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House of Lords

Session 1999-2000 Internet Publications Other Bills before Parliament

Political Parties, Elections and Referendums Bill This is the text of the Political Parties, Elections and Referendums Bill, as passed by the House of Commons and introduced in the House of Lords on 16th March 2000.
	EXPLANATORY NOTES Explanatory Notes to the Bill, prepared by the Home Office, are published separately as HL Bill 48- EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Lord Bassam of Brighton has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Political Parties, Elections and Referendums Bill are compatible with the Convention rights.
	Political Parties, Elections and Referendums Bill
	ARRANGEMENT OF CLAUSES PART I THE ELECTORAL COMMISSION The Electoral Commission Clause   1. Establishment of the Electoral Commission. 2. Speaker's Committee. 3. Appointment of Electoral Commissioners and Commission chairman. Commission's general functions 4. Reports on elections and referendums. 5. Reviews of electoral and political matters. 6. Commission to be consulted on changes to electoral law. 7. Powers with respect to elections exercisable only on Commission recommendation. 8. Involvement of Commission in changes in electoral procedures. 9. Giving of advice and assistance. 10. Broadcasters to have regard to Commission's views on party political broadcasts. 11. Policy development grants. 12. Education about electoral and democratic systems. Commission's electoral boundary functions 13. Boundary committees. 14. Deputy Electoral Commissioners. 15. Boundary Commissions: transfer of functions. 16. Transfer of property etc. of the Boundary Commissions. 17. Local Government Commission for England. 18. Local Government Boundary Commission for Wales. Supplementary 19. Interpretation of Part I. PART II REGISTRATION OF POLITICAL PARTIES Requirement for registration 20. Parties to be registered in order to field candidates at elections. The register of political parties 21. The register. Preliminary requirements 22. Office-holders to be registered. 23. Financial structure of registered party: adoption of scheme. 24. Financial structure of registered party: accounting units. Registration 25. Registration of parties. 26. Emblems. 27. Changes to the register. 28. Confirmation of registered particulars etc. 29. Party ceasing to be registered. 30. Request by Secretary of State. Transitional arrangements 31. Financial structure of existing registered party. 32. Assistance by Commission for existing registered parties. Supplemental 33. Party political broadcasts. 34. Amendment of parliamentary elections rules. 35. False statements: offence. 36. Interpretation and application of Part II. PART III ACCOUNTING REQUIREMENTS FOR REGISTERED PARTIES Accounting records 37. Duty to keep accounting records. Statements of accounts 38. Annual statements of accounts. 39. Annual audits. 40. Supplementary provisions about auditors. 41. Submission of statements of accounts etc. to Commission. 42. Public inspection of parties' statements of accounts. 43. Criminal penalty for failure to submit proper statement of accounts. Revision of statements of accounts 44. Revision of defective statements of accounts. Parties with accounting units 45. Division of responsibilities in case of party with accounting units. PART IV CONTROL OF DONATIONS TO REGISTERED PARTIES AND THEIR MEMBERS ETC. CHAPTER I DONATIONS TO REGISTERED PARTIES 46. Donations for purposes of Part IV. 47. Payments, services etc. not to be regarded as donations. 48. Value of donations. CHAPTER II RESTRICTIONS ON DONATIONS TO REGISTERED PARTIES Permissible donations 49. Permissible donors. 50. Payments etc. which are (or are not) to be treated as donations by permissible donors. 51. Acceptance or return of donations: general. 52. Return of donations where donor unidentifiable. Forfeiture of certain donations 53. Forfeiture of donations made by impermissible or unidentifiable donors. 54. Appeal against order under section 53. 55. Supplementary provisions about orders under section 53. Evasion of restrictions on donations 56. Offences concerned with evasion of restrictions on donations. CHAPTER III REPORTING OF DONATIONS TO REGISTERED PARTIES Reports to be made by registered parties 57. Quarterly donation reports. 58. Weekly donation reports during general election periods. 59. Exemptions from section 58. 