09064.1-6

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill
COMMONS DISAGREEMENTS AND AMENDMENTS IN LIEU
[The page and line references are to HL Bill 26, the bill as first printed for the Lords.]
Clause 8
LORDS AMENDMENT NO. 11
11
Page 6, line 8, 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”.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 11 and 12, but propose Amendments

12A to 12F in lieu.

LORDS AMENDMENT NO. 12
12
Page 6, line 31, 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.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 11 and 12, but propose Amendments

12A to 12F in lieu—
12A
Page 8, line 19, at end insert the following new Clause:—

HL Bill 64 54/4

2


“Non-resident donors

(1)
In section 54 of the 2000 Act (permissible donors), in subsection (1)

(circumstances in which party may not accept donation), in paragraph (aa)

(inserted by section 8 above), for “as required by section 54A” there is

substituted “that is required to be given by section 54A or section 54B”.

(2)
In subsection (2)(a) of that section (individuals who are permissible

donors), for “registered in an electoral register” there is substituted “who is

registered in an electoral register and satisfies the condition set out in

subsection (2ZA)”.

(3)
After subsection (2) of that section there is inserted—

“(2ZA)
The condition referred to in subsection (2)(a) is that either—

(a)
the individual’s liability to income tax for the preceding tax

year falls to be determined on the basis that the individual

was resident, ordinarily resident and domiciled in the

United Kingdom in that year, or

(b)
the individual is an Irish citizen.


In paragraph (a) “tax year” has the meaning given by section 4 of

the Income Tax Act 2007.”

(4)
After that section there is inserted—

“54B
Declaration as to whether residence etc condition satisfied

(1)
An individual who causes an amount exceeding £7,500 to be

received by a registered party by way of a donation must give to the

party a declaration stating whether or not the individual satisfies

the condition set out in section 54(2ZA).

(2)
A declaration under this section must also state the individual’s full

name and address.

(3)
A person who knowingly or recklessly makes a false declaration

under this section commits an offence.”

(5)
In Schedule 6 to the 2000 Act (details to be given in donation reports), in

paragraph 1A (inserted by section 8 above)—

(a)
in the heading, at the end there is inserted “or as to whether residence

etc condition satisfied”;

(b)
after “section 54A” there is inserted “or 54B”.

(6)
In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at

the appropriate place—

“Section 54B(3) (making a false
On summary conviction in

declaration as to whether residence
England and Wales or Scotland:

etc condition satisfied)
statutory maximum or 12 months

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year

3

(7)
Schedule (Declaration as to whether residence etc condition satisfied) has effect.


That Schedule makes amendments to—

(a)
Schedules 7, 11 and 15 to the 2000 Act (control of donations to

individuals and members associations; to recognised third parties;

and to permitted participants), and

(b)
Schedule 20 to the 2000 Act (penalties),


corresponding to those made by subsections (1) to (6).””
12B
Page 8, line 19, at end insert the following new Clause:—


“Non-resident lenders etc

(1)
After section 71H of the 2000 Act there is inserted—

“71HA
Declaration that residence etc condition is satisfied

(1)
A registered party must not be a party to a regulated transaction

with a value of more than £7,500 unless the registered party has

received a written declaration from each of the other parties to the

transaction who is an individual stating that the individual satisfies

the condition set out in section 54(2ZA).

(2)
A declaration under this section must also state the individual’s full

name and address.

(3)
A person who knowingly or recklessly makes a false declaration

under this section commits an offence.”

(2)
In Schedule 6A to the 2000 Act (details to be given in transaction reports),

after paragraph 1 there is inserted—

“Declarations as to whether residence etc condition satisfied

1A  (1)
In relation to each recordable transaction in the case of which a

declaration under section 71HA has been given, a quarterly or

weekly report must either—

(a)
state that no reason was found to think that the

declaration was untruthful or inaccurate, or

(b)
give details of any respects in which the declaration was

found or suspected to be untruthful or inaccurate.”

(3)
In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at

the appropriate place—

“Section 71HA(3) (making a false
On summary conviction in

declaration as to whether residence
England and Wales or Scotland:

etc condition satisfied)
statutory maximum or 12 months

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”.”

4
12C
Page 52, line 4, at end insert the following new Schedule—

“Schedule

Declaration as to whether residence etc condition satisfied

Schedule 7 to the 2000 Act (control of donations to individuals and members associations)

1    (1)
In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting

donations from impermissible donors), in paragraph (aa) of sub-

paragraph (1) (inserted by Schedule 3 above), for “as required by

paragraph 6A” there is substituted “that is required to be given by

paragraph 6A or paragraph 6B”.

