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Political Parties and Elections Bill


THIRD
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 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.

 

After Clause 9

 

LORD BACH

97Insert the following new Clause—
  ""Reasonable excuse" in relation to certain offences under the 2000 Act
(1)  The 2000 Act is amended as follows.
(2)  In section 47 (failure by registered party to submit proper statement of accounts to Commission)—
(a)  in paragraph (a) of subsection (1), after "are" there is inserted ", without reasonable excuse,";
(b)  in paragraph (b) of that subsection, after "is" there is inserted ", without reasonable excuse,";
(c)  subsections (2) and (3) are omitted.
(3)  In section 65 (submission of donation reports to Commission)—
(a)  in subsections (3) and (4), after "commits an offence if" there is inserted ", without reasonable excuse,";
(b)  subsection (5) is omitted.
(4)  In section 71S (submission of transaction reports to Commission)—
(a)  in subsections (4) and (5), after "commits an offence if" there is inserted ", without reasonable excuse,";
(b)  subsection (6) is omitted.
(5)  In paragraph 12 of Schedule 7 (failure to deliver donation report)—
(a)  in sub-paragraph (1), between "is" and "not delivered" there is inserted ", without reasonable excuse";
(b)  in sub-paragraph (2), after "which" there is inserted ", without reasonable excuse,";
(c)  sub-paragraph (3) is omitted.
(6)  In paragraph 12 of Schedule 7A (failure to deliver transaction report)—
(a)  in sub-paragraph (1), between "is" and "not delivered" there is inserted ", without reasonable excuse,";
(b)  in sub-paragraph (2), after "which" there is inserted ", without reasonable excuse,";
(c)  sub-paragraph (3) is omitted."
98Insert the following new Clause—
  "Control of donations to members associations: responsible persons
(1)  Schedule 7 to the 2000 Act (control of donations to members associations etc) is amended as set out in subsections (2) to (4).
(2)  In paragraph 1(9) (meaning of "the responsible person"), for paragraph (b) there is substituted—
"(b)  otherwise, the person who is the responsible person by virtue of a notice in force under paragraph 1A."
(3)  After paragraph 1 there is inserted—
 

"Appointment of responsible person by members association with no treasurer

 1A   (1)   A members association which does not have a treasurer—
(a)  may appoint an individual to be the responsible person in relation to the association by giving notice to the Commission;
(b)  shall do so within the period of 30 days beginning with the date on which the association—
(i)  accepts a controlled donation which is a recordable donation for the purposes of paragraph 10, or
(ii)  receives a controlled donation falling within paragraph 6(1)(a) or (b),
if a notice under this sub-paragraph is not in force on that date.
(2)      A notice under sub-paragraph (1)—
(a)  must be signed on behalf of the members association;
(b)  must contain a statement signed by the individual to be appointed as the responsible person confirming that the individual is willing to be appointed.
(3)      A notice under sub-paragraph (1) must state—
(a)  the name and address of the members association;
(b)  the full name of the individual to be appointed as the responsible person;
(c)  the individual's home address in the United Kingdom, or (if there is no such home address) the individual's home address elsewhere.
(4)      Subject to the following provisions of this paragraph, a notice under sub-paragraph (1) ("the original notice")—
(a)  shall be in force as from the date on which it is received by the Commission, but
(b)  shall lapse at the end of the period of 12 months beginning with that date unless the members association or the responsible person gives the Commission a notice (a "renewal notice") that they both wish the original notice to remain in force.
(5)      A renewal notice—
(a)  has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);
(b)  must be received by the Commission during the period of one month ending at that time.
(6)      A renewal notice must either—
(a)  confirm that all the statements contained in the original notice, as it has effect for the time being, are accurate; or
(b)  indicate that any statement contained in that notice, as it so has effect, is replaced by some other statement conforming with the relevant provision of sub-paragraph (3).
  A renewal notice must be signed on behalf of the members association and by the responsible person.
(7)      The members association or the responsible person may, at any time after giving the original notice, give the Commission a notice (a "notice of alteration") indicating that any statement contained in the original notice, as it has effect for the time being, is replaced by some other statement—
(a)  contained in the notice of alteration, and
(b)  conforming with the relevant provision of sub-paragraph (3).
(8)      A notice of alteration must be signed—
(a)  on behalf of the members association, and
(b)  by the responsible person or, in the case of a notice substituting a different individual as the responsible person, by that individual.
(9)      A notice under this paragraph ceases to have effect on receipt by the Commission of a notice terminating it (a "notice of termination")—
(a)  given by and signed on behalf of the members association, or
(b)  given and signed by the responsible person.
(10)      On receipt of a notice of termination given by the members association or by the responsible person, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both on behalf of the members association and by the responsible person).
(11)      A reference in this paragraph to a notice being signed on behalf of a members association is to the notice being signed by the secretary of the association or by a person who acts in a similar capacity in relation to the association.
(12)      A notice under the Schedule 7A version of this paragraph also has effect as a notice under this paragraph.
  The "Schedule 7A version" of this paragraph means this paragraph as it applies, in relation to controlled transactions, by virtue of paragraph 1(7A) of Schedule 7A.
 

