Political Parties and Elections Bill

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Part 2 — Political donations etc and expenditure
19

section 52(2)(b);
section 54(4)(b) and (6)(b);
section 71F(12)(b);
in Schedule 7, paragraphs 4(3)(b) and 6(2) and (4)(b);
in Schedule 7A, paragraph 2(4)(b);
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in Schedule 11, paragraphs 4(2) and 6(4) and (6)(b);
in Schedule 15, paragraphs 4(2) and 6(5) and (7)(b).
(2)
In the following provisions of the 2000 Act, for “£1,000” there is substituted
“£1,500”—
section 62(6A)(a) and (b), (7)(b) and (11)(b);
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section 71M(7)(a) and (b), (8)(b) and (11)(b);
in Schedule 7, paragraph 10(1A)(a) and (b) and (2)(b);
in Schedule 7A, paragraph 9(2)(a) and (b) and (7)(b).
(3)
In the following provisions of the 2000 Act, for “£5,000” there is substituted
“£7,500”—
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section 62(4)(a) and (b), (5)(b) and (11)(b);
section 63(3);
section 71M(4)(a) and (b), (5)(b) and (11)(b);
section 71Q(3);
in Schedule 7, paragraph 10(1A)(a) and (b) and (2)(b);
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in Schedule 7A, paragraph 9(2)(a) and (b) and (7)(b);
in Schedule 11, paragraph 10(2)(a);
in Schedule 15, paragraph 10(2)(a).
(4)
In section 155 of the 2000 Act (power to vary specified sums), after subsection
(2) there is inserted—
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“(3)
Subsection (4) applies in relation to the sums specified in—
(a)
Part 4;
(b)
Part 4A;
(c)
Schedule 11;
(d)
Schedule 15;
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(e)
Schedule 19A.
(4)
In each Parliament, other than a Parliament that is dissolved less than
two years after the date of its first sitting, the Secretary of State must
either—
(a)
make an order in pursuance of subsection (2)(a), or
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(b)
lay before Parliament a statement setting out the Secretary of
State’s reasons for not doing so.”
(5)
The amendment made by subsection (4) does not apply in relation to the
Parliament during which this Act is passed.
Election expenses
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18
Limitation of pre-candidacy election expenses for certain general elections
(1)
In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section

Political Parties and Elections Bill
Part 2 — Political donations etc and expenditure
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76 there is inserted—
“76ZA
  Limitation of pre-candidacy election expenses for certain general
elections
(1)
This section applies where —
(a)
a Parliament is not dissolved until after the period of 55 months
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beginning with the day on which that Parliament first met (“the
55-month period”),
(b)
election expenses are incurred by or on behalf of a candidate at
the parliamentary general election which follows the
dissolution, and
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(c)
the expenses are incurred in respect of a matter which is used
during the period beginning immediately after the 55-month
period and ending with the day on which the person becomes a
candidate at that election.

For the purposes of this section, section 90ZA(1) has effect with the
15
omission of the words “after the date when he becomes a candidate at
the election”.
(2)
Election expenses incurred as mentioned in subsection (1) must not in
the aggregate exceed the permitted amount, which is the relevant
percentage of the following sum—
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(a)
for a candidate at an election in a county constituency, £25,000
plus 7p for every entry in the register of electors;
(b)
for a candidate at an election in a borough constituency, £25,000
plus 5p for every entry in the register of electors.
(3)
The relevant percentage is—
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(a)
100% where the dissolution was during the 60th month of the
Parliament;
(b)
90% where the dissolution was during its 59th month;
(c)
80% where the dissolution was during its 58th month;
(d)
70% where the dissolution was during its 57th month;
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(e)
60% where the dissolution was during its 56th month.

