|
| |
|
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or to a fine not exceeding the |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term |
| |
not exceeding 12 months or to a fine. |
| 5 |
(3) | In the application of sub-paragraph (2)(a)— |
| |
(a) | in England and Wales, in relation to an offence committed |
| |
before the commencement of section 154(1) of the Criminal |
| |
| |
| 10 |
| the reference to 12 months is to be read as a reference to 6 months. |
| |
| |
Reporting of regulated transactions |
| |
Statement of regulated transactions |
| |
10 (1) | The responsible person in relation to a permitted participant must |
| 15 |
include in any return required to be prepared under section 120 a |
| |
statement of regulated transactions entered into by the permitted |
| |
| |
(2) | The statement must comply with paragraphs 11 to 15. |
| |
(3) | For the purposes of those paragraphs a regulated transaction is a |
| 20 |
| |
(a) | if the value of the transaction is more than £7,500, or |
| |
(b) | if the aggregate value of it and any other relevant benefit |
| |
or benefits is more than that amount. |
| |
| In paragraph (b) “relevant benefit” means any relevant donation |
| 25 |
(within the meaning of Schedule 15) or regulated transaction |
| |
made by, or entered into with, the person with whom the |
| |
regulated transaction was entered into. |
| |
Identity of authorised participants |
| |
11 | The statement must record, in relation to each recordable |
| 30 |
transaction to which an authorised participant was a party, the |
| |
information about the authorised participant which is, in |
| |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| |
paragraph 2 of Schedule 6A. |
| 35 |
Identity of unauthorised participants |
| |
12 | The statement must record, in relation to each recordable |
| |
transaction to which a person other than an authorised participant |
| |
| |
(a) | the name and address of the person; |
| 40 |
(b) | the date when, and the manner in which, the transaction |
| |
was dealt with in accordance with sub-paragraphs (3) to |
| |
(5) of paragraph 5 or those sub-paragraphs as applied by |
| |
| |
|
| |
|
| |
|
| |
13 (1) | The statement must record, in relation to each recordable |
| |
transaction, the information about the transaction which is, in |
| |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| 5 |
paragraph 5(2), (3) and (4) of Schedule 6A (read with any |
| |
necessary modifications). |
| |
(2) | The statement must record, in relation to each recordable |
| |
transaction of a description mentioned in paragraph 2(1) or (2) |
| |
above, the information about the transaction which is, in |
| 10 |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| |
paragraph 6 of Schedule 6A. |
| |
(3) | The statement must record, in relation to each recordable |
| |
transaction of a description mentioned in paragraph 2(3)(a) above, |
| 15 |
the information about the transaction which is, in connection with |
| |
transactions entered into by political parties, required to be |
| |
recorded in transaction reports by virtue of paragraph 7(2)(b), (3) |
| |
| |
| 20 |
14 (1) | Where another authorised participant has become a party to a |
| |
regulated transaction (whether in place of or in addition to any |
| |
existing participant), or there has been any other change in any of |
| |
the information that is required by paragraphs 11 to 13 to be |
| |
included in the statement, the statement must record— |
| 25 |
(a) | the information as it was both before and after the change; |
| |
(b) | the date of the change. |
| |
(2) | Where a recordable transaction has come to an end, the statement |
| |
| |
| 30 |
(b) | record the date when it happened; |
| |
(c) | in the case of a loan, state how the loan has come to an end. |
| |
(3) | For the purposes of sub-paragraph (2), a loan comes to an end if— |
| |
(a) | the whole debt (or all the remaining debt) is repaid; |
| |
(b) | the creditor releases the whole debt. |
| 35 |
Total value of non-recordable transactions |
| |
15 | The statement must record the total value of any regulated |
| |
