person may not be “responsible person” for more than one third party
(1)
Section 88 of the 2000 Act (third parties recognised for the purposes of Part 6 of
that Act) is amended as follows.
30
(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
35
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
40
(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.

Political Parties and Elections Bill
9


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”.”
(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
5
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
10
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.
11
Election expenses incurred for person not yet a candidate
15
(1)
In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) section 90ZA
(meaning of “election expenses”) is amended as follows.
(2)
In subsection (1)—
(a)
for “subject to subsection (2)” there is substituted “subject to
subsections (1A) and (2)”;
20
(b)
the words “after the date when he becomes a candidate at the election”
are omitted.
(3)
After that subsection there is inserted—
“(1A)
In relation to a candidate at—
(a)
a parliamentary by-election, or
25
(b)
a local government election,

a reference in this Part of this Act to election expenses does not include
expenses incurred in respect of any matter which is used on or before
the date when the person becomes a candidate at the election.”
(4)
For subsection (5) there is substituted—
30
“(5)
A reference in this Part of this Act to a candidate at an election, in
relation to election expenses, includes (where the context allows) a
reference to a person who becomes a candidate at the election after the
expenses are incurred.”
(5)
The amendments made by this section do not apply to any expenses incurred
35
before the commencement of this section.
12
Election expenses: guidance by Commission
In Schedule 4A to the 1983 Act (election expenses), in paragraph 14 (guidance
by Electoral Commission), for the words in sub-paragraph (1) from “giving
guidance” to the end there is substituted “giving—
40
(a)
guidance as to the matters which do, or do not, fall within
Part 1 or Part 2 of this Schedule;
(b)
guidance (supplementing the definition in section 90ZA(3)
above) as to the cases or circumstances in which expenses are,

Political Parties and Elections Bill
10

or are not, to be regarded as incurred for the purposes of a
candidate’s election.”
Elections and electoral registration
13
Election falling within canvass period
(1)
After section 13BA of the 1983 Act there is inserted—
5
“13BB
  Election falling within canvass period
(1)
This section applies where—
(a)
in connection with a canvass under section 10 above, the form
returned in respect of an address (“the relevant address”) is
completed in such a way that, by virtue of section 10A(2) above,
10
an application for registration is treated as having been made in
respect of that address; and
(b)
notice is published of an election to which section 13B above
applies that is to be held—
(i)
in an area which includes the relevant address,
15
(ii)
during the period starting with 1st July in the year of the
canvass and ending with 1st December in that year.
(2)
The application shall be treated as made—
(a)
when the notice of election is published (if the canvass form has
already been returned),
20
(b)
when the form is returned (if the notice has already been
published), or
(c)
at such other time as may be prescribed.
(3)
Subsection (2) above does not apply if—
(a)
the canvass form is returned after the appropriate publication
25
date; or
(b)
the form is returned too late for the application to be
determined in accordance with regulations on or before that
date (even without there being any delay in dealing with the
application or any objections to the registration).
30
(4)
Where, in consequence of the determination of the application, an entry
relating to a person falls to be made in (or removed from) a register
covering the relevant address, the registration officer by whom that
register is maintained shall issue, in the prescribed manner, a notice
specifying the appropriate alteration.
35
(5)
Where—
(a)
in consequence of the determination of the application, a
person’s entry in respect of an address other than the relevant
address falls to be removed from a register maintained by a
registration officer other than the one referred to in subsection
40
(4) above,
(b)
at the time of the determination, notice has been published of an
election to which section 13B above applies that is to be held—
(i)
in an area which includes that other address,

Political Parties and Elections Bill
11

(ii)
during the period starting with 1st July in the year of the
canvass and ending with 1st December in that year,

and
(c)
the determination is made before the appropriate publication
date for that election,
5

the other registration officer shall, on being informed of the
determination, issue in the prescribed manner a notice specifying the
appropriate alteration.
(6)
A notice under subsection (4) or (5) above shall be issued on the
appropriate publication date for the election in question, and the
10
alteration shall take effect as from the beginning of that day.
(7)
A requirement imposed by subsection (4) or (5) above does not apply
if, before the appropriate publication date for the election in question,
the registration officer concerned publishes a revised version of the
register incorporating the appropriate alteration.
15
(8)
In this section—
“the appropriate publication date” has the same meaning as in
section 13B above;
“canvass form” means the form mentioned in subsection (1)(a)
above.
20
(9)
For the purposes of this section, a canvass form is “returned” when it is
received by the registration officer.”
(2)
In section 13 of that Act (publication of registers), after subsection (1) there is
inserted—
“(1A)
Subsection (1)(a) above has effect, in the case of a registration officer
25
acting for an area in which (or in part of which) an election to which
section 13B below applies is held during the period—
(a)
starting with 1st July in the year in question, and
(b)
ending with 1st December in that year,

as if for “1st December in that year” there were substituted “1st
30
February in the following year”.”
14
Disposal of election documents in Scotland
In the 1983 Act—
(a)
in section 63 (breach of official duty), in subsection (3)(b), the words
“sheriff clerk,” are omitted;
35
(b)
in Schedule 1 (parliamentary elections rules), for rule 58 there is
substituted—
“58   (1)
This rule modifies rules 55 to 57 in relation to elections in
Scotland.
      (2)
In relation to such elections—
40
(a)
the documents mentioned in rule 55(1)—
(i)
are not to be forwarded by the returning
officer as required by that rule,