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Political Parties and Elections Bill


SECOND
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.

 

Schedule 2

 

LORD BATES

 

LORD HENLEY

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"
60APage 35, line 41, after "shall" insert "promptly"
60BPage 35, line 44, leave out from "requirement" to end of line 7 on page 36 and insert "at any point within 28 days of receipt of the notice under paragraph 6(5)."
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."
 

Clause 7

 

LORD BACH

75Page 5, line 30, at end insert—
"(aa)  in relation to appointment to a post on the staff of the Commission that is designated by a notice in force under paragraph 11B, the period (immediately preceding the appointment) specified by the notice;"
 

LORD HODGSON OF ASTLEY ABBOTTS

76Page 5, line 32, leave out "12" and insert "36"
 

LORD BACH

77Page 5, line 41, at end insert—
"11B(1)  The chief executive of the Commission may by giving notice to the Speaker's Committee—
(a)  designate a particular post on the staff of the Commission, and
(b)  specify as the relevant period for that post, for the purposes of paragraph 11A(2)(aa), a period of two years or more,
  if the chief executive reasonably believes that it is necessary to do so in order to maintain public confidence in the effectiveness of the Commission in carrying out any of its functions.
(2)  The period specified under sub-paragraph (1)(b) may not be more than five years.
(3)  In deciding what that period should be, the chief executive of the Commission shall take into account—
(a)  the level of seniority of the post;
(b)  how likely it is that any holder of the post will be required to deal with politically sensitive matters.
(4)  Each notice under sub-paragraph (1) must relate to only one post.
(5)  A notice under sub-paragraph (1)—
(a)  has effect from the day on which it is received by the Speaker's Committee, and
(b)  (subject to sub-paragraphs (6) and (7)) expires at the end of the period of three years beginning with that day.
(6)  Sub-paragraph (5)(b) does not prevent a further notice being given under sub-paragraph (1) in relation to the post in question, either—
(a)  before the previous notice would have expired, or
(b)  at any time after the expiry of the previous notice.
  A further notice received by the Speaker's Committee before the previous notice would have expired supersedes the previous notice.
(7)  If the chief executive of the Commission gives notice (a "cancellation notice") to the Speaker's Committee cancelling a notice under sub-paragraph (1), the notice under that sub-paragraph ceases to have effect—
(a)  on the day on which the cancellation notice is received by the Speaker's Committee, or
(b)  (if later) on such date as may be specified in the cancellation notice.
(8)  Before giving a notice under this paragraph the chief executive of the Commission shall consult the Speaker's Committee.
(9)  The Commission shall publish, in such manner as they consider appropriate, information setting out the effect of all notices under sub-paragraph (1) that are in force at any particular time.""
78Page 5, line 41, at end insert—
"(   )  The amendment made by subsection (2) does not apply to the appointment of a person—
(a)  to assist the Boundary Committee for England in the performance of its functions,
(b)  to assist the Commission in carrying out functions transferred to them by an order under section 18(1) of the 2000 Act (transfer of functions of Local Government Commission for England), or
(c)  to perform duties including either or both of those."
 

After Clause 7

 

LORD NORTON OF LOUTH

79Insert the following new Clause—
  "Reports of Electoral Commission
(1)  Where the Electoral Commission makes a report to the Secretary of State under the provisions of section 6 of the 2000 Act, the Secretary of State shall respond in writing within a period of six months from the day of the publication of the report.
(2)  If for any reason the Secretary of State is unable to respond within the period stipulated in subsection (1), he shall inform the Electoral Commission of that fact, and the reasons for it, no later than the day on which the response was due."
 

Clause 8

 

LORD BACH

80Page 6, line 6, leave out from "£7,500," to "the" in line 7
 

LORD BATES

 

LORD HENLEY

81Page 6, line 7, leave out "£1,500" and insert "£3,000"
 

LORD CAMPBELL-SAVOURS

 

LORD TYLER

 

LORD RENNARD

82Page 6, line 8, at end insert—
"(1A)  In section 54 of the 2000 Act (permissible donors), in subsection (2)(a) after "register" there is inserted "who is resident in the United Kingdom for the purposes of Part 14 of the Income Tax Act 2007 and is not a non-domiciled United Kingdom resident"."
 

LORD BATES

 

LORD HENLEY

83Page 6, line 16, leave out "best of the individual's" and insert "individual's reasonable"
 

LORD CAMPBELL-SAVOURS

 

LORD TYLER

 

LORD RENNARD

84Page 6, line 31, at end insert—
"(3A)  A declaration under this section must also state that the person P is resident in the United Kingdom for the purposes of Part 14 of the Income Tax Act 2007 and is not a non-domiciled United Kingdom resident."
 

LORD BATES

 

LORD HENLEY

 

LORD BACH

85Page 6, leave out lines 37 to 40
 

LORD BATES

 

LORD HENLEY

86Page 6, line 39, leave out ""£1,500"" and insert ""£3,000""
87Page 6, line 41, leave out "or recklessly"
88Page 6, line 42, at end insert—
"(   )  A person does not commit an offence if it can be reasonably proven that the person had no intention of making, or by innocent mistake made, a false declaration under this section."
 

After Clause 8

 

LORD TYLER

 

LORD RENNARD

89Insert the following new Clause—
  "Donations by companies controlled by impermissible donors
(1)  A donation from a company controlled by an impermissible donor shall itself count as not permissible for the purposes of the 2000 Act.
(2)  A company shall count as controlled by an impermissible donor when—
(a)  an impermissible donor, or any combination of impermissible donors, owns 75 per cent or more of the voting shares in the company;
(b)  an impermissible donor acts as a shadow director of the company; or
(c)  a majority of the board of directors of the company are impermissible donors.
(3)  "Impermissible donor" means—
(a)  a donor who is not a permissible donor under the 2000 Act; or
(b)  a company controlled by an impermissible donor.
(4)  "Shadow director" has the same meaning as it has in section 251 of the Companies Act 2006."
90Insert the following new Clause—
  "Non-electors to be impermissible donor
(1)  For the purposes of the 2000 Act, a person who is not qualified to vote at—
(a)  parliamentary elections,
(b)  local elections, and
(c)  European elections,
 shall not count as a permissible donor.
(2)  A company controlled by a person who is not a permissible donor by virtue of subsection (1) shall also not count as a permissible donor for the purposes of the 2000 Act.
(3)  A company shall count as controlled by a person in the same circumstances as those set out in section (Donations by companies controlled by impermissible donors) (2)(a) to (c)."

 
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©Parliamentary copyright 2009
30 April 2009