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
Schedule 5 — Minor and consequential amendments
73

      (3)
After subsection (6) there is inserted—
    “(7)
In the case of a parliamentary election, subsection (6) above
applies whether or not a statement has been made under rule 6(5)
of Schedule 1 to this Act requiring the candidate’s home address
not to be made public.”
5
6
In section 76A (power to vary provisions about election expenses), after
paragraph (d) of subsection (2) there is inserted—
“(e)
section 76ZA(2) above.”
7
In section 90ZA (meaning of “election expenses”), for subsection (5) there is
substituted—
10
“(5)
A reference in this Part of this Act to a candidate at an election, in
relation to election expenses, includes (where the context allows) a
reference to a person who becomes a candidate at the election after
the expenses are incurred.”
8     (1)
Schedule 1 (parliamentary elections rules) is amended as follows.
15
      (2)
In rule 6 (nomination of candidates), in paragraph (2)(a), after “names,”
there is inserted “and”.
      (3)
In rule 9 (deposit), in paragraph (3), for “rule 6(1)” there is substituted “rule
6(4)”.
      (4)
In rule 14 (publication of statement of persons nominated), in paragraph (2),
20
after “nomination papers” there is inserted “and home address forms”.
      (5)
In rule 14A (correction of minor errors)—
(a)
in paragraph (1), after “nomination paper” there is inserted “or home
address form”;
(b)
in paragraph (2), after sub-paragraph (b) there is inserted —
25
“(c)
in the home address form, errors as to the
information mentioned in rule 6(5)(b).”
      (6)
In the Appendix of forms—
(a)
in the Form of nomination paper, in the first table following the
words “candidate at the said election”, the final column (home
30
address) is omitted;
(b)
in the Form of Front of Ballot Paper, for the address after “Richard
Edgbaston” there is substituted—

“(address in the Birmingham

Northfield Constituency)”;

35
(c)
in the directions as to printing the ballot paper, in paragraph 3(b),
after “address” there is inserted “(or the constituency in which that
address is situated)”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
9
In section 1 (establishment of the Electoral Commission), in subsection (5)
40
(appointment of chairman), after “in accordance with section 3” there is
inserted “but subject to section 3A(6)”.

Political Parties and Elections Bill
Schedule 5 — Minor and consequential amendments
74

10
In section 3 (appointment of Electoral Commissioners and Commission
chairman), in subsection (4) (political restrictions), for “A person may not be
appointed” there is substituted “Subject to subsection (4A), a person may not
be appointed”.
11
In section 15 (Deputy Electoral Commissioners), in subsection (3) (Deputy
5
Electoral Commissioner must be eligible for appointment as Electoral
Commissioner), for the words after “he is” there is substituted “prevented by
section 3(4) (read without regard to section 3(4A)) from being appointed as
an Electoral Commissioner”.
12
In section 54 (permissible donors), in subsection (1)(b), for “that person”
10
there is substituted “the person offering the donation”.
13
In section 55 (payments etc which are (or are not) to be treated as donations
by permissible donors), at the end of subsection (2) there is inserted—

“But such a payment shall not be regarded as a donation for the
purposes of section 54A or paragraph 6A of Schedule 7.”
15
14
In section 56 (acceptance or return of donations: general), in subsection (5)—
(a)
in paragraph (a), for “paragraph (a) or (b)” there is substituted
“paragraph (a), (aa) or (b)”;
(b)
in paragraph (b)(i), for “subsection (2)(a)” there is substituted
“subsection (2)(a) or (aa)”.
20
15
In section 58 (forfeiture of donations made by impermissible or
unidentifiable donors), in subsection (1)(a) (donations that may not be
accepted), for “section 54(1)(a) or (b)” there is substituted “section 54(1)(a),
(aa) or (b)”.
16
In section 62 (quarterly donation reports), in subsection (9) (donation report
25
to record donations that may not be accepted), for “section 54(1)(a) or (b)”
there is substituted “section 54(1)(a), (aa) or (b)”.
17
In section 65 (submission of donation reports to Commission), in subsection
(4) (offence of failing to comply with reporting requirements), for “the
recording of donations in such a report” there is substituted “the information
30
to be given in such a report”.
18
In section 67 (weekly donation reports in connection with elections other
than general elections), in subsection (1)(c) (application of section 147 with
modifications), for “section 147” there is substituted “an order under
paragraph 16 of Schedule 19C”.
35
19
In section 71U (weekly donation reports in connection with elections other
than general elections), in subsection (1)(c) (application of section 147 with
modifications), for “section 147” there is substituted “an order under
paragraph 16 of Schedule 19C”.
20
In the heading to Part 9, after “companies” there is inserted “and
40
unincorporated associations”.
21
In section 145 (function of Commission with respect to compliance with
controls imposed by 2000 Act etc), in subsection (7) (definitions), for “and
sections 146 and 148” there is substituted “, section 148 and Schedule 19B”.
22
In section 148 (general offences), in subsection (1) (offence of tampering with
45
or hiding documents etc), for the words after paragraph (b) there is
substituted “any book, record or other document which is or is liable to be

