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| |
| | |
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| “(1ZA) | Provisions making a person who discloses information in |
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| breach of paragraph 1(6) guilty of an offence punishable— |
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| (a) | on conviction on indictment, by imprisonment for a |
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| term not exceeding two years or a fine, or both; |
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| (b) | on summary conviction in England and Wales and |
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| Scotland, by imprisonment for a term not exceeding 12 |
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| months or a fine not exceeding the statutory |
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| |
| (c) | on summary conviction in Northern Ireland, by |
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| imprisonment for a term not exceeding 6 months or a |
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| fine not exceeding the statutory maximum, or both.”” |
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41 | Insert the following new Clause— |
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| “Provision supplementing section (Obligatory provision of identifying |
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| |
| (1) | Where on the commencement of section (Obligatory provision of identifying |
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| information) a person is registered in a register maintained by a registration |
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| officer, the person’s name is not to be removed from the register by virtue |
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| of section 10A(5A) of that Act (canvass form not including required |
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| information, etc) until the conclusion of the third canvass to be concluded |
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| after the commencement of that section. |
|
| (2) | An order bringing section (Obligatory provision of identifying information) |
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| |
| (a) | repeal any provision of sections (Voluntary provision of identifying |
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| information), (Regulations amending or supplementing section |
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| (Voluntary provision of identifying information)) and (Report by |
|
| Electoral Commission on provision of identifying information); |
|
| (b) | make amendments to any enactment that are consequential on the |
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| coming into force of this section. |
|
| (3) | The Secretary of State may (either before, at the same time as or after section |
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| (Obligatory provision of identifying information) is brought into force) by |
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| |
| (a) | amend section 10(4A) or (4B), section 10A(1A) or (1B) or section |
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| 13A(2A) or (2B) of the 1983 Act; |
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| (b) | make any other amendments to the 1983 Act that appear to the |
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| Secretary of State to be necessary or desirable in consequence of an |
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| amendment made by virtue of paragraph (a). |
|
| (4) | Regulations under subsection (3)— |
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| (a) | may make different provision for different purposes or different |
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| |
| (b) | may make transitional or saving provision. |
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| (5) | The power to make regulations under subsection (3) is exercisable by |
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| |
| (6) | Before making regulations under subsection (3) the Secretary of State |
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| |
| (a) | consult the Electoral Commission, and |
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| (b) | in the case of regulations containing provision amending section |
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| 10(4A) or (4B), section 10A(1A) or (1B) or section 13A(2A) or (2B) of |
|
| the 1983 Act, seek the Commission’s views as to whether the |
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|
|
| |
| | |
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| provision would help or hinder the achievement of the registration |
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| |