60. Submission of donation reports to Commission. 61. Declaration by treasurer in donation report. Extension of reporting requirements 62. Weekly donation reports in connection with elections other than general elections. Reports to be made by donors 63. Reporting of multiple small donations. Register of donations 64. Register of recordable donations. Power to make special provision 65. Special provision for Northern Ireland parties. CHAPTER IV CONTROL OF DONATIONS TO INDIVIDUALS AND MEMBERS ASSOCIATIONS 66. Control of donations to individuals and members associations. PART V CONTROL OF CAMPAIGN EXPENDITURE Preliminary 67. Campaign expenditure. 68. Notional campaign expenditure. 69. Officers of registered party with responsibility for campaign expenditure. General restrictions relating to campaign expenditure 70. Restriction on incurring campaign expenditure. 71. Restriction on payments in respect of campaign expenditure. 72. Restriction on making claims in respect of campaign expenditure. 73. Disputed claims. Financial limits 74. Limits on campaign expenditure. Returns 75. Returns as to campaign expenditure. 76. Auditor's report on return. 77. Submission of returns to the Commission. 78. Declaration by treasurer as to return under section 75. 79. Public inspection of returns under section 75. PART VI CONTROLS RELATING TO THIRD PARTY NATIONAL ELECTION CAMPAIGNS CHAPTER I PRELIMINARY Controlled expenditure by third parties 80. Controlled expenditure by third parties. 81. Notional controlled expenditure. 82. Expenditure by third parties which is not controlled expenditure. Recognised third parties 83. Third parties recognised for the purposes of this Part. 84. Register of notifications for purposes of section 83. CHAPTER II FINANCIAL CONTROLS General restrictions relating to controlled expenditure by recognised third parties 85. Restriction on incurring controlled expenditure. 86. Restriction on payments in respect of controlled expenditure. 87. Restriction on making claims in respect of controlled expenditure. 88. Disputed claims. Financial limits 89. Limits on controlled expenditure by third parties. Donations to recognised third parties 90. Control of donations to recognised third parties. Returns 91. Returns as to controlled expenditure. 92. Auditor's report on return. 93. Submission of returns to the Commission. 94. Declaration by responsible person as to return under section 91. 95. Public inspection of returns under section 91. CHAPTER III CONTROLS ON PUBLICATIONS 96. Publications promoting groups of candidates etc. to contain details of printer and publisher. PART VII REFERENDUMS CHAPTER 1 PRELIMINARY Referendums to which this Part applies 97. Referendums to which this Part applies. 98. Referendum period. 99. Date of poll. Permitted participants 100. Permitted participants. 101. Declarations and notifications for purposes of section 100. 102. Register of declarations and notifications for purposes of section 100. Assistance for designated organisations 103. Designation of organisations to whom assistance is available. 104. Applications for designation under section 103. 105. Assistance available to designated organisations. CHAPTER II FINANCIAL CONTROLS Referendum expenses 106. Referendum expenses. 107. Notional referendum expenses. General restrictions relating to referendum expenses incurred by permitted participants 108. Restriction on incurring referendum expenses. 109. Restriction on payments in respect of referendum expenses. 110. Restriction on making claims in respect of referendum expenses. 111. Disputed claims. Financial limits 112. General restriction on referendum expenses. 113. Special restrictions on referendum expenses by permitted participants. Donations to permitted participants 114. Control of donations to permitted participants. Returns 115. Returns as to referendum expenses. 116. Auditor's report on return. 117. Submission of returns to Commission. 118. Declaration of responsible person as to return under section 115. 119. Public inspection of returns under section 115. CHAPTER III CONTROLS ON PUBLICATIONS 120. Restriction on publication etc. of promotional material by central and local government etc. 121. Other publications to contain details of printer and publisher. 122. Referendum campaign broadcasts. CHAPTER IV CONDUCT OF REFERENDUMS 123. Chief Counting Officers, and counting officers, for referendums. 