Political Parties and Elections Bill
Schedule 5 — Minor and consequential amendments
75

required to be produced for inspection under paragraph 1 or 3 of Schedule
19B, and does so with the intention of falsifying the document or enabling
any person to evade any of the provisions of this Act.”
23
In section 149 (inspection of Commission’s registers etc), in subsection (1),
after paragraph (d) there is inserted—
5
“(e)
paragraph 19 of Schedule 7;
(f)
paragraph 7 of Schedule 19A.”
24
In section 156 (orders and regulations), in subsection (2), for “subsections (3)
and (4)” there is substituted “subsections (3) to (4A)”.
25
In section 160 (general interpretation), in subsection (1) (definitions), at the
10
appropriate places there are inserted—
““contravention” includes a failure to comply, and cognate expressions
shall be construed accordingly;”;
““restriction” includes prohibition;”.
26    (1)
Schedule 1 (the Electoral Commission) is amended as follows.
15
      (2)
In paragraph 3 (term of office etc of Electoral Commissioners)—
(a)
in sub-paragraph (3) (circumstances in which Electoral
Commissioner ceases to hold office), for “An Electoral
Commissioner” there is substituted “Subject to sub-paragraph (3A),
an Electoral Commissioner”;
20
(b)
after that sub-paragraph there is inserted—
   “(3A)
Paragraph (d) of sub-paragraph (3) does not apply to a
nominated Commissioner (within the meaning of section
3A).”
      (3)
In paragraph 7 (Assistant Electoral Commissioners), in sub-paragraph (2)
25
(Assistant Electoral Commissioner must be eligible for appointment as
Electoral Commissioner), for the words after “he is” there is substituted
“prevented by section 3(4) (read without regard to section 3(4A)) from being
appointed as an Electoral Commissioner”.
      (4)
In paragraph 11 (staff)—
30
(a)
sub-paragraphs (2) and (4) (which are superseded by the provision
made by section 7(2) above) are omitted;
(b)
in sub-paragraph (3), for “sub-paragraph (4)” there is substituted
“paragraph 11A(4)”.
27    (1)
Schedule 7 (control of donations to individuals and members associations)
35
is amended as follows.
      (2)
In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations
from impermissible donors), for “that person” there is substituted “the
person offering the donation”.
      (3)
In sub-paragraph (2) of paragraph 8 (acceptance or return of donations), for
40
“section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
28    (1)
Schedule 11 (control of donations to recognised third parties) is amended as
follows.
      (2)
In paragraph 4 (payments etc not to be regarded as donations), at the end

Political Parties and Elections Bill
Schedule 6 — Repeals
76

there is inserted—
    “(3)
Any payment out of public funds shall not be regarded as a
donation for the purposes of paragraph 6A.”
      (3)
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations),
for “section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
5
29    (1)
Schedule 15 (control of donations to permitted participants) is amended as
follows.
      (2)
In paragraph 4 (payments etc not to be regarded as donations)—
(a)
sub-paragraph (1)(a) is omitted;
(b)
at the end there is inserted—
10
    “(3)
Any payment out of public funds shall not be regarded as
a donation for the purposes of paragraph 6A.
      (4)
For all other purposes of this Schedule, such a payment
shall not be regarded as a donation unless it is a grant
provided to a designated organisation by virtue of section
15
110(2).”
      (3)
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations),
for “section 56(3) and (4)” there is substituted “section 56(3), (3B) and (4)”.
30
In Schedule 20 (penalties), in the entry for section 56(3) or (4), for “(3) or (4)”
there is substituted “(3), (3B) or (4)”.
20
Schedule 6
Section 34

Repeals

Short title and chapter
Extent of repeal

Representation of the People
In section 10ZB, in the heading, the words

Act 1983 (c. 2)
“(Northern Ireland)”.

25

In section 10A—

(a)
in subsection (1A), the words “in respect

of an address in Northern Ireland”;

(b)
in subsection (2), the words “, on the

15th October of the year in question,”.

30

In section 13A(2A), the words “in respect of an

address in Northern Ireland”.

In section 63(3)(b), the words “sheriff clerk,”.

In section 76A(2), the word “or” at the end of

paragraph (c).

35

In Schedule 1—

(a)
in rule 6, sub-paragraph (b) of paragraph

(2);

(b)
in the Appendix of forms, in the Form of

nomination paper, in the first table

40

following the words “candidate at the

said election”, the final column.

Political Parties and Elections Bill
Schedule 6 — Repeals
77

Short title and chapter
Extent of repeal

Political Parties, Elections and
In section 47, subsections (2) and (3).

Referendums Act 2000 (c. 41)
In section 54(1), the word “or” at the end of

paragraph (a).

Section 65(5).

5

Section 71S(6).

In section 145, in the heading, the word

“monitoring”.

In section 149(1), the word “or” at the end of

paragraph (c).

10

In Schedule 1, paragraph 11(2) and (4).

In Schedule 7—

(a)
in paragraph 6(1), the word “or” at the

end of paragraph (a);

(b)
paragraph 12(3).

15

In Schedule 7A—

(a)
in paragraph 1(7)(d), the words after “(in

relation to a members association)”;

(b)
paragraph 12(3).

In paragraph 6(1) of Schedule 11, the word “or”

20

at the end of paragraph (a).

In Schedule 15—

(a)
paragraph 4(1)(a);

(b)
in paragraph 6(1), the word “or” at the

end of paragraph (a).

25

In Schedule 20, the entries relating to sections

146(5) and 146(6).

Electoral Fraud (Northern
Section 6(3).

Ireland) Act 2002 (c. 13)

Northern Ireland (Miscellan-
In Schedule 4, paragraphs 2, 3 and 4(5).

30

eous Provisions) Act 2006

(c. 33)