| (7) | An order containing provision made by virtue of paragraph (b) of |
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| subsection (2), or regulations under subsection (3), may not be made unless |
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| a draft of the statutory instrument containing the order or regulations has |
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| been laid before, and approved by a resolution of, each House of |
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| |
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42 | Page 20, line 30, leave out subsection (2) and insert— |
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| “(2) | The purpose is assisting the registration officer to meet the registration |
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| objectives and, in particular, assisting the officer— |
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| (a) | to ascertain to what extent those objectives are being met, and |
|
| (b) | to determine what steps should be taken for meeting them.” |
|
43 | Page 21, leave out lines 12 to 14 and insert— |
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| “( ) | A person who discloses information in breach of subsection (7) is guilty of |
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| |
| (a) | on conviction on indictment, to imprisonment for a term not |
|
| exceeding two years, or to a fine, or to both; |
|
| (b) | on summary conviction in England and Wales and Scotland, to |
|
| imprisonment for a term not exceeding 12 months, or to a fine not |
|
| exceeding the statutory maximum, or to both; |
|
| (c) | on summary conviction in Northern Ireland, to imprisonment for a |
|
| term not exceeding 6 months, or to a fine not exceeding the |
|
| statutory maximum, or to both.” |
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44 | Page 21, leave out lines 21 to 23 |
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45 | Page 21, leave out lines 25 to 30 |
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|
46 | Page 22, line 21, leave out ““registration officer” and “scheme” mean the same” and |
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| insert ““scheme” has the same meaning” |
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|
47 | Insert the following new Clause— |
|
| “Meaning of expressions relating to registration |
|
| In sections (Establishment of corporation sole to be CORE keeper) to (Meaning of |
|
| expressions relating to registration) (except in section (Obligatory provision of |
|
| identifying information)— |
|
| “false”, in relation to a signature, means that the signature is not the |
|
| usual signature of, or was written by a person other than, the |
|
| person whose signature it purports to be; |
|
| “register”, in relation to a registration officer, means a register |
|
| maintained by that officer under section 9 of the 1983 Act; |
|
| “registered person” means a person registered in such a register; |
|
|
|
| |
| | |
|
| “registration objectives” has the meaning given by section (Regulations |
|
| amending or supplementing section (Voluntary provision of identifying |
|
| |
| “registration officer” has the same meaning as in the 1983 Act (see |
|
| section 8 of that Act) except that it does not include the Chief |
|
| Electoral Officer for Northern Ireland.” |
|
|
48 | Page 22, line 33, leave out from “reference” to “is” in line 34 and insert “in this Act |
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| to imprisonment for a term not exceeding 12 months (including any such reference |
|
| inserted in any other Act)” |
|
49 | Page 22, line 37, after “for” insert “a term not exceeding” |
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|
50 | Page 23, line 30, at end insert— |
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| “( ) | section (Report by Electoral Commission on provision of identifying |
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| |
|
51 | Page 24, line 24, leave out “or has been” |
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52 | Page 24, line 25, at end insert “has been at any time in the period of five years |
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| ending with the day on which the notice is given; or” |
|
53 | Page 25, leave out lines 15 and 16 |
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54 | Page 25, leave out lines 17 to 25 and insert— |
|
| “(2) | A justice of the peace may issue an inspection warrant in relation to |
|
| premises occupied by any such organisation or individual if satisfied, on |
|
| information on oath given by or on behalf of the Commission, that— |
|
| (a) | there are reasonable grounds for believing that on those premises |
|
| there are documents relating to the income and expenditure of |
|
| the organisation or individual, |