      (2)
After paragraph 6A of that Schedule (inserted by Schedule 3 above)

there is inserted—

“Declaration as to whether residence etc condition satisfied

6B  (1)
An individual who causes an amount exceeding £7,500 to be

received by a regulated donee by way of a donation must give

to the donee a declaration stating whether or not the

individual satisfies the condition set out in section 54(2ZA).

      (2)
A declaration under this paragraph must also state the

individual’s full name and address.

      (3)
A person who knowingly or recklessly makes a false

declaration under this paragraph commits an offence.”

2    (1)
Paragraph 10 of that Schedule (donation reports: donations from

permissible donors) (as amended by Schedule 3 above) is amended as

follows.

      (2)
In sub-paragraph (1)(b), after “paragraph 6A” there is inserted “or 6B”.

      (3)
In sub-paragraph (5), at the end of paragraph (aa) there is inserted “, and

any reference to section 54B shall be read as a reference to paragraph 6B

above”.

Schedule 11 to the 2000 Act (control of donations to recognised third parties)

3    (1)
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting

donations from impermissible donors), in paragraph (aa) of sub-

paragraph (1) (inserted by Schedule 3 above), for “as required by

paragraph 6A” there is substituted “that is required to be given by

paragraph 6A or paragraph 6B”.

      (2)
After paragraph 6A of that Schedule (inserted by Schedule 3 above)

there is inserted—

5

“Declaration as to whether residence etc condition satisfied

6B  (1)
An individual who causes an amount exceeding £7,500 to be

received by a recognised third party by way of a donation

must give to the recognised third party a declaration stating

whether or not the individual satisfies the condition set out in

section 54(2ZA).

      (2)
A declaration under this paragraph must also state the full

name and address of the person by whom it is made.

      (3)
A person who knowingly or recklessly makes a false

declaration under this paragraph commits an offence.”

4
In paragraph 9A of that Schedule (inserted by Schedule 3 above)—

(a)
in the heading, after “paragraph 6A” there is inserted “or 6B”;

(b)
after “a declaration under paragraph 6A” there is inserted “or

6B”.

Schedule 15 to the 2000 Act (control of donations to permitted participants)

5    (1)
In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting

donations from impermissible donors), in paragraph (aa) of sub-

paragraph (1) (inserted by Schedule 3 above), for “as required by

paragraph 6A” there is substituted “that is required to be given by

paragraph 6A or paragraph 6B”.

      (2)
After paragraph 6A of that Schedule (inserted by Schedule 3 above)

there is inserted—

“Declaration as to whether residence etc condition satisfied

6B  (1)
An individual who causes an amount exceeding £7,500 to be

received by a permitted participant by way of a donation must

give to the permitted participant a declaration stating whether

or not the individual satisfies the condition set out in section

54(2ZA).

      (2)
A declaration under this paragraph must also state the

individual’s full name and address.

      (3)
A person who knowingly or recklessly makes a false

declaration under this paragraph commits an offence.”

6
In paragraph 9A of that Schedule (inserted by Schedule 3 above)—

(a)
in the heading, after “paragraph 6A” there is inserted “or 6B”;

(b)
after “a declaration under paragraph 6A” there is inserted “or

6B”.

Schedule 20 to the 2000 Act (penalties)

7
In Schedule 20 (penalties) the following entries are inserted at the

appropriate places—

6

“Paragraph 6B(3) of Schedule 7
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

whether residence etc condition
statutory maximum or 12 months

satisfied)

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”

“Paragraph 6B(3) of Schedule 11
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

whether residence etc condition
statutory maximum or 12 months

satisfied)

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”

“Paragraph 6B(3) of Schedule 15
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

whether residence etc condition
statutory maximum or 12 months

satisfied)

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”.”

12D
Page 59, line 30, at end insert—

“
In that section as amended by paragraph 13—

(a)
after “section 54A” there is inserted “or 54B”;

(b)
after “paragraph 6A” there is inserted “or 6B”.”
12E
Page 61, line 20, at end insert—

    “( )
In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2)

above), after “paragraph 6A” there is inserted “or 6B”.”
12F
Page 61, line 33, at end insert—

    “( )
In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2)(b)

above), after “paragraph 6A” there is inserted “or 6B”.”