House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

LORDS amendments to the
Political Parties and Elections Bill
[The page and line references are to HL Bill 26, the bill as first printed for the Lords.]
Clause 3
1
Page 3, line 8, leave out “or (4)” and insert “, (4) or (5)”
Clause 5
2
Page 4, line 15, leave out “one or more” and insert “three”
3
Page 4, line 17, leave out “a person who” and insert “persons one of whom”
4
Page 4, leave out lines 24 to 26
Clause 7
5
Page 5, line 30, at end insert—

“(aa)
in relation to appointment to a post on the staff of the

Commission that is designated by a notice in force under

paragraph 11B, the period (immediately preceding the

appointment) specified by the notice;”
6
Page 5, line 41, at end insert—

“11B (1)
The chief executive of the Commission may by giving notice to

the Speaker’s Committee—

(a)
designate a particular post on the staff of the

Commission, and

(b)
specify as the relevant period for that post, for the

purposes of paragraph 11A(2)(aa), a period of two years

or more,


if the chief executive reasonably believes that it is necessary to do

so in order to maintain public confidence in the effectiveness of

the Commission in carrying out any of its functions.

Bill 136 54/4

2

      (2)
The period specified under sub-paragraph (1)(b) may not be

more than five years.

      (3)
In deciding what that period should be, the chief executive of the

Commission shall take into account—

(a)
the level of seniority of the post;

(b)
how likely it is that any holder of the post will be required

to deal with politically sensitive matters.

      (4)
Each notice under sub-paragraph (1) must relate to only one post.

      (5)
A notice under sub-paragraph (1)—

(a)
has effect from the day on which it is received by the

Speaker’s Committee, and

(b)
(subject to sub-paragraphs (6) and (7)) expires at the end

of the period of three years beginning with that day.

      (6)
Sub-paragraph (5)(b) does not prevent a further notice being

given under sub-paragraph (1) in relation to the post in question,

either—

(a)
before the previous notice would have expired, or

(b)
at any time after the expiry of the previous notice.


A further notice received by the Speaker’s Committee before the

previous notice would have expired supersedes the previous

notice.

      (7)
If the chief executive of the Commission gives notice (a

“cancellation notice”) to the Speaker’s Committee cancelling a

notice under sub-paragraph (1), the notice under that sub-

paragraph ceases to have effect—

(a)
on the day on which the cancellation notice is received by

the Speaker’s Committee, or

(b)
(if later) on such date as may be specified in the

cancellation notice.

      (8)
Before giving a notice under this paragraph the chief executive of

the Commission shall consult the Speaker’s Committee.

      (9)
The Commission shall publish, in such manner as they consider

appropriate, information setting out the effect of all notices

under sub-paragraph (1) that are in force at any particular time.””
7
Page 5, line 41, at end insert—

“( )
The amendment made by subsection (2) does not apply to the appointment

of a person—

(a)
to assist the Boundary Committee for England in the performance

of its functions,

(b)
to assist the Commission in carrying out functions transferred to

them by an order under section 18(1) of the 2000 Act (transfer of

functions of Local Government Commission for England), or

(c)
to perform duties including either or both of those.”
After Clause 7
8
Insert the following new Clause—

3

“Education about systems of government and EU institutions

In section 13 of the 2000 Act (education about electoral and democratic

systems), paragraphs (b) and (c) of subsection (1) (Commission’s duty to

promote public awareness of systems of government and EU institutions)

are omitted.”
Clause 8
9
Page 6, line 6, leave out from “£7,500,” to “the” in line 7
10
Page 6, line 8, leave out “that section” and insert “section 54A”
11
Page 6, line 8, at end insert—

“(1A)
In section 54 of the 2000 Act (permissible donors), in subsection (2)(a), after

“register” there is inserted “who is resident in the United Kingdom for the

purposes of Part 14 of the Income Tax Act 2007 and is not a non-domiciled

United Kingdom resident”.”
12
Page 6, line 31, at end insert—

“(3A)
A declaration under this section must also state that the person P is

resident in the United Kingdom for the purposes of Part 14 of the

Income Tax Act 2007 and is not a non-domiciled United Kingdom

resident.”
13
Page 6, leave out lines 37 to 40
After Clause 9
14
Insert the following new Clause—

““Reasonable excuse” in relation to certain offences under the 2000 Act

(1)
The 2000 Act is amended as follows.

