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20

 
 

 “(1ZA)  

Provisions making a person who discloses information in

 

breach of paragraph 1(6) guilty of an offence punishable—

 

(a)    

on conviction on indictment, by imprisonment for a

 

term not exceeding two years or a fine, or both;

 

(b)    

on summary conviction in England and Wales and

 

Scotland, by imprisonment for a term not exceeding 12

 

months or a fine not exceeding the statutory

 

maximum, or both;

 

(c)    

on summary conviction in Northern Ireland, by

 

imprisonment for a term not exceeding 6 months or a

 

fine not exceeding the statutory maximum, or both.””

41

Insert the following new Clause—

 

“Provision supplementing section (Obligatory provision of identifying

 

information)

 

(1)    

Where on the commencement of section (Obligatory provision of identifying

 

information) a person is registered in a register maintained by a registration

 

officer, the person’s name is not to be removed from the register by virtue

 

of section 10A(5A) of that Act (canvass form not including required

 

information, etc) until the conclusion of the third canvass to be concluded

 

after the commencement of that section.

 

(2)    

An order bringing section (Obligatory provision of identifying information)

 

into force may—

 

(a)    

repeal any provision of sections (Voluntary provision of identifying

 

information), (Regulations amending or supplementing section

 

(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

 

coming into force of this section.

 

(3)    

The Secretary of State may (either before, at the same time as or after section

 

(Obligatory provision of identifying information) is brought into force) by

 

regulations—

 

(a)    

amend section 10(4A) or (4B), section 10A(1A) or (1B) or section

 

13A(2A) or (2B) of the 1983 Act;

 

(b)    

make any other amendments to the 1983 Act that appear to the

 

Secretary of State to be necessary or desirable in consequence of an

 

amendment made by virtue of paragraph (a).

 

(4)    

Regulations under subsection (3)—

 

(a)    

may make different provision for different purposes or different

 

areas;

 

(b)    

may make transitional or saving provision.

 

(5)    

The power to make regulations under subsection (3) is exercisable by

 

statutory instrument.

 

(6)    

Before making regulations under subsection (3) the Secretary of State

 

must—

 

(a)    

consult the Electoral Commission, and

 

(b)    

in the case of regulations containing provision amending section

 

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


 
 

21

 
 

provision would help or hinder the achievement of the registration

 

objectives.

 

(7)    

An order containing provision made by virtue of paragraph (b) of

 

subsection (2), or regulations under subsection (3), may not be made unless

 

a draft of the statutory instrument containing the order or regulations has

 

been laid before, and approved by a resolution of, each House of

 

Parliament.”

Clause 22

42

Page 20, line 30, leave out subsection (2) and insert—

 

“(2)    

The purpose is assisting the registration officer to meet the registration

 

objectives and, in particular, assisting the officer—

 

(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—

 

“( )    

A person who discloses information in breach of subsection (7) is guilty of

 

an offence and liable—

 

(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.”

44

Page 21, leave out lines 21 to 23

45

Page 21, leave out lines 25 to 30

Clause 23

46

Page 22, line 21, leave out ““registration officer” and “scheme” mean the same” and

 

insert ““scheme” has the same meaning”

After Clause 23

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;


 
 

22

 
 

“registration objectives” has the meaning given by section (Regulations

 

amending or supplementing section (Voluntary provision of identifying

 

information))(6);

 

“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.”

Clause 26

48

Page 22, line 33, leave out from “reference” to “is” in line 34 and insert “in this Act

 

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”

Clause 29

50

Page 23, line 30, at end insert—

 

“( )    

section (Report by Electoral Commission on provision of identifying

 

information)(6),”

Schedule 1

51

Page 24, line 24, leave out “or has been”

52

Page 24, line 25, at end insert “has been at any time in the period of five years

 

ending with the day on which the notice is given; or”

53

Page 25, leave out lines 15 and 16

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

 

refused.

