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Political Parties and Elections Bill


Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making political contributions: Schedule to be inserted into the 2000 Act

75

 

      (3)  

An individual who knowingly or recklessly makes a false

declaration under paragraph 4 commits an offence.

      (4)  

For the purposes of sub-paragraph (1) the “permitted period” is—

(a)   

in relation to a notification under paragraph 1, the period

of 30 days mentioned in paragraph 1(1);

5

(b)   

in relation to a notice under sub-paragraph (2) of

paragraph 2, the period of 60 days mentioned in that sub-

paragraph;

(c)   

in relation to a notice under sub-paragraph (3) of

paragraph 2, the period of 30 days mentioned in that sub-

10

paragraph;

(d)   

in relation to a notice under sub-paragraph (4) of

paragraph 2, the period of 30 days mentioned in that sub-

paragraph.

Register of recordable gifts to unincorporated associations

15

7     (1)  

The Commission shall maintain a register of all notifications made

to them under paragraph 1 and all gifts reported to them under

paragraph 2.

      (2)  

The register shall be maintained by the Commission in such form

as they may determine and shall contain the following details—

20

(a)   

in the case of each notification under paragraph 1—

(i)   

the name of the unincorporated association by

which the notification was given;

(ii)   

the address of the association’s main office in the

United Kingdom;

25

(iii)   

the date on which the notification was given;

(b)   

in the case of each gift reported under paragraph 2—

(i)   

the name of the unincorporated association by

which the report was given;

(ii)   

the address of the association’s main office in the

30

United Kingdom;

(iii)   

(subject to sub-paragraph (4) and paragraph 8) the

information provided under paragraph 3.

      (3)  

Where the Commission are given any notification under

paragraph 1 or any report under paragraph 2, they shall cause the

35

details mentioned in sub-paragraph (2)(a) (in respect of a

notification) or sub-paragraph (2)(b) (in respect of a report) to be

entered in the register as soon as is reasonably practicable.

      (4)  

The information to be entered in the register in respect of any

individual shall not include the individual’s home address.

40

8     (1)  

This paragraph applies where—

(a)   

an unincorporated association receives a gift in respect of

which an entry falls to be made in the register under

paragraph 7, and

(b)   

at the time when the gift is received there is no entry in the

45

register in respect of that unincorporated association.

 
 

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making political contributions: Schedule to be inserted into the 2000 Act

76

 

      (2)  

The Commission shall not include in the register any information

that would or might identify a person as someone by or through

whom the gift was made unless—

(a)   

they have given to the person a notice stating that they

propose to include such information, and inviting

5

representations on the matter, and

(b)   

they decide, having considered any representations made

by the person, that it is reasonable to include such

information in the register.

      (3)  

The Commission shall make reasonable efforts to give a notice

10

under sub-paragraph (2)(a) in any case where, if a notice is not

given, sub-paragraph (2) prevents information from being

included in the register.

      (4)  

The Commission shall not make a decision on the matter referred

to in sub-paragraph (2)(b) until after the period of 45 days

15

beginning with the date on which they gave the notice under sub-

paragraph (2)(a), unless representations from the person

concerned are received before the end of that period.

      (5)  

Once they have made a decision on that matter the Commission

shall give notification of it to the person concerned.

20

Meaning of “gift”, etc

9     (1)  

In this Schedule “gift” includes bequest.

      (2)  

Anything given or transferred to any officer, member, trustee or

agent of an unincorporated association in that person’s capacity as

such (and not for the person’s own use or benefit) is to be regarded

25

for the purposes of this Schedule as given or transferred to the

association (and references to gifts received by an unincorporated

association are to be read accordingly).

      (3)  

Regulations made by the Secretary of State may—

(a)   

make provision as to things that are, or are not, to be

30

regarded as gifts to unincorporated associations for the

purposes of this Schedule;

(b)   

make provision as to how the value of a gift to an

unincorporated association is to be calculated for the

purposes of this Schedule.

35

      (4)  

Provision made under sub-paragraph (3)(a) may, in particular,

provide for a person to be treated as making a gift where that

person—

(a)   

pays expenses incurred by another;

(b)   

lends money to another otherwise than on commercial

40

terms;

(c)   

provides any property, services or facilities for the use or

benefit of another otherwise than on commercial terms;

(d)   

transfers any money or other property for a consideration

that is worth less than what is transferred (or for no

45

consideration).”

