House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

8

controlled transactions, by virtue of sub-paragraph (7A)

above.”

(3)
In paragraph 12 (offence of failing to deliver transaction 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 participant other than a

members association, the regulated participant is guilty

of an offence;

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

the responsible person are guilty of an offence.”
24
Insert the following new Clause—

“Control of loans etc to holders of elective office: compliance officers

In Schedule 7A to the 2000 Act (control of loans etc to individuals etc), at

the end there is inserted—

“Compliance officers

18  (1)
This paragraph applies where a regulated participant who is the

holder of a relevant elective office (the “office-holder”) has given

a notice to the Commission under paragraph 17 of Schedule 7

appointing an individual as compliance officer for the office-

holder.

      (2)
Where the notice is for the time being in force—

(a)
any duty imposed on the office-holder under paragraph

9, 10, 11 or 13 may be discharged either by the office-

holder or by the compliance officer;

(b)
paragraph 12(1) and (2) applies to the compliance officer

as well as the office-holder (so that either or both of them

may be charged with an offence under paragraph 12(1) or

(2));

(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

transaction entered into by the office-holder at a time when the

notice was not in force.”
Clause 12
25
Page 12, line 8, leave out “donations” and insert “contributions”
26
Page 12, line 11, leave out “donations” insert “contributions”
27
Page 12, line 34, at end insert—

“( )
In section 62 of the Electoral Administration Act 2006 (c. 22) (regulation of

loans: power to make provision for candidates, third parties and

referendums), after subsection (3) there is inserted—

“(3A)
The provision that may be made by virtue of subsection (3)(e)

includes, in particular, provision amending paragraph 1 of

9

Schedule 19A to the 2000 Act (requirement for unincorporated

associations to notify Commission of political contributions over

£25,000) so that, in the case of a recognised third party or a

permitted participant in a referendum, a “political contribution”

includes a relevant matter.””
Clause 13
28
Page 13, line 36, at end insert—

“(4)
In section 155 of the 2000 Act (power to vary specified sums), after

subsection (2) there is inserted—

“(3)
Subsection (4) applies in relation to the sums specified in—

(a)
Part 4;

(b)
Part 4A;

(c)
Schedule 11;

(d)
Schedule 15;

(e)
Schedule 19A.

(4)
In each Parliament, other than a Parliament that is dissolved less

than two years after the date of its first sitting, the Secretary of State

must either—

(a)
make an order in pursuance of subsection (2)(a), or

(b)
lay before Parliament a statement setting out the Secretary

of State’s reasons for not doing so.”

(5)
The amendment made by subsection (4) does not apply in relation to the

Parliament during which this Act is passed.”
Clause 19
29
Page 19, line 10, at end insert—

“(aa)
where the previous MEP stood in the names of two or more

registered parties when elected (or most recently elected),

by a person jointly nominated by the nominating officers of

those parties;”
30
Page 19, line 11, after “(a)” insert “or (aa)”
Clause 20
31
Page 19, line 28, leave out from beginning to “subsection” in line 29 and insert—

“( )
Section 6 of the European Parliamentary Elections Act 2002 (c. 24)

(returning officers) is amended as follows.

( )
In subsection (2) (returning officer for electoral region in England etc), in

paragraph (a), after “the Representation of the People Act 1983 (c. 2)” there

is inserted “or is the proper officer of the Greater London Authority for the

purposes of section 35(2C) of that Act”.

( )
In”
32
Page 19, line 40, at end insert—

“( )
After subsection (8) there is inserted—

10

“(9)
Where functions are conferred on the proper officer of the Greater

London Authority under subsection (5) in relation to the London

electoral region, the Authority must place the services of its

employees at his disposal for the purpose of assisting him in the

discharge of those functions.””
Before Clause 21
33
Insert the following new Clause—

“Establishment of corporation sole to be CORE keeper

(1)
Part 1 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line

record of electors) is amended as follows.

(2)
In section 1 (CORE schemes: establishment), in subsection (10), for “must

be a public authority” there is substituted “must be—

(a)
a corporation sole established by an order under section 3A, or

(b)
some other public authority”.

(3)
After section 3 there is inserted—

“3A
Establishment of corporation sole to be CORE keeper

(1)
The Secretary of State may by order establish a corporation sole

(“the corporation”) with a view to its being designated by a CORE

scheme as the CORE keeper.

(2)
The Secretary of State may also by order establish a panel (“the

advisory panel”) to provide advice and support to the corporation.

