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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 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 ‘and may by notice require the |
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| Commission to withdraw the notice and pursue the matter as a criminal offence under the |
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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 7 [Schedule 2], after ‘shall’, insert ‘promptly’. |
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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 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 44 [Schedule 2], leave out sub-sub-paragraph (d). |
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| Page 27, line 3 [Schedule 2], leave out sub-sub-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 sub-paragraph (8). |
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| Page 28, line 6 [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 28, line 34 [Schedule 2], leave out sub-sub-paragraph (b). |
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| Page 28, line 39 [Schedule 2], leave out sub-sub-sub-paragraph (iii). |
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| Page 29, line 8 [Schedule 2], leave out sub-sub-paragraph (b). |
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| Page 29, line 21 [Schedule 2], after ‘may’, insert ‘at any point during a period of 28 |
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| days from receipt of that notice’. |
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| Page 29, line 28 [Schedule 2], leave out ‘a county court’ and insert ‘the High |
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| Page 33, line 3 [Schedule 2], leave out sub-sub-paragraph (a). |
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| Page 36 [Schedule 2], leave out lines 39 and 40 and insert— |
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| | ‘( ) | Each report by the Commission under paragraph 20 of Schedule 1 shall contain |
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| | information about the use made by the Commission of their powers under this |
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| | Schedule during the year in question. |
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| | ( ) | The report shall, in particular, specify—’. |
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| Page 36, line 39 [Schedule 2], leave out ‘from time to time’ and insert ‘annually’. |
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| Page 36, line 42 [Schedule 2], leave out ‘has been’ and insert ‘was’. |
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| Page 36, line 44 [Schedule 2], leave out ‘has been’ and insert ‘was’. |
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| Page 36, line 45 [Schedule 2], leave out ‘has been’ and insert ‘was’. |
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| Page 37, line 1 [Schedule 2], leave out ‘has been’ and insert ‘was’. |
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| Page 37 [Schedule 2], leave out lines 3 to 6 and insert— |
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| | ‘( ) | This paragraph does not require the Commission to include in a report any |
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| | information that, in their opinion, it would be inappropriate to include on the |
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| | (a) | would or might be unlawful, or |
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5 | | (b) | might adversely affect any current investigation or proceedings.’. |
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| | As Amendments to Secretary Jack Straw’s proposed Amendment (No. 28):— |
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| Line 2, after ‘their’, insert ‘reasonable’. |
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| Line 5, leave out ‘might’ and insert ‘would’. |
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| Page 37, line 6 [Schedule 2], at end insert— |
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| | ‘(3) | In a report the Commission will not specify the names of those persons who have |
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| | been the subject of the cases specified in sub-paragraph 1(a), (b) and (c) save |
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| | where the amount of any penalty exceeds £5,000.’. |
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| new clauses and amendments relating to compliance officers for |
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| holderS of elective office |
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| | Control of donations to holders of elective office: compliance officers |
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| To move the following Clause:— |
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| | ‘(1) | In Schedule 7 to the 2000 Act (control of donations to individuals etc), at the end |
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| | Functions and liabilities of compliance officers |
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| | 17 (1) | A regulated donee who is the holder of a relevant elective office (the |
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| | “office-holder”) may, by giving a notice to the Commission which |
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| | complies with paragraph 18(1), appoint an individual as compliance |
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| | officer for the office-holder. |
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| | (2) | Where a notice under this paragraph is for the time being in force— |
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| | (a) | any duty imposed on the office-holder by virtue of paragraph |
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| | 8, or under paragraph 10, 11 or 13, may be discharged either |
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| | by the office-holder or by the compliance officer; |
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| | (b) | section 56(3), (3B) and (4) as applied by paragraph 8, and |
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| | paragraph 12(1) and (2), apply to the compliance officer as |
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| | well as the office-holder (so that either or both of them may be |
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| | charged with any offence under those provisions); |
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| | (c) | if the compliance officer makes a declaration under paragraph |
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| | 13, paragraph 13(4) applies to the compliance officer instead |
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| | (3) | The compliance officer for an office-holder cannot be guilty of an |
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| | offence under paragraph 12(1) or (2) in respect of any controlled |
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| | donation received by the office-holder at a time when the notice under |
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| | this paragraph was not in force. |
