Political Parties and Elections Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 1st April 2009, as follows—
Clauses 1 and 2
Schedule 1
Clause 3
Schedule 2
Clauses 4 to 8
Schedule 3 | Clauses 9 to 12
Schedule 4
Clauses 13 to 25
Schedules 5 and 6
Clauses 26 to 30 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 7, leave out from "and" to "securing" in line 8 |
| 2 | Page 24, line 24, leave out "or has been" |
| 3 | 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" |
| 4 | Page 24, line 26, at end insert— |
| "(2A) | A disclosure notice must be served on the individual specified in sub-paragraph (2) by hand by a person specifically authorised by the Commission to affect the service of such notices." |
| 5 | Page 25, line 2, at end insert— |
| "(3A) | A person served with a disclosure notice under paragraph 2 may appeal to the Commission in writing within 14 days of receipt of service under sub-paragraph (2A)." |
| 6 | Page 25, line 4, leave out from "within" to end and insert "28 days of that disclosure notice" |
| 7 | Page 25, leave out lines 15 and 16 |
| 8 | Page 26, line 2, leave out from "within" to end and insert "28 days of the receipt of that disclosure" |
| 9 | 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" |
| 10 | Page 26, line 22, leave out "A county court" and insert "The High Court" |
| 11 | Page 26, line 22, leave out "disclosure" and insert "document-disclosure" |
| 12 | Page 26, line 40, leave out "disclosure" and insert "document-disclosure" |
| 13 | Page 27, line 1, leave out "disclosure" and insert "document-disclosure" |
| 14 | 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 |
| (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)." |
| 15 | Page 27, line 6, leave out "three months" and insert "42 days from the day on which they were seized" |
| 16 | Page 27, line 8, leave out "three-month" and insert "42 day" |
| 17 | Page 27, line 10, leave out "three-month period" and insert "42 days from the date on which they were seized" |
| 18 | Page 27, line 13, at end insert— |
| "(2A) | The Commission may apply to the magistrates' court to extend this 42 day period by a further 14 days where they can prove on reasonable grounds that the continued retention of such documents is vital to the ongoing investigation into offences under this Act which involve in excess of £10,000." |
| 19 | Page 27, line 14, leave out "three-month" and insert "42 day" |
| 20 | Page 27, line 25, leave out "three-month" and insert "42 day" |
| 21 | Page 27, line 34, leave out "three-month" and insert "42 day" |
| 22 | Page 27, line 46, leave out "three-month" and insert "42 day" |
| 23 | Page 28, line 6, leave out "three-month" and insert "42 day" |
| 24 | Page 30, line 26, after "4" insert "or 4A" |
| 25 | Page 31, line 7, after "4" insert "or 4A" |
| 26 | Page 3, line 8, leave out "or (4)" and insert ", (4) or (5)" |
| 27 | Insert the following new Clause— |
| | "Education about electoral systems |
| (1) | In section 13(1) of the 2000 Act (education about electoral and democratic systems), paragraphs (b) and (c) are omitted. |
| (2) | For section 13(3) there is substituted— |
| "(3) | Subsection (1) does not apply in relation to local government elections in Scotland."." |
| 28 | Page 31, line 23, after "Commission" insert "in any case" |
| 29 | Page 31, line 25, leave out "a prescribed" and insert "an" |
| 30 | Page 31, line 27, leave out "prescribed" |
| 31 | Page 31, line 29, after "Commission" insert "in any case" |
| 32 | Page 31, line 32, leave out "a prescribed" and insert "an" |
| 33 | Page 31, line 34, leave out "prescribed" |
| 34 | Page 31, line 36, after "Commission" insert "in any case" |
| 35 | Page 31, line 39, leave out "a prescribed" and insert "an" |
| 36 | Page 32, line 2, leave out "prescribed" |
| 37 | Page 32, line 4, after "Commission" insert "in any case" |
| 38 | Page 32, line 7, leave out "a prescribed" and insert "an" |
| 39 | Page 32, line 9, leave out "prescribed" |
| 40 | Page 32, line 13, at end insert "within 28 days of receipt of the notice under paragraph 2(4)" |
| 41 | Page 32, line 30, at end insert "within the period specified under paragraph 3(2)(a)" |
| 42 | Page 32, line 35, at end insert "at any point during the period specified in paragraph 3(2)(b)" |
| 43 | Page 32, line 39, after "shall" insert "promptly" |
