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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 3621 (2007-08 Session), 1-3, 5-10, 11-17, 19-23, 25 and 27-29 |
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| Political Parties and Elections Bill, As Amended |
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| | Limitation of pre-candidacy election expenses for certain general elections |
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| To move the following Clause:— |
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| | ‘(1) | In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section |
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| | “76ZA | Limitation of pre-candidacy election expenses for certain general |
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5 | | (1) | This section applies where — |
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| | (a) | a Parliament is not dissolved until after the period of 55 months |
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| | beginning with the day on which that Parliament first met (“the |
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| | (b) | election expenses are incurred by or on behalf of a candidate at |
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10 | | the parliamentary general election which follows the dissolution, |
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| | (c) | the expenses are incurred in respect of a matter which is used |
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| | during the period beginning immediately after the 55-month |
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| | period and ending with the day on which the person becomes a |
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15 | | candidate at that election. |
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| | | For the purposes of this section, section 90ZA(1) has effect with the |
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| | omission of the words “after the date when he becomes a candidate at the |
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| | (2) | Election expenses incurred as mentioned in subsection (1) must not in the |
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20 | | aggregate exceed the permitted amount, which is the relevant percentage |
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| | (a) | for a candidate at an election in a county constituency, £25,000 |
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| | plus 7p for every entry in the register of electors; |
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| | (b) | for a candidate at an election in a borough constituency, £25,000 |
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25 | | plus 5p for every entry in the register of electors. |
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| | (3) | The relevant percentage is— |
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| | (a) | 100% where the dissolution was during the 60th month of the |
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| | (b) | 90% where the dissolution was during its 59th month; |
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30 | | (c) | 80% where the dissolution was during its 58th month; |
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| | (d) | 70% where the dissolution was during its 57th month; |
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| | (e) | 60% where the dissolution was during its 56th month. |
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| | | For the purposes of this subsection, the “56th month” of a Parliament is |
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| | the month beginning immediately after the 55-month period; and so on. |
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35 | | (4) | In subsection (2) above “the register of electors” means the register of |
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| | parliamentary electors for the constituency in question as it has effect on |
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| | the last day for publication of notice of the election. |
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| | (5) | Where election expenses are incurred as mentioned in subsection (1) in |
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| | excess of the permitted amount, any candidate or election agent who— |
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40 | | (a) | incurred, or authorised the incurring of, the election expenses, |
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| | (b) | knew or ought reasonably to have known that the expenses |
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| | would be incurred in excess of that amount, |
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| | | shall be guilty of an illegal practice. |
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45 | | (6) | The candidate’s personal expenses do not count towards the permitted |
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| | (2) | The amendments made by this section do not apply in relation to any expenses— |
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| | (a) | incurred before the commencement of this section, or |
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| | (b) | incurred in respect of any matters used before 1 January 2010.’. |
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| | As Amendments to Secretary Jack Straw’s proposed New Clause (Limitation of pre- |
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| | candidacy election expenses for certain general elections) (NC17):— |
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| Line 6, leave out ‘55’ and insert ‘50’. |
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| Line 8, leave out ‘55’ and insert ‘50’. |
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| Line 13, leave out ‘55’ and insert ‘50’. |
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| | ‘(f) | 50% where the dissolution was during its 55th month; |
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| | (g) | 40% where the dissolution was during the 54th month; |
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| | (h) | 30% where the dissolution was during its 53rd month; |
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| | (i) | 20% where the dissolution was during its 52nd month; |
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| | (j) | 10% where the dissolution was during its 51st month.’. |
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| Page 1, line 7 [Clause 1], after ‘the’, insert ‘primary’. |
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| Page 1, line 7 [Clause 1], after ‘function’, insert ‘(which shall not include the |
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| encouragement of democratic engagement)’. |
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| Page 16, line 24 [Schedule 1], leave out ‘or has been’. |
