House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

27

House of Commons

Notices of Amendments

given on

Monday 2 February 2009

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

3621 (2007-08 Session), 1-3, 5-10, 11-17, 19-23 and 25

Consideration of Bill

Political Parties and Elections Bill, As Amended

Limitation of pre-candidacy election expenses for certain general elections

Secretary Jack Straw

NC17

To move the following Clause:—

‘(1)
In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section

76 there is inserted—

“76ZA
  Limitation of pre-candidacy election expenses for certain general

elections

(1)
This section applies where —

(a)
a Parliament is not dissolved until after the period of 55 months

beginning with the day on which that Parliament first met (“the

55-month period”),

(b)
election expenses are incurred by or on behalf of a candidate at

the parliamentary general election which follows the dissolution,

and

(c)
the expenses are incurred in respect of a matter which is used

during the period beginning immediately after the 55-month

period and ending with the day on which the person becomes a

candidate at that election.


For the purposes of this section, section 90ZA(1) has effect with the

omission of the words “after the date when he becomes a candidate at the

election”.

(2)
Election expenses incurred as mentioned in subsection (1) must not in the

aggregate exceed the permitted amount, which is the relevant percentage

of the following sum—

(a)
for a candidate at an election in a county constituency, £25,000

plus 7p for every entry in the register of electors;

Notices of Amendments: 2 February 2009
28

Political Parties and Elections Bill, continued

(b)
for a candidate at an election in a borough constituency, £25,000

plus 5p for every entry in the register of electors.

(3)
The relevant percentage is—

(a)
100% where the dissolution was during the 60th month of the

Parliament;

(b)
90% where the dissolution was during its 59th month;

(c)
80% where the dissolution was during its 58th month;

(d)
70% where the dissolution was during its 57th month;

(e)
60% where the dissolution was during its 56th month.


For the purposes of this subsection, the “56th month” of a Parliament is

the month beginning immediately after the 55-month period; and so on.

(4)
In subsection (2) above “the register of electors” means the register of

parliamentary electors for the constituency in question as it has effect on

the last day for publication of notice of the election.

(5)
Where election expenses are incurred as mentioned in subsection (1) in

excess of the permitted amount, any candidate or election agent who—

(a)
incurred, or authorised the incurring of, the election expenses,

and

(b)
knew or ought reasonably to have known that the expenses

would be incurred in excess of that amount,


shall be guilty of an illegal practice.

(6)
The candidate’s personal expenses do not count towards the permitted

amount.”

(2)
The amendments made by this section do not apply in relation to any expenses—

(a)
incurred before the commencement of this section, or

(b)
incurred in respect of any matters used before 1 January 2010.’.

Secretary Jack Straw

38

Page  9,  line  15,  leave out Clause 11.

Secretary Jack Straw

39

Page  14,  line  39  [Clause  23],  leave out paragraph (c) and insert—

‘(c)
section 12,’.

Secretary Jack Straw

40

Page  44,  line  24  [Schedule  4],  at end insert—

‘3A
In section 76A (power to vary provisions about election expenses), after

paragraph (d) of subsection (2) there is inserted—

“(e)
section 76ZA(2) above.”’.

Secretary Jack Straw

41

Page  44,  line  24  [Schedule  4],  at end insert—

‘3B
In section 90ZA (meaning of “election expenses”), for subsection (5) there is

substituted—

Notices of Amendments: 2 February 2009
29

Political Parties and Elections Bill, continued

“(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.”’.

Secretary Jack Straw

42

Page  47,  line  12  [Schedule  5],  at end insert—

‘In section 76A(2), the word “or” at the end of

paragraph (c).’.

Secretary Jack Straw

43

Page  47  [Schedule  5],  leave out lines 13 and 14.