Political Parties and Elections Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 11th June 2009, as follows—
Clauses 1 and 2
Schedule 1
Clause 3
Schedule 2
Clauses 4 to 8
Schedule 3 | Clauses 9 to 16
Schedule 4
Clauses 17 to 34
Schedules 5 and 6
Clauses 35 to 39 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 39, line 24, at end insert "provided that prior approval to enter any premises and to inspect documents found on those premises has been obtained from a magistrate" |
| 2 | Insert the following new Clause— |
| | "Review: the procedures for local referenda on recall for misconduct |
| | The Secretary of State shall, within 6 months of this Act being passed, in exercise of his powers under section 6(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41) (reviews of electoral and political matters), request the Electoral Commission to review and report on the procedures for local referenda on the recall by constitutents of a Member of Parliament found guilty of misconduct." |
| 3 | Page 46, line 10, leave out "a prescribed" and insert "an" |
| 4 | Page 46, line 12, leave out "prescribed" |
| 5 | Page 46, line 17, leave out "a prescribed" and insert "an" |
| 6 | Page 46, line 19, leave out "prescribed" |
| 7 | Page 46, line 24, leave out "a prescribed" and insert "an" |
| 8 | Page 46, line 26, leave out "prescribed" |
| 9 | Page 46, line 31, leave out "a prescribed" and insert "an" |
| 10 | Page 46, line 33, leave out "prescribed" |
| 11 | Page 48, line 37, leave out "a prescribed" and insert "an" |
| 12 | Page 48, line 39, leave out "prescribed" |
| 13 | Page 49, line 2, leave out "prescribed" |
| 14 | Page 49, line 14, leave out "a prescribed" and insert "an" |
| 15 | Page 49, line 16, leave out "prescribed" |
| 16 | Page 51, line 12, leave out "early payment discounts or" |
| 17 | Page 52, line 28, leave out "a prescribed" and insert "an" |
| 18 | Page 52, line 30, leave out "prescribed" |
| 19 | Page 53, line 41, leave out "a prescribed" and insert "an" |
| 20 | Page 54, line 2, leave out "prescribed" |
| 21 | Page 55, leave out line 16 |
| 22 | Page 59, line 21, leave out "might" and insert "would" |
| | LORD BROOKE OF SUTTON MANDEVILLE |
| 23* | Page 5, line 4, leave out "or ten" |
| | LORD HODGSON OF ASTLEY ABBOTTS |
| 24* | Page 5, line 36, leave out "12" and insert "36" |
| 25 | Page 6, leave out lines 1 to 9 |
| 26 | Insert the following new Clause— |
| | "Education about systems of government and EU institutions |
| | In section 13 of the 2000 Act (education about electoral and democratic systems), paragraphs (b) and (c) of subsection (1) (Commission's duty to promote public awareness of systems of government and EU institutions) are omitted." |
| 27* | Insert 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." |
| 28* | Insert the following new Clause— |
| (1) | In section 54 of the 2000 Act (permissible donors) is amended as follows. |
| (2) | In subsection (2) paragraph (a), after "register" there is inserted "(or eligible to be registered in an electoral register)". |
| (3) | After subsection (7) there is inserted— |
| "(7A) | Where a registered party accepts a donation from an individual who is eligible to be registered in an electoral register, the treasurer of the party shall report the donation to the Electoral Commission, together with the reasons for accepting the donation."." |
| 29 | Page 7, line 14, 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"." |
| 30 | Page 7, line 37, 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." |
| 31 | Page 8, line 2, at end insert— |
| "( ) | A person does not commit an offence if it can be proven beyond reasonable doubt that the person had no intention of making, or by innocent mistake made, a false declaration under this section." |
| 32 | Page 11, line 44, at end insert— |
| | "A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice." |
| 33 | Page 12, line 4, leave out "A notice under this paragraph" and insert "A notice under sub-paragraph (1) that has been in force for at least 12 months" |
| 34 | Page 14, line 46, at end insert— |
| | "A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice." |
| 35 | Page 17, line 36, leave out "donations" and insert "contributions" |
| 36 | Page 17, line 39, leave out "donations" insert "contributions" |
| 37 | Page 18, line 20, at end insert— |
| "( ) | In section 62 of the Electoral Administration Act 2006 (c. 22) (regulation of loans: power to make provision for candidates, third parties and referendums), after subsection (3) there is inserted— |
| "(3A) | The provision that may be made by virtue of subsection (3)(e) includes, in particular, provision amending paragraph 1 of Schedule 19A to the 2000 Act (requirement for unincorporated associations to notify Commission of political contributions over £25,000) so that, in the case of a recognised third party or a permitted participant in a referendum, a "political contribution" includes a relevant matter."" |
| | LORD HODGSON OF ASTLEY ABBOTTS |
| 38 | Insert the following new Clause— |
| | "£50,000 cap on donations |
| (1) | In section 54 of the 2000 Act (permissible donors), after subsection (1) there is inserted— |
| "(1A) | A donation received by a registered party from a permissible donor must not be accepted by the party in so far as the amount of that donation and of any other donations accepted by the party from that donor during the same calendar year exceeds £50,000. |
| (1B) | Subsection (1A) does not apply to donations to which subsections (1) and (2) of section 55 apply, or to monies received from public funds." |
| (2) | In section 56 of the 2000 Act (acceptance or return of donations: general), after subsection (2) there is inserted— |