(2)
In section 47 (failure by registered party to submit proper statement of

accounts to Commission)—

(a)
in paragraph (a) of subsection (1), after “are” there is inserted

“, without reasonable excuse,”;

(b)
in paragraph (b) of that subsection, after “is” there is inserted

“, without reasonable excuse,”;

(c)
subsections (2) and (3) are omitted.

(3)
In section 65 (submission of donation reports to Commission)—

(a)
in subsections (3) and (4), after “commits an offence if” there is

inserted “, without reasonable excuse,”;

(b)
subsection (5) is omitted.

(4)
In section 71S (submission of transaction reports to Commission)—

(a)
in subsections (4) and (5), after “commits an offence if” there is

inserted “, without reasonable excuse,”;

(b)
subsection (6) is omitted.

(5)
In paragraph 12 of Schedule 7 (failure to deliver donation report)—

(a)
in sub-paragraph (1), between “is” and “not delivered” there is

inserted “, without reasonable excuse”;

4

(b)
in sub-paragraph (2), after “which” there is inserted “, without

reasonable excuse,”;

(c)
sub-paragraph (3) is omitted.

(6)
In paragraph 12 of Schedule 7A (failure to deliver transaction report)—

(a)
in sub-paragraph (1), between “is” and “not delivered” there is

inserted “, without reasonable excuse,”;

(b)
in sub-paragraph (2), after “which” there is inserted “, without

reasonable excuse,”;

(c)
sub-paragraph (3) is omitted.”
15
Insert the following new Clause—

“Control of donations to members associations: responsible persons

(1)
Schedule 7 to the 2000 Act (control of donations to members associations

etc) is amended as set out in subsections (2) to (4).

(2)
In paragraph 1(9) (meaning of “the responsible person”), for paragraph (b)

there is substituted—

“(b)
otherwise, the person who is the responsible person by

virtue of a notice in force under paragraph 1A.”

(3)
After paragraph 1 there is inserted—

“Appointment of responsible person by members association with no treasurer

1A  (1)
A members association which does not have a treasurer—

(a)
may appoint an individual to be the responsible person in

relation to the association by giving notice to the

Commission;

(b)
shall do so within the period of 30 days beginning with

the date on which the association—

(i)
accepts a controlled donation which is a

recordable donation for the purposes of

paragraph 10, or

(ii)
receives a controlled donation falling within

paragraph 6(1)(a) or (b),


if a notice under this sub-paragraph is not in force on that

date.

      (2)
A notice under sub-paragraph (1)—

(a)
must be signed on behalf of the members association;

(b)
must contain a statement signed by the individual to be

appointed as the responsible person confirming that the

individual is willing to be appointed.

      (3)
A notice under sub-paragraph (1) must state—

(a)
the name and address of the members association;

(b)
the full name of the individual to be appointed as the

responsible person;

(c)
the individual’s home address in the United Kingdom, or

(if there is no such home address) the individual’s home

address elsewhere.

5

      (4)
Subject to the following provisions of this paragraph, a notice

under sub-paragraph (1) (“the original notice”)—

(a)
shall be in force as from the date on which it is received

by the Commission, but

(b)
shall lapse at the end of the period of 12 months

beginning with that date unless the members association

or the responsible person gives the Commission a notice

(a “renewal notice”) that they both wish the original

notice to remain in force.

      (5)
A renewal notice—

(a)
has the effect of extending the validity of the original

notice for a further 12 months beginning with the time

when it would otherwise have lapsed (whether under

sub-paragraph (4)(b) or on the expiry of a previous

extension under this sub-paragraph);

(b)
must be received by the Commission during the period of

one month ending at that time.

      (6)
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

(3).


A renewal notice must be signed on behalf of the members

association and by the responsible person.

      (7)
The members association or the responsible person 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

(3).


A notice of alteration takes effect on the day on which it is

received by the Commission or (if later) on such date as may be

specified in the notice.

      (8)
A notice of alteration must be signed—

(a)
on behalf of the members association, and

(b)
by the responsible person or, in the case of a notice

substituting a different individual as the responsible

person, by that individual.