(3)
An order under this section may make—

(a)
provision for and in connection with the appointment of—

(i)
the occupant of the corporation (“the office-holder”);

(ii)
directors of the corporation (including non-

executive directors);

(iii)
one or more deputies to the office-holder;

(iv)
other officers or members of staff of the corporation;

(v)
members of the advisory panel.

(b)
provision about the terms and conditions of appointment of

persons referred to in paragraph (a) (including provision

about how and by whom those terms and conditions are to

be determined and provision as to their approval);

(c)
provision about the payment to or in respect of persons

referred to in paragraph (a)(i) to (iv) of remuneration,

allowances, expenses, pensions, gratuities or compensation

for loss of employment;

(d)
provision about the payment of allowances and expenses to

members of the advisory panel;

(e)
provision about the acquisition and disposal by the

corporation, and in particular the transfer to the corporation

by the Secretary of State, of property, rights and liabilities;

(f)
provision about the transfer of staff to the corporation by the

Secretary of State;

11

(g)
provision about the functions of the corporation and of the

advisory panel, and about delegation of functions of the

office-holder;

(h)
provision requiring the corporation to consult the advisory

panel in relation to particular matters or in particular

circumstances;

(i)
provision about accounts and reports, including—

(i)
provision requiring accounts and reports of the

corporation to be laid before Parliament and

published;

(ii)
provision about auditing of accounts;

(j)
provision about the name of the corporation and of the

advisory panel;

(k)
incidental, supplementary, consequential or transitional

provision.

(4)
An order under this section may add such entries to—

(a)
the Table in paragraph 3 of Schedule 1 to the Public Records

Act 1958,

(b)
Schedule 2 to the Parliamentary Commissioner Act 1967,

(c)
Schedule 1 to the House of Commons Disqualification Act

1975, or

(d)
Schedule 1 to the Northern Ireland Assembly

Disqualification Act 1975,


as the Secretary of State considers appropriate in consequence of

the establishment of the corporation or the advisory panel.

(5)
The Secretary of State may make payments to the corporation of

such amounts, at such times and on such conditions (if any) as the

Secretary of State considers appropriate.

(6)
Neither the corporation nor any person referred to in subsection

(3)(a)(i) to (iv) nor the advisory panel is to be regarded as a servant

or agent of the Crown or as enjoying any status, immunity or

privilege of the Crown.”

(4)
In section 6 (CORE schemes: procedure)—

(a)
in subsection (1), after “section 1” there is inserted “or 3A”;

(b)
after subsection (5) there is inserted—

“(6)
An order under section 3A must not be made unless the

Secretary of State first consults—

(a)
the Electoral Commission;

(b)
the Information Commissioner.””
Clause 21
34
Page 19, line 43, at end insert—

“( )
At the end of subsection (3) there is inserted—


“Modifications under this subsection may, in particular, provide for

the supply of material by a CORE keeper to be subject to conditions

or restrictions which do not apply in the case of an ERO (or which

differ from those that apply in the case of an ERO).””
35
Page 19, line 43, at end insert—

12

“( )
After subsection (4) there is inserted—

“(4A)
A CORE scheme may amend section 3 of the Juries Act 1974

(electoral register as basis of jury selection)—

(a)
so as to require a CORE keeper to supply a designated

officer with any documents or information referred to in

that section (as it had effect immediately before the

establishment of the scheme), and to make provision as to

when the CORE keeper is to do so;

(b)
so as to require an ERO to supply a designated officer with

any such documents or information, but only when

requested to do so by the officer.


In this subsection “designated officer” means an officer designated

by the Lord Chancellor.””
36
Page 20, line 23, at end insert—

“( )
After that subsection there is inserted—

“(11A)
A CORE scheme may authorise the CORE keeper to supply

information to the Electoral Commission.””
After Clause 21
37
Insert the following new Clause—

“Voluntary provision of identifying information

(1)
In this section “identifying information”, in relation to a person, means—

(a)
the person’s signature or, if the person is someone to whom

subsection (2) applies, an indication to that effect;

(b)
the person’s date of birth;

(c)
the person’s national insurance number or, if the person has no

national insurance number, an indication to that effect.

(2)
This subsection applies to a person for whom it is not reasonably

practicable to sign in a consistent and distinctive way because he or she is

blind or has some other disability, or cannot read.

