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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.

 

Clause 1

 

LORD BATES

 

LORD HENLEY

1Page 1, line 7, leave out from "and" to "securing" in line 8
 

Schedule 1

 

LORD BACH

 

LORD BATES

 

LORD HENLEY

2Page 24, line 24, leave out "or has been"
3Page 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"
 

LORD BATES

 

LORD HENLEY

4Page 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."
5Page 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)."
6Page 25, line 4, leave out from "within" to end and insert "28 days of that disclosure notice"
 

LORD BACH

7Page 25, leave out lines 15 and 16
 

LORD BATES

 

LORD HENLEY

8Page 26, line 2, leave out from "within" to end and insert "28 days of the receipt of that disclosure"
 

LORD BACH

9Page 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"
 

LORD BATES

 

LORD HENLEY

10Page 26, line 22, leave out "A county court" and insert "The High Court"
 

LORD BACH

11Page 26, line 22, leave out "disclosure" and insert "document-disclosure"
12Page 26, line 40, leave out "disclosure" and insert "document-disclosure"
13Page 27, line 1, leave out "disclosure" and insert "document-disclosure"
14Page 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)."
 

LORD BATES

 

LORD HENLEY

15Page 27, line 6, leave out "three months" and insert "42 days from the day on which they were seized"
16Page 27, line 8, leave out "three-month" and insert "42 day"
17Page 27, line 10, leave out "three-month period" and insert "42 days from the date on which they were seized"
18Page 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."
19Page 27, line 14, leave out "three-month" and insert "42 day"
20Page 27, line 25, leave out "three-month" and insert "42 day"
21Page 27, line 34, leave out "three-month" and insert "42 day"
22Page 27, line 46, leave out "three-month" and insert "42 day"
23Page 28, line 6, leave out "three-month" and insert "42 day"
 

LORD BACH

24Page 30, line 26, after "4" insert "or 4A"
25Page 31, line 7, after "4" insert "or 4A"
 

Clause 3

 

LORD BACH

26Page 3, line 8, leave out "or (4)" and insert ", (4) or (5)"
 

After Clause 3

 

LORD NORTON OF LOUTH

27Insert 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."."
 

Schedule 2

 

LORD BATES

 

LORD HENLEY

28Page 31, line 23, after "Commission" insert "in any case"
29Page 31, line 25, leave out "a prescribed" and insert "an"
30Page 31, line 27, leave out "prescribed"
31Page 31, line 29, after "Commission" insert "in any case"
32Page 31, line 32, leave out "a prescribed" and insert "an"
33Page 31, line 34, leave out "prescribed"
34Page 31, line 36, after "Commission" insert "in any case"
35Page 31, line 39, leave out "a prescribed" and insert "an"
36Page 32, line 2, leave out "prescribed"
37Page 32, line 4, after "Commission" insert "in any case"
38Page 32, line 7, leave out "a prescribed" and insert "an"
39Page 32, line 9, leave out "prescribed"
40Page 32, line 13, at end insert "within 28 days of receipt of the notice under paragraph 2(4)"
41Page 32, line 30, at end insert "within the period specified under paragraph 3(2)(a)"
42Page 32, line 35, at end insert "at any point during the period specified in paragraph 3(2)(b)"
43Page 32, line 39, after "shall" insert "promptly"
44Page 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)"
45Page 33, line 20, after first "the" insert "date of commencement of the 28 day"
46Page 33, line 22, after first "the" insert "date of commencement of the 28 day"
47Page 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."
48Page 34, line 7, after "Commission" insert "in any case"
49Page 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."
50Page 34, line 14, after "Commission" insert "in any case"
51Page 34, line 17, leave out "a prescribed" and insert "an"
52Page 34, line 19, leave out "prescribed"
53Page 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."
54Page 34, line 21, after "Commission" insert "in any case"
55Page 34, line 24, leave out "a prescribed" and insert "an"
56Page 34, line 26, leave out "prescribed"
57Page 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."
58Page 34, line 28, after "Commission" insert "in any case"
59Page 34, line 31, leave out "a prescribed" and insert "an"
60Page 34, line 33, leave out "prescribed"
61Page 36, leave out lines 28 and 29
62Page 37, line 10, after "may" insert "at any point during a period of 28 days from receipt of that notice"
63Page 37, line 22, after "Commission" insert "in any case"
64Page 37, line 31, leave out "a prescribed" and insert "an"
65Page 37, line 33, leave out "prescribed"
66Page 38, line 1, leave out "a prescribed" and insert "an"
67Page 38, line 3, leave out "prescribed"
68Page 39, line 15, after "applies" insert "in any case"
69Page 39, line 18, leave out "a prescribed" and insert "an"
70Page 39, line 21, leave out "prescribed"
71Page 40, leave out line 34
72Page 44, line 43, after "their" insert "reasonable"
73Page 45, line 1, leave out "might" and insert "would"
 

Clause 5

 

LORD TYLER

 

LORD RENNARD

74Page 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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©Parliamentary copyright 2009
28 April 2009