 

      (3)  

An inspection warrant is a warrant authorising a member of the

 

Commission’s staff—

 

(a)    

at any reasonable time to enter the premises specified in the

 

warrant, and

 

(b)    

having entered the premises, to inspect any documents within

 

sub-paragraph (2)(a).

 

      (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.


 
 

23

 
 

      (5)  

The person executing an inspection warrant must, if required to do so,

 

produce—

 

(a)    

the warrant, and

 

(b)    

documentary evidence that the person is a member of the

 

Commission’s staff,

 

            

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

 

investigatory functions.

 

      (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

 

of this Act.

 

      (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

 

evidence on oath.”

55

Page 26, leave out lines 15 to 18

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

 

provided.

 

      (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

 

Act, and

 

(b)    

there is any information or explanation referred to in the notice

 

under paragraph 3 which—

 

(i)    

has not been provided as required by the notice (either

 

within the time specified in the notice for compliance or

 

subsequently),

 

(ii)    

is reasonably required by the Commission for the

 

purposes of investigating the offence or contravention

 

referred to in paragraph (a), and


 
 

24

 
 

(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

 

identified in the order.

 

      (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

62

Page 30, line 22, leave out “exercise their power” and insert “apply for a warrant”

63

Page 30, line 26, after “4” insert “or 4A”

64

Page 31, line 3, after “under” insert “a warrant issued under”

65

Page 31, line 7, after “4” insert “or 4A”

Schedule 3

66

Page 46, line 20, leave out from beginning to “, the” in line 21

67

Page 46, line 26, leave out from first “a” to “by” in line 28 and insert “regulated

 

donee”

68

Page 46, leave out lines 41 and 42

Schedule 4

69

Page 52, line 10, leave out “donations” and insert “contributions

70

Page 52, line 11, leave out “donations” and insert “political contributions

71

Page 52, line 14, leave out “donation” and insert “contribution”

72

Page 52, line 15, leave out “donations” and insert “contributions”

73

Page 52, line 17, leave out “donation” and insert “contribution”

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

 

the following cases—

 

(a)    

it makes a donation (within the meaning of Part 4) to a registered

 

party;

 

(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

 

regulated donee;

 

(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);


 
 

25

 
 

(e)    

it makes a donation (within the meaning of Schedule 11) to a

 

recognised third party;

 

(f)    

it makes a donation (within the meaning of Schedule 15) to a

 

permitted participant.”

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;”

Schedule 5

93

Page 59, line 2, at end insert—

 

    “( )  

In rule 9 (deposit), in paragraph (3), for “rule 6(1)” there is substituted

 

“rule 6(4)”.

 

    ( )  

In rule 14 (publication of statement of persons nominated), in paragraph

 

(2), after “nomination papers” there is inserted “and home address

 

forms”.”

94

Page 59, line 9, leave out “forms, in” and insert “forms—

 

(a)    

in”

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)”;

 

 
 

26

 
 

(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)”.”

Schedule 6

96

Page 62, line 4, leave out “In section 10A(2)” and insert—

  

“In section 10ZB, in the heading, the words

 
  

“(Northern Ireland)”.

 
  

In section 10A—

 
  

(a)    

in subsection (1A), the words “in respect

 
  

of an address in Northern Ireland”;

 
  

(b)    

in subsection (2)”

 

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—

  

“In section 13—

 
  

(a)    

in subsection (1), paragraphs (b) and (c);

 
  

(b)    

in subsection (1A), paragraph (b) and the

 
  

preceding “and”;

 
  

(c)    

in subsection (2), the words “or (b)”;

 
  

(d)    

in subsection (3), the words “, or to local

 
  

government,” and the words after “in

 
  

Scotland”;

 
  

(e)    

in subsection (7), the words “, or to local

 
  

government,”.”

 

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—

  

“Section 65(5).

 
  

Section 71S(6).”

 

 
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