 
 

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

77

 

Schedule 5

Section 37

 

Minor and consequential amendments

Representation of the People Act 1983 (c. 2)

1     (1)  

Section 10A (maintenance of registers: registration of electors) is amended as

follows.

5

      (2)  

In subsection (2), the words “, on the 15th October in the year in question,”

are omitted.

      (3)  

After that subsection there is inserted—

“(2A)   

The application referred to in subsection (2) above shall (subject to

section 13BB(2)) be treated as made on the 15th October in the year

10

in question.”

2          

In section 13 (publication of registers), in subsection (5)(b), for “section 13A,

13B or 13BA” there is substituted “any of sections 13A to 13BB”.

3          

In section 13A (alteration of registers), in subsection (5), for “this section and

section 13B or 13BA below” there is substituted “this section, section 13B or

15

13BA below or section 13BB below”.

4          

In section 65A (false statements in nomination papers etc), in subsection (1),

after paragraph (a) there is inserted—

“(aa)   

(where the election is a parliamentary election) a statement

under rule 6(5)(b) of Schedule 1 to this Act which he knows

20

to be false in any particular; or”.

5     (1)  

Section 70 (effect of default in election agent’s appointment) is amended as

follows.

      (2)  

In subsection (4)(a), after “the statement as to persons nominated” there is

inserted “(or where, in the case of a parliamentary election, the address is not

25

given on that statement, the address as given under rule 6(4) of Schedule 1

to this Act)”.

      (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)

30

of Schedule 1 to this Act requiring the candidate’s home address

not to be made public.”

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.”

35

7          

In section 90ZA (meaning of “election expenses”), for subsection (5) there is

substituted—

“(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

40

the expenses are incurred.”

8     (1)  

Schedule 1 (parliamentary elections rules) is amended as follows.

 
 

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

78

 

      (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),

5

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 —

10

“(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

15

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)”;

 

20

(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)

25

(appointment of chairman), after “in accordance with section 3” there is

inserted “but subject to section 3A(6)”.

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

30

be appointed”.

11         

In section 15 (Deputy Electoral Commissioners), in subsection (3) (Deputy

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

35

an Electoral Commissioner”.

12         

In section 54 (permissible donors), in subsection (1)(b), for “that person”

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—

40

   

“But such a payment shall not be regarded as a donation for the

purposes of section 54A or paragraph 6A of Schedule 7.”

14         

In section 56 (acceptance or return of donations: general), in subsection (5)—

 
 

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

79

 

(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)”.

15         

In section 58 (forfeiture of donations made by impermissible or

5

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

to record donations that may not be accepted), for “section 54(1)(a) or (b)”

10

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

to be given in such a report”.

15

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”.

19         

In section 71U (weekly donation reports in connection with elections other

20

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

unincorporated associations”.

25

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

or hiding documents etc), for the words after paragraph (b) there is

30

substituted “any book, record or other document which is or is liable to be

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),

35

after paragraph (d) there is inserted—

“(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)”.

40

25         

In section 160 (general interpretation), in subsection (1) (definitions), at the

appropriate places there are inserted—

““contravention” includes a failure to comply, and cognate expressions

shall be construed accordingly;”;

““restriction” includes prohibition;”.

45

26    (1)  

Schedule 1 (the Electoral Commission) is amended as follows.

 
 

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

80

 

      (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”;

5

(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)

10

(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)—

15

(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)

20

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

25

“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

there is inserted—

30

    “(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)”.

29    (1)  

Schedule 15 (control of donations to permitted participants) is amended as

35

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—

    “(3)  

Any payment out of public funds shall not be regarded as

40

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

110(2).”

45

 
 

Political Parties and Elections Bill
Schedule 6 — Repeals

81

 

      (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)”.

Schedule 6

5

Section 37

 

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)”.

 
  

In section 10A—

 

10

  

(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,”.

 
  

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

 

15

  

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).

 
  

In Schedule 1—

 

20

  

(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

 
  

following the words “candidate at the

 

25

  

said election”, the final column.

 
  

In Schedule 2, paragraph 1(8).

 
 
 

 
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