|
| (b) | the Commission need to inspect the documents for the purposes |
|
| of carrying out functions of the Commission other than |
|
| investigatory functions, and |
|
| (c) | permission to inspect the documents on the premises has been |
|
| requested by the Commission and has been unreasonably |
|
| |
| (3) | An inspection warrant is a warrant authorising a member of the |
|
| |
| (a) | at any reasonable time to enter the premises specified in the |
|
| |
| (b) | having entered the premises, to inspect any documents within |
|
| |
| (4) | An inspection warrant also authorises the person who executes the |
|
| warrant to be accompanied by any other persons who the Commission |
|
| consider are needed to assist in executing it. |
|
|
|
| |
| | |
|
| (5) | The person executing an inspection warrant must, if required to do so, |
|
| |
| |
| (b) | documentary evidence that the person is a member of the |
|
| |
| | for inspection by the occupier of the premises that are specified in the |
|
| warrant or by anyone acting on the occupier’s behalf. |
|
| (6) | An inspection warrant continues in force until the end of the period of |
|
| one month beginning with the day on which it is issued. |
|
| (7) | An inspection warrant may not be used for the purposes of carrying out |
|
| |
| (8) | In this paragraph “investigatory functions” means functions of |
|
| investigating suspected offences under this Act or suspected |
|
| contraventions of restrictions or requirements imposed by or by virtue |
|
| |
| (9) | In the application of this paragraph to Scotland— |
|
| (a) | a reference to a justice of the peace is to be read as a reference to |
|
| a justice of the peace or a sheriff; |
|
| (b) | a reference to information on oath is to be read as a reference to |
|
| |
55 | Page 26, leave out lines 15 to 18 |
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56 | Page 26, line 22, leave out “A county court or (in Scotland) a sheriff” and insert |
|
| “The High Court or (in Scotland) the Court of Session” |
|
57 | Page 26, line 22, leave out “disclosure” and insert “document-disclosure” |
|
58 | Page 26, line 40, leave out “disclosure” and insert “document-disclosure” |
|
59 | Page 27, line 1, leave out “disclosure” and insert “document-disclosure” |
|
60 | Page 27, line 3, at end insert— |
|
| “4A(1) | This paragraph applies where the Commission have given a notice |
|
| under paragraph 3 requiring any information or explanation to be |
|
| |
| (2) | The High Court or (in Scotland) the Court of Session may make an |
|
| information-disclosure order against a person (“the respondent”) if |
|
| satisfied on an application by the Commission that— |
|
| (a) | there are reasonable grounds to suspect that a person (whether or |
|
| not the respondent) has committed an offence under this Act or |
|
| has contravened (otherwise than by committing an offence) any |
|
| restriction or other requirement imposed by or by virtue of this |
|
| |
| (b) | there is any information or explanation referred to in the notice |
|
| |
| (i) | has not been provided as required by the notice (either |
|
| within the time specified in the notice for compliance or |
|
| |
| (ii) | is reasonably required by the Commission for the |
|
| purposes of investigating the offence or contravention |
|
| referred to in paragraph (a), and |
|
|
|
| |
| | |
|
| (iii) | the respondent is able to provide. |
|
| (3) | An information-disclosure order is an order requiring the respondent to |
|
| provide to the Commission, within such time as is specified in the order, |
|
| such information or explanation falling within sub-paragraph (2)(b) as is |
|
| |
| (4) | A person who fails to comply with an information-disclosure order may |
|
| not, in respect of that failure, be both punished for contempt of court and |
|
| convicted of an offence under paragraph 13(1).” |
|
61 | Page 28, leave out lines 30 to 34 |
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62 | Page 30, line 22, leave out “exercise their power” and insert “apply for a warrant” |
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63 | Page 30, line 26, after “4” insert “or 4A” |
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64 | Page 31, line 3, after “under” insert “a warrant issued under” |
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65 | Page 31, line 7, after “4” insert “or 4A” |
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|
66 | Page 46, line 20, leave out from beginning to “, the” in line 21 |
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67 | Page 46, line 26, leave out from first “a” to “by” in line 28 and insert “regulated |
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| |
68 | Page 46, leave out lines 41 and 42 |
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|
69 | Page 52, line 10, leave out “donations” and insert “contributions” |