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| Page 16, line 25 [Schedule 1], at end insert— |
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| | ‘(aa) | has been the treasurer or another officer of an organisation to which |
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| | this paragraph applies within the five years immediately prior to the |
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| Page 16, line 26 [Schedule 1], at end insert— |
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| | ‘(2A) | A disclosure notice must be served on the individual specified in paragraph (2) |
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| | by hand by a person specifically authorised by the Commission to affect the |
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| | service of such notices.’. |
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| Page 17, line 2 [Schedule 1], at end insert— |
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| | ‘(3A) | A person served with a disclosure notice under paragraph (2) may appeal to the |
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| | Commission in writing within 14 days of receipt of service under paragraph |
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| Page 17, line 4 [Schedule 1], leave out from ‘within’ to end and insert ‘28 days of |
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| receipt of that disclosure notice.’. |
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| Page 17, line 34 [Schedule 1], leave out from ‘such’ to end of line 35 and insert ‘28 |
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| days of receipt of that disclosure notice.’. |
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| Page 17, line 13 [Schedule 1], at end insert— |
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| | ‘(6) | For the purposes of this Schedule a person authorised by the Commission is a |
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| | person who has express written authority of the Commission to act on its |
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| | behalf and is one of the following— |
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| | (a) | an employee of managerial level of the Electoral Commission; |
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| | (b) | a member of a police force in England and Wales; |
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| | (c) | a constable of a police force in Scotland; or |
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| | (d) | a member of the Police Service for Northern Ireland.’. |
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| Page 19, line 12 [Schedule 1], leave out ‘three months’ and insert ‘42 days from the |
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| date on which they were seized’. |
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| Page 19, line 14 [Schedule 1], leave out ‘three month’ and insert ‘42 day’. |
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| Page 19, line 19 [Schedule 1], at end insert— |
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| | ‘(2A) | The Commission may apply to the Magistrates’ Court to extend this 42 day |
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| | period by a further 14 days where they can prove on reasonable grounds that |
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| | the continued retention of such documents is vital to the ongoing investigation |
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| | into offences under this Act which involve in excess of £10,000.’. |
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| Page 19, line 20 [Schedule 1], leave out ‘three month’ and insert ‘42 day’. |
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| Page 20, line 42 [Schedule 1], at end insert ‘and leave a copy of such authorisation |
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| Page 19, line 16 [Schedule 1], leave out ‘three month period’ and insert ‘42 days |
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| from the date on which they were seized’. |
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| Page 24, line 1 [Schedule 2], leave out paragraph (b). |
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| Page 24, line 8 [Schedule 2], leave out paragraph (b). |
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| Page 24, line 15 [Schedule 2], leave out paragraph (b). |
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| Page 24, line 22 [Schedule 2], leave out paragraph (b). |
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| Page 27, line 3 [Schedule 2], leave out paragraph (a). |
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| Page 27 [Schedule 2], leave out lines 19 and 20. |
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| Page 27, line 23 [Schedule 2], leave out subsection (8). |
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| Page 28, line 34 [Schedule 2], leave out paragraph (b). |
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| Page 29, line 8 [Schedule 2], leave out paragraph (b). |
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| Page 24, line 27 [Schedule 2], at end insert ‘within 28 days of receipt of the notice |
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| Page 24, line 44 [Schedule 2], at end insert ‘within the period specified under |
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| Page 25, line 3 [Schedule 2], at end insert ‘at any point during the period specified |
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| Page 25, line 34 [Schedule 2], after first ‘the’, insert ‘date of commencement of the |
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| Page 25, line 36 [Schedule 2], after first ‘the’, insert ‘date of commencement of the |
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| Page 25, line 16 [Schedule 2], leave out from ‘penalty’ to end of line 21 and insert |
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| ‘at any point within 28 days of receipt of the notice under paragraph 2(4).’. |
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| Page 25, line 22 [Schedule 2], leave out ‘a county court’ and insert ‘the High |
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| Page 28, line 6 [Schedule 2], after ‘shall’, insert ‘promptly’. |
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| Page 25, line 7 [Schedule 2], after ‘shall’, insert ‘promptly’. |
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| Page 28, line 9 [Schedule 2], leave out from ‘requirement’ to end of line 18 and |
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| insert ‘at any point within 28 days of receipt of the notice under paragraph 6(5)’. |
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| Page 25, line 44 [Schedule 2], leave out paragraph (d). |
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| Page 28, line 39 [Schedule 2], leave out sub-paragraph (iii). |
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