124. Orders regulating conduct of referendums. PART VIII ELECTION CAMPAIGNS AND PROCEEDINGS Control of donations to candidates 125. Control of donations to candidates. Control of candidates' election expenses 126. Financial limits applying to candidates' election expenses. 127. Meaning of "election expenses". 128. Meaning of "candidate". Corrupt and illegal practices 129. Corrupt and illegal practices: consequences for persons convicted of such practices. 130. Corrupt and illegal practices: election petitions etc. Miscellaneous amendments 131. Election campaigns and proceedings: miscellaneous amendments. PART IX POLITICAL DONATIONS AND EXPENDITURE BY COMPANIES Control of political donations 132. Control of political donations by companies. Disclosure of political donations and expenditure 133. Disclosure of political donations and expenditure in directors' report. PART X MISCELLANEOUS AND GENERAL Overseas electors 134. Reduction of qualifying period for overseas electors. Enforcement of Act 135. General function of Commission with respect to monitoring compliance with controls imposed by the Act etc. 136. Supervisory powers of Commission. 137. Civil penalty for failure to deliver documents etc. 138. General offences. Inspection of registers etc. 139. Inspection of Commission's registers etc. Provisions relating to offences 140. Punishment of offences. 141. Summary proceedings. 142. Offences committed by bodies corporate. 143. Offences committed by unincorporated associations. 144. Duty of court to report convictions to Commission. Variation of specified sums 145. Power to vary specified sums. Supplementary 146. Orders and regulations. 147. Documents for purposes of the Act. 148. Minor and consequential amendments, repeals and savings. 149. Financial provisions. 150. General interpretation. 151. Short title, commencement and extent.   SCHEDULES:     Schedule 1 - The Electoral Commission.     Schedule 2 - The Speaker's Committee.     Schedule 3 - Applications under Part II.     Part I - Application for registration.     Part II - Application for alteration of entry.     Part III - Application for removal of entry.     Schedule 4 - Accounting units: application of accounting requirements.     Schedule 5 - Details to be given in donation reports.     Schedule 6 - Control of donations to individuals and members associations.     Part I - Introductory.     Part II - Controls on donations.     Part III - Reporting of donations by regulated donees.     Part IV - Reporting of donations by donors.     Part V - Register of donations.     Schedule 7 - Campaign expenditure: qualifying expenses.     Part I - Direct expenses.     Part II - Overheads.     Part III - Supplemental.     Schedule 8 - Limits on campaign expenditure.     Part I - Introductory.     Part II - General limits.     Part III - Limits applying in special circumstances.     Part IV - Supplementary.     Schedule 9 - Limits on controlled expenditure.     Part I - Introductory.     Part II - General limits.     Part III - Limits applying in special circumstances.     Part IV - Supplementary.     Schedule 10 - Control of donations to recognised third parties.     Part I - Operation and interpretation of Schedule.     Part II - Controls on donations.     Part III - Reporting of donations.     Schedule 11 - Assistance available to designated organisations.     Schedule 12 - Referendum expenses: qualifying expenses.     Part I - Direct expenses.     Part II - Overheads.     Part III - Supplemental.     Schedule 13 - Limits on referendum expenses by permitted participants.     Schedule 14 - Control of donations to permitted participants.     Part I - Introductory.     Part II - Controls on donations.     Part III - Reporting of donations.     Schedule 15 - Control of donations to candidates: New Schedule 2A to the Representation of the People Act 1983.     Part I - Operation and interpretation of Schedule.     Part II - Controls on donations.     Part III - Reporting of donations.     Schedule 16 - Amendments relating to election petitions.     Schedule 17 - Election campaigns and proceedings: miscellaneous amendments.     Schedule 18 - Control of political donations by companies: new Part XA of Companies Act 1985.     Schedule 19 - Penalties.     Schedule 20 - Minor and consequential amendments.     Schedule 21 - Repeals.

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Prepared 17 March 2000

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