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70 | Page 52, line 11, leave out “donations” and insert “political contributions” |
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71 | Page 52, line 14, leave out “donation” and insert “contribution” |
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72 | Page 52, line 15, leave out “donations” and insert “contributions” |
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73 | Page 52, line 17, leave out “donation” and insert “contribution” |
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74 | Page 52, line 18, leave out “donations” and insert “contributions” |
|
75 | Page 52, line 21, leave out “donation” and insert “contribution” |
|
76 | Page 52, leave out lines 22 to 26 and insert— |
|
| “(2) | An unincorporated association makes a “political contribution” in any of |
|
| |
| (a) | it makes a donation (within the meaning of Part 4) to a registered |
|
| |
| (b) | it makes a loan of money to a registered party, or discharges (to |
|
| any extent) a liability of a registered party, in pursuance of a |
|
| regulated transaction (within the meaning of Part 4A); |
|
| (c) | it makes a donation (within the meaning of Schedule 7) to a |
|
| |
| (d) | it makes a loan of money to a regulated donee, or discharges (to |
|
| any extent) a liability of a regulated donee, in pursuance of a |
|
| controlled transaction (within the meaning of Schedule 7A); |
|
|
|
| |
| | |
|
| (e) | it makes a donation (within the meaning of Schedule 11) to a |
|
| |
| (f) | it makes a donation (within the meaning of Schedule 15) to a |
|
| |
77 | Page 52, line 27, leave out “donation” and insert “contribution” |
|
78 | Page 52, line 28, leave out “donation” and insert “contribution” |
|
79 | Page 52, leave out lines 30 to 38 |
|
80 | Page 53, line 14, at end insert— |
|
| “(e) | the value of a contribution within sub-paragraph (2)(b) or (d) is |
|
| the amount of money lent or liability discharged.” |
|
81 | Page 53, line 15, after “donation” insert “, or a sum of money lent,” |
|
82 | Page 53, line 15, leave out “it” and insert “the donation or loan” |
|
83 | Page 53, line 19, leave out “donation” and insert “political contribution” |
|
84 | Page 53, line 23, leave out first “donation” and insert “contribution” |
|
85 | Page 53, line 23, leave out second “donation” and insert “contribution” |
|
86 | Page 53, line 27, leave out “donation” and insert “contribution” |
|
87 | Page 53, line 33, leave out “donation” and insert “contribution” |
|
88 | Page 53, line 35, leave out “donation” and insert “contribution” |
|
89 | Page 53, line 40, leave out “donation” and insert “contribution” |
|
90 | Page 53, line 44, leave out “donation” and insert “contribution” |
|
91 | Page 54, line 2, leave out “donation” and insert “contribution” |
|
92 | Page 57, line 39, at end insert— |
|
| “( ) | lends money to another otherwise than on commercial terms;” |
|
|
93 | Page 59, line 2, at end insert— |
|
| “( ) | In rule 9 (deposit), in paragraph (3), for “rule 6(1)” there is substituted |
|
| |
| ( ) | In rule 14 (publication of statement of persons nominated), in paragraph |
|
| (2), after “nomination papers” there is inserted “and home address |
|
| |
94 | Page 59, line 9, leave out “forms, in” and insert “forms— |
|
| |
95 | Page 59, line 11, at end insert— |
|
| “(b) | in the Form of Front of Ballot Paper, for the address after |
|
| “Richard Edgbaston” there is substituted— |
|
| “(address in the Birmingham |
| | | | Northfield Constituency)”; |
| | |
|
|
|
| |
| | |
|
| (c) | in the directions as to printing the ballot paper, in paragraph 3(b), |
|
| after “address” there is inserted “(or the constituency in which |
|
| that address is situated)”.” |
|
|
96 | Page 62, line 4, leave out “In section 10A(2)” and insert— |
|
| | “In section 10ZB, in the heading, the words |
| | | | | | | | | | | | | | | (a) | in subsection (1A), the words “in respect |
| | | | | of an address in Northern Ireland”; |
| | | | | | | |
|
97 | Page 62, line 5, at end insert— |
|
| | In section 13A(2A), the words “in respect of an |
| | | | | address in Northern Ireland”.” |
| | |
|
98 | Page 62, line 15, at end insert— |
|
| | “In Schedule 2, paragraph 1(8).” |
| | |
|
99 | Page 62, line 16, column 2, at beginning insert— |
|
| | | | | | | (a) | in subsection (1), paragraphs (b) and (c); |
| | | | | (b) | in subsection (1A), paragraph (b) and the |
| | | | | | | | | | (c) | in subsection (2), the words “or (b)”; |
| | | | | (d) | in subsection (3), the words “, or to local |
| | | | | government,” and the words after “in |
| | | | | | | | | | (e) | in subsection (7), the words “, or to local |
| | | | | | | |
|
100 | Page 62, line 16, column 2, at beginning insert— |
|
| | “In section 47, subsections (2) and (3).” |
| | |
|
101 | Page 62, line 17, at end insert— |
|
|
|