transactions that are not recordable transactions. |
| |
|
| |
|
| |
|
| |
| |
Non-disclosure with intent to conceal |
| |
16 (1) | This paragraph applies where, on an application made by the |
| |
Commission, the court is satisfied that any failure to comply with |
| 5 |
a requirement of Part 3 of this Schedule in relation to— |
| |
(a) | any transaction entered into by the permitted participant, |
| |
| |
(b) | any change made to a transaction to which the permitted |
| |
| 10 |
| was attributable to an intention on the part of any person to |
| |
conceal the existence or true value of the transaction. |
| |
(2) | The court may make such order as it thinks fit to restore (so far as |
| |
is possible) the parties to the transaction to the position they |
| |
would have been in if the transaction had not been entered into. |
| 15 |
(3) | An order under this paragraph may in particular— |
| |
(a) | where the transaction is a loan or credit facility, require |
| |
that any amount owed by the permitted participant be |
| |
repaid (and that no further sums be advanced under it); |
| |
(b) | where any form of security is given for a sum owed under |
| 20 |
the transaction, or the transaction is an arrangement by |
| |
which any form of security is given, require that the |
| |
| |
Proceedings under paragraphs 5 and 16 |
| |
17 (1) | This paragraph has effect in relation to proceedings on an |
| 25 |
application under paragraph 5(4) or 16. |
| |
| |
(a) | in England and Wales, the county court; |
| |
(b) | in Northern Ireland, the county court. |
| |
| In Scotland, the court is the sheriff and the proceedings are civil |
| 30 |
| |
(3) | The standard of proof is that applicable to civil proceedings. |
| |
(4) | An order may be made whether or not proceedings are brought |
| |
against any person for an offence under paragraph 8 or section |
| |
| 35 |
(5) | An appeal against an order made by the sheriff may be made to |
| |
| |
(6) | Rules of court in any part of the United Kingdom may make |
| |
| |
(a) | with respect to applications or appeals from proceedings |
| 40 |
| |
(b) | for the giving of notice of such applications or appeals to |
| |
| |
|
| |
|
| |
|
(c) | for the joinder, or in Scotland sisting, of such persons as |
| |
| |
(d) | generally with respect to procedure in such applications or |
| |
| |
(7) | Sub-paragraph (6) does not affect any existing power to make |
| 5 |
| |
| |
| |
“authorised participant” is to be construed in accordance |
| |
with paragraph 4 (and see paragraph 1(5)); |
| 10 |
“connected transaction” has the meaning given by paragraph |
| |
| |
“credit facility” has the meaning given by paragraph 2(11); |
| |
“permitted participant” is to be construed in accordance with |
| |
| 15 |
“regulated transaction” is to be construed in accordance with |
| |
| |
(2) | For the purposes of any provision relating to the reporting of |
| |
transactions, anything required to be done by a permitted |
| |
participant in consequence of its being a party to a regulated |
| 20 |
transaction must also be done by it, if it is a party to a transaction |
| |
of a description mentioned in paragraph 2(3)(a), as if it were a |
| |
party to the connected transaction.” |
| |
| |
| |
The alternative vote system: further amendments |
| 25 |
| |
Amendments of the parliamentary elections rules |
| |
1 | Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as |
| |
| |
2 | For rule 18 (poll to be taken by ballot) there is substituted— |
| 30 |
“18 | The votes at the poll shall be given by ballot in accordance with |
| |
rule 37A below, the result shall be ascertained in accordance with |
| |
rule 45A below and the successful candidate shall be declared to |
| |
| |
3 | In rule 29 (equipment of polling stations), in paragraph (5), for the words |
| 35 |
after “the notice” there is substituted— |
| |
| “Remember—use 1, 2, 3 etc at this election—this is an election using the |
| | | | | | |
|
|
| |
|
| |
|
| Put the number 1 next to the name of the candidate who is your first |
| | | | choice (or your only choice, if you want to vote for only one candidate). |