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| | (4) | A person commits an offence if, at a time when a notice under this |
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| | paragraph is in force in relation to an office-holder, the person |
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| | knowingly gives the compliance officer any information relating to— |
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| | (a) | the amount of any controlled donation made to the office- |
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| | (b) | the person or body making such a donation, |
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| | | which is false in a material particular. |
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| | Notices of appointment, renewal, alteration and termination |
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| | 18 (1) | A notice under paragraph 17— |
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| | (a) | must be signed by the office-holder, and |
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| | (b) | must contain a statement signed by the individual to be |
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| | appointed as compliance officer confirming that the |
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| | individual is willing to be appointed. |
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| | (2) | A notice under paragraph 17 must state— |
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| | (a) | the full name of the office-holder, |
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| | (b) | the relevant elected office that the person holds, |
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| | (c) | the office-holder’s home address in the United Kingdom, or |
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| | (if there is no such home address) the office-holder’s home |
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| | (d) | if the office-holder is a member of a registered party, the |
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| | party’s registered name and the address of its registered |
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| | (3) | A notice under paragraph 17 must also state— |
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| | (a) | the full name of the individual to be appointed as compliance |
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| | (b) | if the individual holds a relevant elected office, what that |
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| | (c) | the individual’s home address in the United Kingdom, or (if |
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| | there is no such home address) the individual’s home address |
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| | (d) | if the individual is a member of a registered party, the party’s |
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| | registered name and the address of its registered headquarters. |
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| | (4) | Subject to the following provisions of this paragraph, a notice under |
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| | paragraph 17 (“the original notice”)— |
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| | (a) | shall be in force as from the date on which it is received by the |
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| | (b) | shall, subject to sub-paragraph (5), lapse at the end of the |
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| | period of 12 months beginning with that date unless the |
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| | office-holder or the compliance officer gives a notice to the |
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| | Commission that they both wish the original notice to remain |
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| | |
| | (5) | A notice under sub-paragraph (4)(b) (a “renewal notice”) must |
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| | (a) | confirm that all the statements contained in the original notice, |
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| | as it has effect for the time being, are accurate; or |
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| | (b) | indicate that any statement contained in that notice, as it so has |
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| | effect, is replaced by some other statement conforming with |
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| | the relevant provision of sub-paragraph (2) or (3). |
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| | | A renewal notice must be signed by the office-holder and the |
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| | (6) | A renewal notice must be received by the Commission during the |
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| | period of one month ending with the year referred to in sub-paragraph |
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| | (7) | The office-holder or the compliance officer may, at any time after |
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| | giving the original notice, give the Commission a notice (a “notice of |
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| | alteration”) indicating that any statement contained in the original |
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| | notice, as it has effect for the time being, is replaced by some other |
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| | (a) | contained in the notice of alteration, and |
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| | (b) | conforming with the relevant provision of sub-paragraph (2) |
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| | | A notice of alteration must be signed by the office-holder and the |
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| | |
| | (8) | A notice under paragraph 17 ceases to have effect on receipt by the |
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| | Commission of a notice terminating it (a “notice of termination”) |
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| | given by the office-holder or the compliance officer. |
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| | | A notice of termination must be signed by the person giving it (but |
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| | may be signed both by the office-holder and the compliance officer). |
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| | (9) | Where a notice of termination is signed by the office-holder alone or |
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| | by the compliance officer alone, the Commission must inform the |
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| | other person as soon as is reasonably practicable. |
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| | Register of compliance officers |
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| | 19 (1) | The Commission shall maintain a register of all notices given to them |
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| | under paragraph 17 which are for the time being in force. |
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