House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

11

House of Commons

Notices of Amendments

given on

Monday 26 January 2009

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

3621 (2007-08 Session), 1-3 and 5-10

Consideration of Bill

Political Parties and Elections Bill, As Amended

Control of donations to holders of elective office: compliance officers

Secretary Jack Straw

NC13

To move the following Clause:—

‘(1)
In Schedule 7 to the 2000 Act (control of donations to individuals etc), at the end

there is inserted—

“Part 7

COMPLIANCE OFFICERS

Functions and liabilities of compliance officers

17  (1)
A regulated donee who is the holder of a relevant elective office (the

“office-holder”) may, by giving a notice to the Commission which

complies with paragraph 18(1), appoint an individual as compliance

officer for the office-holder.

      (2)
Where a notice under this paragraph is for the time being in force—

(a)
any duty imposed on the office-holder by virtue of paragraph

8, or under paragraph 10, 11 or 13, may be discharged either

by the office-holder or by the compliance officer;

(b)
section 56(3), (3B) and (4) as applied by paragraph 8, and

paragraph 12(1) and (2), apply to the compliance officer as

well as the office-holder (so that either or both of them may be

charged with any offence under those provisions);

(c)
if the compliance officer makes a declaration under paragraph

13, paragraph 13(4) applies to the compliance officer instead

of the office-holder.

Notices of Amendments: 26 January 2009
12

Political Parties and Elections Bill, continued

      (3)
The compliance officer for an office-holder cannot be guilty of an

offence under paragraph 12(1) or (2) in respect of any controlled

donation received by the office-holder at a time when the notice under

this paragraph was not in force.

      (4)
A person commits an offence if, at a time when a notice under this

paragraph is in force in relation to an office-holder, the person

knowingly gives the compliance officer any information relating to—

(a)
the amount of any controlled donation made to the office-

holder, or

(b)
the person or body making such a donation,


which is false in a material particular.

Notices of appointment, renewal, alteration and termination

18  (1)
A notice under paragraph 17—

(a)
must be signed by the office-holder, and

(b)
must contain a statement signed by the individual to be

appointed as compliance officer confirming that the

individual is willing to be appointed.

      (2)
A notice under paragraph 17 must state—

(a)
the full name of the office-holder,

(b)
the relevant elected office that the person holds,

(c)
the office-holder’s home address in the United Kingdom, or

(if there is no such home address) the office-holder’s home

address elsewhere, and

(d)
if the office-holder is a member of a registered party, the

party’s registered name and the address of its registered

headquarters.

      (3)
A notice under paragraph 17 must also state—

(a)
the full name of the individual to be appointed as compliance

officer,

(b)
if the individual holds a relevant elected office, what that

office is,

(c)
the individual’s home address in the United Kingdom, or (if

there is no such home address) the individual’s home address

elsewhere, and

(d)
if the individual is a member of a registered party, the party’s

registered name and the address of its registered headquarters.

      (4)
Subject to the following provisions of this paragraph, a notice under

paragraph 17 (“the original notice”)—

(a)
shall be in force as from the date on which it is received by the

Commission, but

(b)
shall, subject to sub-paragraph (5), lapse at the end of the

period of 12 months beginning with that date unless the

office-holder or the compliance officer gives a notice to the

Commission that they both wish the original notice to remain

in force.

      (5)
A notice under sub-paragraph (4)(b) (a “renewal notice”) must

either—

Notices of Amendments: 26 January 2009
13

Political Parties and Elections Bill, continued

(a)
confirm that all the statements contained in the original notice,

as it has effect for the time being, are accurate; or

(b)
indicate that any statement contained in that notice, as it so has

effect, is replaced by some other statement conforming with

the relevant provision of sub-paragraph (2) or (3).


A renewal notice must be signed by the office-holder and the

compliance officer.

      (6)
A renewal notice must be received by the Commission during the

period of one month ending with the year referred to in sub-paragraph

(4)(b).