For the purposes of this subsection, the “56th month” of a Parliament is
the month beginning immediately after the 55-month period; and so on.
(4)
In subsection (2) above “the register of electors” means the register of
parliamentary electors for the constituency in question as it has effect
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on the last day for publication of notice of the election.
(5)
Where election expenses are incurred as mentioned in subsection (1) in
excess of the permitted amount, any candidate or election agent who—
(a)
incurred, or authorised the incurring of, the election expenses,
and
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(b)
knew or ought reasonably to have known that the expenses
would be incurred in excess of that amount,

shall be guilty of an illegal practice.
(6)
The candidate’s personal expenses do not count towards the permitted
amount.”
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(2)
The amendments made by this section do not apply in relation to any
expenses—

Political Parties and Elections Bill
Part 3 — Elections
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(a)
incurred before the commencement of this section, or
(b)
incurred in respect of any matters used before 1 January 2010.
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Election expenses: guidance by Commission
In Schedule 4A to the 1983 Act (election expenses), in paragraph 14 (guidance
by Electoral Commission), for the words in sub-paragraph (1) from “giving
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guidance” to the end there is substituted “giving—
(a)
guidance as to the matters which do, or do not, fall within
Part 1 or Part 2 of this Schedule;
(b)
guidance (supplementing the definition in section 90ZA(3)
above) as to the cases or circumstances in which expenses are,
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or are not, to be regarded as incurred for the purposes of a
candidate’s election.”
Part 3
Elections
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Election falling within canvass period
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(1)
After section 13BA of the 1983 Act there is inserted—
“13BB
  Election falling within canvass period
(1)
This section applies where—
(a)
in connection with a canvass under section 10 above, the form
returned in respect of an address (“the relevant address”) is
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completed in such a way that, by virtue of section 10A(2) above,
an application for registration is treated as having been made in
respect of that address; and
(b)
notice is published of an election to which section 13B above
applies that is to be held—
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(i)
in an area which includes the relevant address,
(ii)
during the period starting with 1st July in the year of the
canvass and ending with 1st December in that year.
(2)
The application shall be treated as made—
(a)
when the notice of election is published (if the canvass form has
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already been returned),
(b)
when the form is returned (if the notice has already been
published), or
(c)
at such other time as may be prescribed.
(3)
Subsection (2) above does not apply if—
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(a)
the canvass form is returned after the appropriate publication
date; or
(b)
the form is returned too late for the application to be
determined in accordance with regulations on or before that
date (even without there being any delay in dealing with the
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application or any objections to the registration).
(4)
Where, in consequence of the determination of the application, an entry
relating to a person falls to be made in (or removed from) a register

Political Parties and Elections Bill
Part 3 — Elections
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covering the relevant address, the registration officer by whom that
register is maintained shall issue, in the prescribed manner, a notice
specifying the appropriate alteration.
(5)
Where—
(a)
in consequence of the determination of the application, a
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person’s entry in respect of an address other than the relevant
address falls to be removed from a register maintained by a
registration officer other than the one referred to in subsection
(4) above,
(b)
at the time of the determination, notice has been published of an
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election to which section 13B above applies that is to be held—
(i)
in an area which includes that other address,
(ii)
during the period starting with 1st July in the year of the
canvass and ending with 1st December in that year,

and
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(c)
the determination is made before the appropriate publication
date for that election,

the other registration officer shall, on being informed of the
determination, issue in the prescribed manner a notice specifying the
appropriate alteration.
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(6)
A notice under subsection (4) or (5) above shall be issued on the
appropriate publication date for the election in question, and the
alteration shall take effect as from the beginning of that day.
(7)
A requirement imposed by subsection (4) or (5) above does not apply
if, before the appropriate publication date for the election in question,
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the registration officer concerned publishes a revised version of the
register incorporating the appropriate alteration.
(8)
In this section—
“the appropriate publication date” has the same meaning as in
section 13B above;
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“canvass form” means the form mentioned in subsection (1)(a)
above.
(9)
For the purposes of this section, a canvass form is “returned” when it is
received by the registration officer.”
(2)
In section 13 of that Act (publication of registers), after subsection (1) there is
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inserted—
“(1A)
Subsection (1)(a) above has effect, in the case of a registration officer
acting for an area in which (or in part of which) an election to which
section 13B below applies is held during the period—
(a)
starting with 1st July in the year in question, and
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(b)
ending with 1st December in that year,

as if for “1st December in that year” there were substituted “1st
February in the following year”.”