| "(2A) | If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1A), subsection (2) applies to that donation only in so far as the amount of that donation and of any other donations accepted by the party from that donor during the same calendar year exceeds £50,000." |
| (3) | In section 58(1)(a) of the 2000 Act (forfeiture of donations made by impermissible or unidentifiable donors) after "(b)" there is inserted "or (1A)"." |
| 39 | Insert the following new Clause— |
| | "Treatment of contributions from trade union political funds |
| (1) | The limit on donations established by section (£50,000 cap on donations) shall apply to all expenditure out of trade union political funds unless all the conditions of this section have been fulfilled with regard to the expenditure in question. |
| (a) | the expenditure consists entirely of money contributed directly to the funds of a political party; |
| (b) | the expenditure consists entirely of an amount paid to a political party on the basis of multiplying the number of members who are contributors to the union's political fund, or a proportion of those members (not exceeding 100 per cent of any single party or any combination of parties) by a certain sum; |
| (c) | the sum referred to in subsection (2)(b) is less than the limit set by section (£50,000 cap on donations); |
| (d) | the consent has been obtained either of all the members who are contributors to the fund, or, where the basis of the calculation of the sum is expended is a proportion of those members, of at least the relevant proportion of the members, for the expenditure concerned. |
| (3) | A member of a union who contributes to the political fund shall be deemed to have consented for the purposes of subsection (2) if all the following conditions have been satisfied— |
| (a) | the member was afforded during the 12 months preceding the relevant expenditure a reasonable opportunity to be exempted from contributing to the political fund of the union; |
| (b) | the union has, during the 12 months preceding the relevant expenditure, made reasonable efforts to acquaint all members who contribute to the political fund with— |
| (i) | the nature of a political fund; |
| (ii) | the expenditure made by the union out of the political fund in the previous five years, including the identity of any political parties to which payments have been made out of the political fund; |
| (iii) | the right of members to be exempt from paying contributions to the fund; and |
| (iv) | the nature of any expenditure out of the fund that the union intends or reasonably expects to make in the following 12 months. |
| (4) | The Electoral Commission may issue guidelines and model communications about— |
| (a) | the requirement mentioned in subsection (3)(a); and |
| (b) | the conditions mentioned in subsection (3)(b). |
| (5) | Compliance with guidelines or use of model communications issued under this subsection shall be deemed to be compliant with the relevant aspects of this section. |
| (6) | No more than one payment under subsection (1) may be made in one calendar year, but the payment may be calculated on an annual basis and paid in instalments." |
| 40 | Page 66, line 20, leave out "donations" and insert "contributions" |
| 41 | Page 66, line 21, leave out "donations" and insert "political contributions" |
| 42 | Page 66, line 24, leave out "donation" and insert "contribution" |
| 43 | Page 66, line 25, leave out "donations" and insert "contributions" |
| 44 | Page 66, line 27, leave out "donation" and insert "contribution" |
| 45 | Page 66, line 28, leave out "donations" and insert "contributions" |
| 46 | Page 66, line 31, leave out "donation" and insert "contribution" |
| 47 | Page 66, leave out lines 32 to 36 and insert— |
| "(2) | An unincorporated association makes a "political contribution" in any of the following cases— |
| (a) | it makes a donation (within the meaning of Part 4) to a registered party; |
| (b) | it makes a loan of money to a registered party, or discharges (to any extent) a liability of a registered party, in pursuance of a regulated transaction (within the meaning of Part 4A); |
| (c) | it makes a donation (within the meaning of Schedule 7) to a regulated donee; |
| (d) | it makes a loan of money to a regulated donee, or discharges (to any extent) a liability of a regulated donee, in pursuance of a controlled transaction (within the meaning of Schedule 7A); |
| (e) | it makes a donation (within the meaning of Schedule 11) to a recognised third party; |
| (f) | it makes a donation (within the meaning of Schedule 15) to a permitted participant." |
| 48 | Page 67, line 1, leave out "donation" and insert "contribution" |
| 49 | Page 67, line 2, leave out "donation" and insert "contribution" |
| 50 | Page 67, leave out lines 4 to 12 |
| 51 | Page 67, line 29, at end insert— |
| "(e) | the value of a contribution within sub-paragraph (2)(b) or (d) is the amount of money lent or liability discharged." |
| 52 | Page 67, line 30, after "donation" insert ", or a sum of money lent," |
| 53 | Page 67, line 30, leave out "it" and insert "the donation or loan" |
| 54 | Page 67, line 34, leave out "donation" and insert "political contribution" |
| 55 | Page 67, line 38, leave out first "donation" and insert "contribution" |
| 56 | Page 67, line 38, leave out second "donation" and insert "contribution" |
| 57 | Page 67, line 42, leave out "donation" and insert "contribution" |
| 58 | Page 68, line 2, leave out "donation" and insert "contribution" |
| 59 | Page 68, line 4, leave out "donation" and insert "contribution" |
| 60 | Page 68, line 9, leave out "donation" and insert "contribution" |
| 61 | Page 68, line 13, leave out "donation" and insert "contribution" |
| 62 | Page 68, line 19, leave out "donation" and insert "contribution" |
| 63 | Page 72, line 10, at end insert— |
| "( ) | lends money to another otherwise than on commercial terms;" |
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