      (7)
The office-holder or the compliance officer may, at any time after

giving the original notice, give the Commission a notice (a “notice of

alteration”) indicating that any statement contained in the original

notice, as it has effect for the time being, is replaced by some other

statement—

(a)
contained in the notice of alteration, and

(b)
conforming with the relevant provision of sub-paragraph (2)

or (3).


A notice of alteration must be signed by the office-holder and the

compliance officer.

      (8)
A notice under paragraph 17 ceases to have effect on receipt by the

Commission of a notice terminating it (a “notice of termination”)

given by the office-holder or the compliance officer.


A notice of termination must be signed by the person giving it (but

may be signed both by the office-holder and the compliance officer).

      (9)
Where a notice of termination is signed by the office-holder alone or

by the compliance officer alone, the Commission must inform the

other person as soon as is reasonably practicable.

Register of compliance officers

19  (1)
The Commission shall maintain a register of all notices given to them

under paragraph 17 which are for the time being in force.

      (2)
The register shall be maintained by the Commission in such form as

they may determine and shall contain, in the case of each such notice,

all the information contained in the notice as it has effect for the time

being in accordance with paragraph 18.

      (3)
Where any notice is given to the Commission under paragraph 17 or

sub-paragraph (5) or (7) of paragraph 18, they shall cause all the

information contained in the notice, or (as the case may be) any new

information contained in it, to be entered in the register as soon as is

reasonably practicable.

      (4)
The information to be entered in the register in respect of any

individual shall, however, not include the individual’s home address.”

(2)
In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate

place—

Notices of Amendments: 26 January 2009
14

Political Parties and Elections Bill, continued

“Paragraph 17(4) of Schedule 7
On summary conviction in England

(knowingly giving compliance officer
and Wales or Scotland: statutory

false information about donations)
maximum or 12 months.

On summary conviction in Northern

Ireland: statutory maximum or 6

months.

On indictment: fine or 1 year.”’.

Secretary Jack Straw

11

Page  17  [Schedule  1],  leave out lines 5 to 13 and insert—

‘Powers of entry and inspection

1A  (1)
This paragraph applies to the following organisations and individuals—

(a)
a registered party or, in the case of a registered party with accounting

units—

(i)
the central organisation of the party;

(ii)
an accounting unit of the party;

(b)
a recognised third party (within the meaning of Part 6);

(c)
a permitted participant (within the meaning of Part 7);

(d)
a members association (within the meaning of Schedule 7);

(e)
an organisation or individual formerly falling within any of paragraphs

(a) to (d).

      (2)
A person authorised by the Commission may, for the purposes of the carrying

out by the Commission of their functions—

(a)
at any reasonable time enter premises occupied by an organisation to

which, or an individual to whom, this paragraph applies, and

(b)
having entered the premises, inspect any documents relating to the

income and expenditure of the organisation or individual.

      (3)
This paragraph is subject to paragraph 2(6).’.

Secretary Jack Straw

12

Page  18,  line  1  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph 1A’.

Secretary Jack Straw

13

Page  18,  line  5  [Schedule  1],  leave out from beginning to end of line 9 on page 19

and insert—

‘Court order for delivery of documents

3    (1)
This paragraph applies where the Commission have given a notice under

paragraph 2 requiring documents to be produced.

      (2)
A county court or (in Scotland) a sheriff may make a disclosure order against

a person (“the respondent”) if satisfied on an application by the Commission

that—

(a)
there are reasonable grounds to suspect that a person (whether or not

the respondent) has committed an offence under this Act or has

Notices of Amendments: 26 January 2009
15

Political Parties and Elections Bill, continued

contravened (otherwise than by committing an offence) any restriction

or other requirement imposed by or by virtue of this Act, and

(b)
there are documents referred to in the notice under paragraph 2

which—

(i)
have not been produced as required by the notice (either

within the time specified in the notice for compliance or

subsequently),

(ii)
are reasonably required by the Commission for the purposes

of investigating the offence or contravention referred to in

paragraph (a), and

(iii)
are in the custody or under the control of the respondent.