      (9)
A notice under sub-paragraph (1) that has been in force for at

least 12 months ceases to have effect on receipt by the

Commission of a notice terminating it (a “notice of

termination”)—

(a)
given by and signed on behalf of the members

association, or

(b)
given and signed by the responsible person.

6

    (10)
On receipt of a notice of termination given by the members

association or by the responsible person, the Commission must

inform the other party as soon as is reasonably practicable

(unless the notice was signed both on behalf of the members

association and by the responsible person).

    (11)
A reference in this paragraph to a notice being signed on behalf

of a members association is to the notice being signed by the

secretary of the association or by a person who acts in a similar

capacity in relation to the association.

    (12)
A notice under the Schedule 7A version of this paragraph also

has effect as a notice under this paragraph.


The “Schedule 7A version” of this paragraph means this

paragraph as it applies, in relation to controlled transactions, by

virtue of paragraph 1(7A) of Schedule 7A.

Offence of failing to comply with paragraph 1A

1B
A members association commits an offence if—

(a)
it is subject to the requirement in paragraph 1A(1)(b), and

(b)
without reasonable excuse it fails to comply with the

requirement.”

(4)
In paragraph 12 (offence of failing to deliver donation report), in sub-

paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the

words following paragraph (b) there is substituted—

“(a)
in the case of a regulated donee other than a members

association, the regulated donee is guilty of an offence;

(b)
in the case of a members association, the association and

the responsible person are guilty of an offence.”

(5)
In Schedule 20 to the 2000 Act the following entry is inserted at the

appropriate place—

“Paragraph 1B of Schedule 7
On summary conviction: Level

(failure by members association to
5”.”

comply with requirement to

appoint responsible person)

Clause 10
16
Page 10, line 5, leave out “, subject to sub-paragraph (5),”
17
Page 10, line 7, leave out “a notice to the Commission” and insert “the Commission

a notice (a “renewal notice”)”
18
Page 10, line 10, leave out from beginning to “must” and insert “A renewal notice—

(a)
has the effect of extending the validity of the original

notice for a further 12 months beginning with the time

when it would otherwise have lapsed (whether under

sub-paragraph (4)(b) or on the expiry of a previous

extension under this sub-paragraph);

(b)
must be received by the Commission during the period of

one month ending at that time.

7

      ( )
A renewal notice”
19
Page 10, leave out lines 19 to 21
20
Page 10, line 29, at end insert—


“A notice of alteration takes effect on the day on which it is

received by the Commission or (if later) on such date as may be

specified in the notice.”
21
Page 10, leave out lines 30 and 31 and insert—

  “( )
A notice of alteration must be signed—

(a)
by the office-holder, and

(b)
by the compliance officer or, in the case of a notice

substituting a different individual as the compliance

officer, by that individual.”
22
Page 10, line 34, leave out from “given” to end of line 39 and insert “and signed by

the office-holder or by the compliance officer.

  “( )
On receipt of a notice of termination given by the office-holder or

by the compliance officer, the Commission must inform the other

party as soon as is reasonably practicable (unless the notice was

signed both by the office-holder and by the compliance officer).”
After Clause 10
23
Insert the following new Clause—

“Control of loans etc to members associations: responsible persons

(1)
Schedule 7A to the 2000 Act (control of loans etc to members associations

etc) is amended as follows.

(2)
In paragraph 1 (operation and construction of Schedule)—

(a)
in sub-paragraph (7)(d), the words after “(in relation to a members

association)” are omitted;

(b)
after sub-paragraph (7) there is inserted—

“(7A)
Paragraphs 1A and 1B of Schedule 7 apply for the

purposes of this Schedule, in relation to controlled

transactions, as they apply for the purposes of that

Schedule in relation to controlled donations.

    (7B)
Paragraph 1A(1)(b) of Schedule 7, as it applies by virtue

of sub-paragraph (7A) above, has effect as if for sub-

paragraphs (i) and (ii) there were substituted—

“(i)
enters into a controlled transaction which is a

recordable transaction for the purposes of

paragraph 9 of Schedule 7A, or

(ii)
enters into a controlled transaction falling

within paragraph 5 or 6(1)(b) of that Schedule,”.

    (7C)
A notice under paragraph 1A of Schedule 7 also has effect

as a notice under the Schedule 7A version of that

paragraph.


The “Schedule 7A version” of paragraph 1A of Schedule

7 means that paragraph as it applies, in relation to