| 44 | Page 33, line 2, leave out from "penalty" to end of line 7 and insert "at any point within 28 days of receipt of the notice under paragraph 2(4)" |
| 45 | Page 33, line 20, after first "the" insert "date of commencement of the 28 day" |
| 46 | Page 33, line 22, after first "the" insert "date of commencement of the 28 day" |
| 47 | Page 34, line 7, leave out sub-paragraph (1) and insert— |
| "( ) | The Commission may impose one or more discretionary requirements on a person— |
| (a) | if satisfied beyond reasonable doubt that the person— |
| (i) | has committed an offence under this Act, or |
| (ii) | has (otherwise than by committing an offence under this Act) contravened a restriction or requirement imposed by or by virtue of this Act, or |
| (b) | with the express agreement of the person concerned." |
| 48 | Page 34, line 7, after "Commission" insert "in any case" |
| 49 | Page 34, line 14, leave out sub-paragraph (2) and insert— |
| "( ) | The Commission may impose one or more discretionary requirements on a registered party— |
| (a) | if satisfied beyond reasonable doubt that a person holding office within that party— |
| (i) | has committed an offence under this Act, or |
| (ii) | has (otherwise than by committing an offence under this Act) contravened a restriction or requirement imposed by or by virtue of this Act, or |
| (b) | with the express agreement of the registered party concerned." |
| 50 | Page 34, line 14, after "Commission" insert "in any case" |
| 51 | Page 34, line 17, leave out "a prescribed" and insert "an" |
| 52 | Page 34, line 19, leave out "prescribed" |
| 53 | Page 34, line 21, leave out sub-paragraph (3) and insert— |
| "( ) | The Commission may impose one or more discretionary requirements on a recognized third party— |
| (a) | if satisfied beyond reasonable doubt that the responsible person— |
| (i) | has committed an offence under this Act, or |
| (ii) | has (otherwise than by committing an offence under this Act) contravened a restriction or requirement imposed by or by virtue of this Act, or |
| (b) | with the express agreement of the recognized third party concerned." |
| 54 | Page 34, line 21, after "Commission" insert "in any case" |
| 55 | Page 34, line 24, leave out "a prescribed" and insert "an" |
| 56 | Page 34, line 26, leave out "prescribed" |
| 57 | Page 34, line 28, leave out sub-paragraph (4) and insert— |
| "( ) | The Commission may impose one or more discretionary requirements on a permitted participant— |
| (a) | if satisfied beyond reasonable doubt that the responsible person— |
| (i) | has committed an offence under this Act, or |
| (ii) | has (otherwise than by committing an offence under this Act) contravened a restriction or requirement imposed by or by virtue of this Act, or |
| (b) | with the express agreement of the permitted participant concerned." |
| 58 | Page 34, line 28, after "Commission" insert "in any case" |
| 59 | Page 34, line 31, leave out "a prescribed" and insert "an" |
| 60 | Page 34, line 33, leave out "prescribed" |
| 61 | Page 36, leave out lines 28 and 29 |
| 62 | Page 37, line 10, after "may" insert "at any point during a period of 28 days from receipt of that notice" |
| 63 | Page 37, line 22, after "Commission" insert "in any case" |
| 64 | Page 37, line 31, leave out "a prescribed" and insert "an" |
| 65 | Page 37, line 33, leave out "prescribed" |
| 66 | Page 38, line 1, leave out "a prescribed" and insert "an" |
| 67 | Page 38, line 3, leave out "prescribed" |
| 68 | Page 39, line 15, after "applies" insert "in any case" |
| 69 | Page 39, line 18, leave out "a prescribed" and insert "an" |
| 70 | Page 39, line 21, leave out "prescribed" |
| 71 | Page 40, leave out line 34 |
| 72 | Page 44, line 43, after "their" insert "reasonable" |
| 73 | Page 45, line 1, leave out "might" and insert "would" |
| 74 | Page 4, line 12, at end insert— |
| "( ) | In making a nomination under subsection (3), registered party leaders must— |
| (a) | ensure that the nominated person has relevant experience in the conduct of elections and the organisation of political parties; and |
| (b) | have regard to the desirability for the overall composition of the Commission to benefit from diverse representation." |
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