Offence of failing to comply with paragraph 1A

 1B      A members association commits an offence if—
(a)  it is subject to the requirement in paragraph 1A(1)(b), and
(b)  without reasonable excuse it fails to comply with the requirement."
(4)  In paragraph 12 (offence of failing to deliver donation report), in sub-paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the words following paragraph (b) there is substituted—
"(a)  in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;
(b)  in the case of a members association, the association and the responsible person are guilty of an offence."
(5)  In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate place—
"Paragraph 1B of Schedule 7 (failure by members association to comply with requirement to appoint responsible person)On summary conviction: Level 5"."
 

Clause 10

 

LORD BACH

99Page 10, line 5, leave out ", subject to sub-paragraph (5),"
100Page 10, line 7, leave out "a notice to the Commission" and insert "the Commission a notice (a "renewal notice")"
101Page 10, line 10, leave out from beginning to "must" and insert "A renewal notice—
(a)  has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);
(b)  must be received by the Commission during the period of one month ending at that time.
(   )  A renewal notice"
102Page 10, leave out lines 19 to 21
103Page 10, leave out lines 30 and 31 and insert—
"(   )  A notice of alteration must be signed—
(a)  by the office-holder, and
(b)  by the compliance officer or, in the case of a notice substituting a different individual as the compliance officer, by that individual."
104Page 10, line 34, leave out from "given" to end of line 39 and insert "and signed by the office-holder or by the compliance officer.
(   )  On receipt of a notice of termination given by the office-holder or by the compliance officer, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both by the office-holder and by the compliance officer)."
 

LORD HODGSON OF ASTLEY ABBOTTS

 Lord Hodgson of Astley Abbotts gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.
 

After Clause 10

 

LORD BACH

105Insert the following new Clause—
  "Control of loans etc to members associations: responsible persons
(1)  Schedule 7A to the 2000 Act (control of loans etc to members associations etc) is amended as follows.
(2)  In paragraph 1 (operation and construction of Schedule)—
(a)  in sub-paragraph (7)(d), the words after "(in relation to a members association)" are omitted;
(b)  after sub-paragraph (7) there is inserted—
"(7A)  Paragraphs 1A and 1B of Schedule 7 apply for the purposes of this Schedule, in relation to controlled transactions, as they apply for the purposes of that Schedule in relation to controlled donations.
(7B)  Paragraph 1A(1)(b) of Schedule 7, as it applies by virtue of sub-paragraph (7A) above, has effect as if for sub-paragraphs (i) and (ii) there were substituted—
"(i)  enters into a controlled transaction which is a recordable transaction for the purposes of paragraph 9 of Schedule 7A, or
(ii)  enters into a controlled transaction falling within paragraph 5 or 6(1)(b) of that Schedule,".
(7C)  A notice under paragraph 1A of Schedule 7 also has effect as a notice under the Schedule 7A version of that paragraph.
              The "Schedule 7A version" of paragraph 1A of Schedule 7             means that paragraph as it applies, in relation to             controlled transactions, by virtue of sub-paragraph (7A)             above."
(3)  In paragraph 12 (offence of failing to deliver transaction report), in sub-paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the words following paragraph (b) there is substituted—
"(a)  in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence;
(b)  in the case of a members association, the association and the responsible person are guilty of an offence.""
106Insert the following new Clause—
  "Control of loans etc to holders of elective office: compliance officers
  In Schedule 7A to the 2000 Act (control of loans etc to individuals etc), at the end there is inserted—
 

"Compliance officers

 18   (1)   This paragraph applies where a regulated participant who is the holder of a relevant elective office (the "office-holder") has given a notice to the Commission under paragraph 17 of Schedule 7 appointing an individual as compliance officer for the office-holder.
(2)      Where the notice is for the time being in force—
(a)  any duty imposed on the office-holder under paragraph 9, 10, 11 or 13 may be discharged either by the office-holder or by the compliance officer;
(b)  paragraph 12(1) and (2) applies to the compliance officer as well as the office-holder (so that either or both of them may be charged with an offence under paragraph 12(1) or (2));
(c)  if the compliance officer makes a declaration under paragraph 13, paragraph 13(4) applies to the compliance officer instead of the office-holder.
(3)      The compliance officer for an office-holder cannot be guilty of an offence under paragraph 12(1) or (2) in respect of any controlled transaction entered into by the office-holder at a time when the notice was not in force.""

 
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©Parliamentary copyright 2009
1 May 2009