      (3)
A disclosure order is an order requiring the respondent to deliver to the

Commission, within such time as is specified in the order, such documents

falling within sub-paragraph (2)(b) as are identified in the order (either

specifically or by reference to any category or description of document).

      (4)
For the purposes of sub-paragraph (2)(b)(iii) a document is under a person’s

control if it is in the person’s possession or if the person has a right to

possession of it.

      (5)
A person who fails to comply with a disclosure order may not, in respect of that

failure, be both punished for contempt of court and convicted of an offence

under paragraph 13(1).’.

Secretary Jack Straw

14

Page  19,  line  11  [Schedule  1],  leave out from beginning to first ‘for’ in line 12 and

insert ‘The Commission may retain any documents delivered to them in compliance with

an order under paragraph 3’.

Secretary Jack Straw

15

Page  20,  line  29  [Schedule  1],  leave out from ‘documents’ to end of line 30 and

insert ‘delivered to them in compliance with an order under paragraph 3;’.

Secretary Jack Straw

16

Page  20,  line  37  [Schedule  1],  leave out from ‘exercising’ to end of line 39 and

insert ‘a power under paragraph 1A in relation to any premises’.

Secretary Jack Straw

17

Page  20,  line  40  [Schedule  1],  leave out ‘or warrant’.

Secretary Jack Straw

18

Page  22,  line  28  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph

1A’.

Secretary Jack Straw

19

Page  22,  line  32  [Schedule  1],  leave out ‘a warrant’ and insert ‘an order’.

Notices of Amendments: 26 January 2009
16

Political Parties and Elections Bill, continued

Secretary Jack Straw

20

Page  22  [Schedule  1],  leave out lines 33 to 36.

Secretary Jack Straw

21

Page  23,  line  11  [Schedule  1],  leave out ‘paragraph 1(5)’ and insert ‘paragraph

1A’.

Secretary Jack Straw

22

Page  23,  line  15  [Schedule  1],  leave out from ‘which’ to end of line 23 and insert

‘an order under paragraph 3—

(i)
was applied for;

(ii)
was made.’.

Secretary Jack Straw

23

Page  36  [Schedule  2],  leave out lines 39 and 40 and insert—

    ‘( )
Each report by the Commission under paragraph 20 of Schedule 1 shall contain

information about the use made by the Commission of their powers under this

Schedule during the year in question.

      ( )
The report shall, in particular, specify—’.

Secretary Jack Straw

24

Page  36,  line  42  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

25

Page  36,  line  44  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

26

Page  36,  line  45  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

27

Page  37,  line  1  [Schedule  2],  leave out ‘has been’ and insert ‘was’.

Secretary Jack Straw

28

Page  37  [Schedule  2],  leave out lines 3 to 6 and insert—

    ‘( )
This paragraph does not require the Commission to include in a report any

information that, in their opinion, it would be inappropriate to include on the

ground that to do so—

(a)
would or might be unlawful, or

(b)
might adversely affect any current investigation or proceedings.’.

Secretary Jack Straw

29

Page  45,  line  39  [Schedule  4],  at end insert—

Notices of Amendments: 26 January 2009
17

Political Parties and Elections Bill, continued

‘
In section 149 (inspection of Commission’s registers etc), in subsection (1),

after paragraph (d) there is inserted—

“(e)
paragraph 19 of Schedule 7”.’.

Secretary Jack Straw

30

Page  47,  line  18  [Schedule  5],  at end insert—

‘In section 149(1), the word “or” at the end of

paragraph (c).’.

Sir Peter Viggers

31

Page  4,  line  15  [Clause  5],  leave out ‘two’ and insert ‘one’.

Sir Peter Viggers

32

Page  4,  line  17  [Clause  5],  leave out ‘persons one of whom’ and insert ‘a person

who’.

Sir Peter Viggers

33

Page  4,  line  23  [Clause  5],  at end insert—

‘( )
In the case of an appointment of a nominated Commissioner, the reference in

section 3(2)(c) to being selected is to be read, where appropriate, as a reference

to being recommended.’.