House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

31

House of Commons

Notices of Amendments

given on

Tuesday 3 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, 25 and 27-29

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
5
(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
10
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
15
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
20
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: 3 February 2009
32

Political Parties and Elections Bill, continued

(b)
for a candidate at an election in a borough constituency, £25,000
25
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;
30
(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.
35
(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—
40
(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.
45
(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.’.

As Amendments to Secretary Jack Straw’s proposed New Clause (Limitation of pre-

candidacy election expenses for certain general elections) (NC17):—

Bob Spink

Andrew Mackinlay

(a)

Line  6,  leave out ‘55’ and insert ‘50’.

Bob Spink

Andrew Mackinlay

(b)

Line  8,  leave out ‘55’ and insert ‘50’.

Bob Spink

Andrew Mackinlay

(c)

Line  13,  leave out ‘55’ and insert ‘50’.

Bob Spink

Andrew Mackinlay

(d)

Line  32,  at end insert—

Notices of Amendments: 3 February 2009
33

Political Parties and Elections Bill, continued

‘(f)
50% where the dissolution was during its 55th month;

(g)
40% where the dissolution was during the 54th month;

(h)
30% where the dissolution was during its 53rd month;

(i)
20% where the dissolution was during its 52nd month;

(j)
10% where the dissolution was during its 51st month.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

44

Page  1,  line  7  [Clause  1],  after ‘the’, insert ‘primary’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

45

Page  1,  line  7  [Clause  1],  after ‘function’, insert ‘(which shall not include the

encouragement of democratic engagement)’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

46

Page  16,  line  24  [Schedule  1],  leave out ‘or has been’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

47

Page  16,  line  25  [Schedule  1],  at end insert—

‘(aa)
has been the treasurer or another officer of an organisation to which

this paragraph applies within the five years immediately prior to the

date of the notice, or’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

48

Page  16,  line  26  [Schedule  1],  at end insert—

  ‘(2A)
A disclosure notice must be served on the individual specified in paragraph (2)

by hand by a person specifically authorised by the Commission to affect the

service of such notices.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

49

Page  17,  line  2  [Schedule  1],  at end insert—

  ‘(3A)
A person served with a disclosure notice under paragraph (2) may appeal to the

Commission in writing within 14 days of receipt of service under paragraph

(2A).’.

Notices of Amendments: 3 February 2009
34

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

50

Page  17,  line  4  [Schedule  1],  leave out from ‘within’ to end and insert ‘28 days of

receipt of that disclosure notice.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

51

Page  17,  line  34  [Schedule  1],  leave out from ‘such’ to end of line 35 and insert ‘28

days of receipt of that disclosure notice.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

52

Page  17,  line  13  [Schedule  1],  at end insert—

    ‘(6)
For the purposes of this Schedule a person authorised by the Commission is a

person who has express written authority of the Commission to act on its

behalf and is one of the following—

(a)
an employee of managerial level of the Electoral Commission;

(b)
a member of a police force in England and Wales;

(c)
a constable of a police force in Scotland; or

(d)
a member of the Police Service for Northern Ireland.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

53

Page  19,  line  12  [Schedule  1],  leave out ‘three months’ and insert ‘42 days from the

date on which they were seized’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

54

Page  19,  line  14  [Schedule  1],  leave out ‘three month’ and insert ‘42 day’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

55

Page  19,  line  19  [Schedule  1],  at end insert—

  ‘(2A)
The Commission may apply to the Magistrates’ Court to extend this 42 day

period by a further 14 days where they can prove on reasonable grounds that

the continued retention of such documents is vital to the ongoing investigation

into offences under this Act which involve in excess of £10,000.’.

Notices of Amendments: 3 February 2009
35

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

56

Page  19,  line  20  [Schedule  1],  leave out ‘three month’ and insert ‘42 day’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

57

Page  20,  line  42  [Schedule  1],  at end insert ‘and leave a copy of such authorisation

with that person.’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

58

Page  19,  line  16  [Schedule  1],  leave out ‘three month period’ and insert ‘42 days

from the date on which they were seized’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

59

Page  24,  line  1  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

60

Page  24,  line  8  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

61

Page  24,  line  15  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

62

Page  24,  line  22  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

63

Page  27,  line  3  [Schedule  2],  leave out paragraph (a).

Notices of Amendments: 3 February 2009
36

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

64

Page  27  [Schedule  2],  leave out lines 19 and 20.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

65

Page  27,  line  23  [Schedule  2],  leave out subsection (8).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

66

Page  28,  line  34  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

67

Page  29,  line  8  [Schedule  2],  leave out paragraph (b).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

68

Page  24,  line  27  [Schedule  2],  at end insert ‘within 28 days of receipt of the notice

under paragraph 2(4).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

69

Page  24,  line  44  [Schedule  2],  at end insert ‘within the period specified under

paragraph 3(2)(a).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

70

Page  25,  line  3  [Schedule  2],  at end insert ‘at any point during the period specified

in paragraph 3(2)(b).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

71

Page  25,  line  34  [Schedule  2],  after first ‘the’, insert ‘date of commencement of the

28 day period’.

Notices of Amendments: 3 February 2009
37

Political Parties and Elections Bill, continued

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

72

Page  25,  line  36  [Schedule  2],  after first ‘the’, insert ‘date of commencement of the

28 day period’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

73

Page  25,  line  16  [Schedule  2],  leave out from ‘penalty’ to end of line 21 and insert

‘at any point within 28 days of receipt of the notice under paragraph 2(4).’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

74

Page  25,  line  22  [Schedule  2],  leave out ‘a county court’ and insert ‘the High

Court’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

75

Page  28,  line  6  [Schedule  2],  after ‘shall’, insert ‘promptly’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

76

Page  25,  line  7  [Schedule  2],  after ‘shall’, insert ‘promptly’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

77

Page  28,  line  9  [Schedule  2],  leave out from ‘requirement’ to end of line 18 and

insert ‘at any point within 28 days of receipt of the notice under paragraph 6(5)’.

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

78

Page  25,  line  44  [Schedule  2],  leave out paragraph (d).

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

79

Page  28,  line  39  [Schedule  2],  leave out sub-paragraph (iii).