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Consideration of Bill: 9 February 2009

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Political Parties and Elections Bill, continued

“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.

(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—

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Consideration of Bill: 9 February 2009

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Political Parties and Elections Bill, continued

(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—

(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.

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Consideration of Bill: 9 February 2009

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Political Parties and Elections Bill, continued

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—

	“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.”’.

Mr Fabian Hamilton

5

Page  38,  line  21  [Schedule  3],  at beginning insert—

‘(A1)

In paragraph 1 of Schedule 7 to the 2000 Act (prohibition on accepting

donations from impermissible donors), at the end of sub-sub-paragraph (7)(c)

there is inserted “, or a compliance officer appointed by the holder of a relevant

elective office to act on his behalf.”’.

new clauses and amendments relating to clauses 4 to 7

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

86

Page  4,  line  2  [Clause  5],  leave out from ‘3A’ to end and insert ‘Nominated

Commissioners’.

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Consideration of Bill: 9 February 2009

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Political Parties and Elections Bill, continued

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

87

Page  4,  line  3  [Clause  5],  leave out from beginning to ‘be’ and insert ‘A

“nominated Commissioner” shall’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

88

Page  4,  line  5  [Clause  5],  leave out ‘(a “nominated Commissioner”)’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

89

Page  4,  line  7  [Clause  5],  leave out from ‘with’ to ‘at’ in line 8 and insert ‘15 or

more parliamentarians’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

90

Page  4,  line  9  [Clause  5],  leave out from ‘appointment’ to ‘whose’ in line 13.

Secretary Jack Straw

Sir Peter Viggers

31

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

Secretary Jack Straw

Sir Peter Viggers

32

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

who’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

91

Page  4,  line  19  [Clause  5],  at end insert—

‘( )	In subsection (2) a “parliamentarian” means a Member of the European

Parliament, a Member of the House of Commons, a Member of the Scottish

Parliament, a Member of the Welsh Assembly or a Member of the Northern

Ireland Assembly.’.

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Consideration of Bill: 9 February 2009

93

Political Parties and Elections Bill, continued

Secretary Jack Straw

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.’.

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

92

Page  4,  line  26  [Clause  5],  leave out subsection (7).

Pete Wishart

Angus Robertson

Mr Elfyn Llwyd

Mr Eddie McGrady

93

Page  4,  line  46  [Clause  6],  leave out ‘nine or ten’ and insert ‘one or two more than

the number of nominated Commissioners multiplied by two.’.

New clauses and amendments relating to clauses 10 to 12

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”.

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Consideration of Bill: 9 February 2009

94

Political Parties and Elections Bill, continued

(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;

(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

Martin Linton

(a)

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

Bob Spink

Andrew Mackinlay

Martin Linton

(b)

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

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Consideration of Bill: 9 February 2009

95

Political Parties and Elections Bill, continued

Bob Spink

Andrew Mackinlay

Martin Linton

(c)

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

Bob Spink

Andrew Mackinlay

Martin Linton

(d)

Line  32,  at end insert—

‘(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.’.

Secretary Jack Straw

38

Page  9,  line  15,  leave out Clause 11.

Mr Nick Clegg

Dr Vincent Cable

David Howarth

Mr David Heath

Mr Alan Reid

Mr Paul Burstow

10

Page  9,  line  36  [Clause  11],  at end insert—

‘(6)	No act or statement made before the commencement of this section shall be taken

into account in deciding whether a person has become a candidate.’.

new clauses and amendments relating to thresholds in relation to

political donations and loans

£50,000 cap on donations

David Howarth

Mr Alan Reid

Mr Nick Clegg

Dr Vincent Cable

Mr David Heath

Mr Paul Burstow

NC1

To move the following Clause:—

‘(1)	In section 54 of the 2000 Act, after subsection (1) there is inserted—

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Revised 9 February 2009