(3)
A registration officer, in carrying out his or her functions, including in

particular—

(a)
maintaining registers under section 9 of the 1983 Act,

(b)
conducting canvasses under section 10 of that Act, and

(c)
determining applications for registration under section 10A or 13A

of that Act,


must take steps to obtain identifying information from each person who is,

or who claims to be, entitled to be or to remain registered in any of the

officer’s registers.

(4)
The steps taken under subsection (3) to collect identifying information

must include—

(a)
asking for the information, and

(b)
explaining how collecting identifying information can help to

improve the accuracy of the registers,


but in taking those steps a registration officer must make clear that it is not

obligatory to provide the information.

13

(5)
A registration officer must keep a record showing the identifying

information obtained under this section.

(6)
The duties under this section do not apply at any time before 1 July 2010.”
38
Insert the following new Clause—

“Regulations amending or supplementing section (Voluntary provision of

identifying information)

(1)
The Secretary of State may by regulations—

(a)
amend subsection (1) or (2) of section (Voluntary provision of

identifying information);

(b)
make any other amendments to that section or this section that

appear to the Secretary of State to be necessary or desirable in

consequence of an amendment made by virtue of paragraph (a);

(c)
make provision supplementing that section.

(2)
The provision that may be made by virtue of subsection (1)(c) includes in

particular—

(a)
provision as to forms on which identifying information may be

provided;

(b)
provision as to explanations or other material to be provided by

registration officers, either on forms of the kind mentioned in

paragraph (a) or otherwise;

(c)
provision about the form and manner in which records under

section (Voluntary provision of identifying information)(5) are to be

kept;

(d)
provision for the disclosure by the authority responsible for

national insurance numbers (the “relevant authority”) to a

registration officer or CORE keeper, following a request by that

person, of—

(i)
the national insurance number recorded in respect of an

individual specified or described in the request, or the fact

that the individual is not recorded as having a national

insurance number, and

(ii)
in the case of such an individual recorded as having a

national insurance number, any further information about

the individual that is recorded by the relevant authority,


for the purpose of checking the accuracy of any information that

appears in a register or other record kept by a registration officer

(including a record under section (Voluntary provision of identifying

information)(5)) or checking a person’s entitlement to be registered

in a register;

(e)
provision authorising the relevant authority to charge fees to a

person making a request of the kind mentioned in paragraph (d) to

cover the authority’s reasonable expenses in complying with such

requests;

(f)
provision for the disclosure by a CORE keeper to a registration

officer, for the purpose mentioned in paragraph (d), of information

within sub-paragraph (i) or (ii) of that paragraph;

(g)
provision as to action to be taken by a registration officer who

suspects (whether as a result of checks of the kind referred to in

paragraph (d) or otherwise) that any information collected under

section (Voluntary provision of identifying information) is false.

14

(3)
Information obtained by a registration officer or CORE keeper under

regulations made by virtue of subsection (2)(d) or (f) may not be disclosed

by the officer or CORE keeper except—

(a)
for the purpose mentioned in subsection (2)(d), or

(b)
for the purposes of any criminal or civil proceedings,


or, in the case of information obtained by a registration officer, to a person

to whom the officer may delegate his or her functions.

(4)
A person who discloses information in breach of subsection (3) 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.

(5)
Regulations under this section may contain transitional or saving

provision.

(6)
The power to make regulations under this section is exercisable by

statutory instrument.

(7)
Before making regulations under this section, the Secretary of State—

(a)
must consult the Electoral Commission, and

(b)
in the case of regulations containing provision amending

subsection (1) or (2) of section (Voluntary provision of identifying

information), must seek the Commission’s views as to whether, if it

was obligatory for every registered person to provide identifying

information, the provision would help or hinder the achievement of

the registration objectives.

(8)
For the purposes of sections (Establishment of corporation sole to be CORE

keeper) to (Meaning of expressions relating to registration), the registration

objectives are to secure, so far as is reasonably practicable—

(a)
that persons who are entitled to be registered in a register are

registered in it,

(b)
that persons who are not entitled to be registered in a register are

not registered in it, and

(c)
that none of the information relating to a registered person that

appears in a register or other record kept by a registration officer is

false.

(9)
The first regulations under this section, and any subsequent ones that

amend section (Voluntary provision of identifying information) or this section,

may not be made unless a draft of the statutory instrument containing them

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

Parliament.

(10)
Any regulations under this section not falling within subsection (9) are

subject to annulment in pursuance of a resolution of either House of

Parliament.

(11)
In this section—