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Lord Bach moved Amendment No. 268:
- Page 116, line 5, at end insert--
On Question, amendment agreed to.
[Amendment No. 269 not moved.]
Lord Bach moved Amendment No. 270:
On Question, amendment agreed to.
Schedule 21 [Minor and consequential amendments]:
Lord Bach moved Amendment No. 271:
The noble Lord said: My Lords, in moving Amendment No. 271, I shall speak to Amendment No. 272. Amendment No. 271 is a minor drafting amendment to new Section 14(8) of the Local Government Act 1992 which was inserted by the Local Government Act 2000. In referring to Section 13(1) of the 1992 Act, new Section 14(8) omitted to take account of the changes made to Section 13 of the 1992 Act by the Bill.
Amendment No. 272 has more substance. Noble Lords will recall that Part II of the Local Government Act 2000 makes provision for new forms of local government, including directly elected mayors. Sections 44 and 45 of the 2000 Act confer regulation-making powers on the Secretary of State so that detailed provision may be made for the conduct of elections and referendums in respect of directly elected mayors. We have already provided in Clauses 6 and 7 of the Bill for the electoral commission to be closely involved whenever delegated powers are exercised in respect of parliamentary and other elections. The requirement to consult the commission on such matters should extend to elections and referendums held under Part II of the Local Government Act 2000.
Amendment No. 272 amends Sections 44 and 45 of that Act to this end. Noble Lords will note that the procedure for consulting the commission on the wording of a referendum question and on setting the spending limits in a referendum mirror the approach we have taken in respect of referendums conducted under Part VII of the Bill. I beg to move.
On Question, amendment agreed to.
Lord Bach moved Amendment No. 272:
("( ) section 17(1),").
Page 116, line 28, at end insert--
("( ) Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 18(6)).").
10 p.m.
Page 223, line 16, at end insert--
(" . In section 14(8) of that Act (changes that may be recommended), for "section 13(1) above" substitute "section 13(1A) above".").
Page 225, line 26, at end insert--
.--(1) The Local Government Act 2000 is amended as follows.
(2) In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert--
"(3A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.
(3B) In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.".
(3) In section 45 (conduct of referendums under the Act), after subsection (8) insert--
"(8A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to--
(a) provisions which specify the wording of the question to be asked in a referendum, or
(b) provisions for matters mentioned in subsection (8)(c).
(8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless--
(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and
(b) when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.
(8C) Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.
(8D) No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless--
(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and
(b) where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.".
(4) In section 45(9), after "(8)" insert "to (8C)".").
On Question, amendment agreed to.
Lord Bach moved Amendment No. 273:
On Question, amendment agreed to.
Clause 157 [General interpretation]:
Lord Bach moved Amendments Nos. 274 and 275:
On Question, amendments agreed to.
Clause 158 [Interpretation: donations]:
Lord Bassam of Brighton moved Amendment No. 276:
The noble Lord said: My Lords, I can be brief. The amendment adds a new subsection (6) to the interpretation clause relating to donations. The new subsection provides that for the purposes of the Bill it is immaterial whether a donation received by a registered party or other regulated donee is received in the United Kingdom or elsewhere. As a result of this provision, a registered party could not escape the provisions of Part IV by arranging for a donation to be paid into a foreign bank account. I beg to move.
On Question, amendment agreed to.
Lord Bach moved Amendment No. 277:
Page 226, line 41, column 3, at end insert--
("Section 4(2).")
Page 117, line 28, at end insert--
(""exempt trust donation" has the meaning given by section (Interpretation: exempt trust donations);").
Page 118, line 1, at end insert (", and "modify" shall be construed accordingly;").
Page 119, line 20, at end insert--
("(6) For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.").
After Clause 158, insert the following new clause--
(" .--(1) For the purposes of this Act "exempt trust donation" means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5).
(2) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--
(a) which was created before 27th July 1999,
(b) to which no property has been transferred on or after that date, and
(c) whose terms have not been varied on or after that date,
provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.
(3) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--
(a) which was created by--
(i) a person who was a permissible donor falling within section 52(2) at the time when the trust was created, or
(ii) the will of a person falling within section 52(3), and
(b) to which no property has been transferred otherwise than--
(i) by a person who was a permissible donor falling within section 52(2) at the time of the transfer, or
(ii) under the will of a person falling within section 52(3),
provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.
(4) For the purposes of subsection (3) "the relevant information" means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.
(5) A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.
(6) In this section--
(a) "donation" means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation occurs;
(b) "property", in the context of the transfer of property to a trust, does not include any income of the trust;
(c) "trust" includes a trust created by a will; and
(d) any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.").
On Question, amendment agreed to.
Schedule 23 [Transitional provisions]:
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