| | | | You can also put the number 2 next to your second choice, 3 next to |
| | | | your third choice, and so on. |
| | | | You can mark as few or as many choices (up to the number of |
| | 5 | | | | | | Do not use the same number more than once. |
| | | | Put no other mark on the ballot paper, or your vote may not be |
| | | | | | |
|
|
4 | In rule 44 (attendance at counting of votes), in paragraph (5), for “the |
| 10 |
candidate for whom the vote is given” there is substituted “the candidates to |
| |
whom votes are allocated under rule 45A below”. |
| |
5 (1) | In rule 46 (re-count), for paragraph (1) there is substituted— |
| |
“(1) | At the time when any stage of the counting or re-counting of the |
| |
votes is completed, a candidate or candidate’s election agent who |
| 15 |
is then present may request the returning officer to have the votes |
| |
re-counted or again re-counted in respect of any or all of the stages |
| |
| |
(1A) | The returning officer may refuse to comply with a request under |
| |
paragraph (1) above if in the officer’s opinion it is unreasonable.” |
| 20 |
(2) | In paragraph (2) of that rule, after “on the completion of” there is inserted |
| |
| |
(3) | After that paragraph there is inserted— |
| |
“(3) | At any time before the declaration of the result, the returning |
| |
officer may, if the officer thinks fit, have the votes re-counted or |
| 25 |
again re-counted in respect of any or all of the stages.” |
| |
6 (1) | In rule 47 (rejected ballot papers), in the heading there is inserted at the end |
| |
| |
(2) | In paragraph (1) of that rule— |
| |
(a) | for sub-paragraph (b) there is substituted— |
| 30 |
“(aa) | on which the number 1 has not been marked |
| |
against the name of any of the candidates, or |
| |
(b) | on which the number 1 has been marked against |
| |
the name of more than one candidate, or”, |
| |
(b) | in sub-paragraph (d), for “void for uncertainty” there is substituted |
| 35 |
“is marked in a way that does not indicate a clear choice as to the |
| |
voter’s first (or only) preference”; |
| |
(c) | for the words after that sub-paragraph there is substituted “shall, |
| |
subject to the following provisions, be rejected as void and not |
| |
| 40 |
(3) | For paragraph (2) of that rule there is substituted— |
| |
“(2) | A ballot paper on which a number is marked elsewhere than in a |
| |
proper place shall not be deemed to be void for that reason alone. |
| |
|
| |
|
| |
|
(2A) | If a ballot paper is marked with the same number (other than the |
| |
number 1) against the name of more than one candidate, that |
| |
number (each time it appears) and any numbers after the repeated |
| |
numbers shall be ignored for the purposes of rule 45A above. |
| |
| 5 |
(a) | one or more preferences are validly marked on a ballot |
| |
| |
(b) | other marks are made on the paper which do not indicate |
| |
a clear intention as to the voter’s next preference, |
| |
| those other marks shall be ignored for the purposes of rule 45A |
| 10 |
| |
(2C) | A ballot paper on which the voter makes any mark which— |
| |
(a) | is clearly intended to indicate a particular preference for a |
| |
particular candidate, but |
| |
(b) | is not a number (or is a number written otherwise than as |
| 15 |
| |
| shall be treated in the same way as if the appropriate number |
| |
(written as an arabic numeral) had been marked instead. |
| |
(2D) | In paragraph (2C) above a reference to a mark includes a reference |
| |
| 20 |
(2E) | Paragraphs (2B) and (2C) above apply only if the way the paper is |
| |
marked does not itself identify the voter and it is not shown that |
| |
the voter can be identified by it.” |
| |
(4) | After paragraph (3) of that rule there is inserted— |
| |
| 25 |
(a) | any mark on a ballot paper is ignored by reason of |
| |
paragraph (2A) or (2B) above, and |
| |
(b) | the vote in question is not reallocated in accordance with |
| |
rule 45A above, but would have been if the mark had been |
| |
treated as indicating a preference for a remaining |
| 30 |
| |
| the returning officer shall endorse the ballot paper in question |
| |
with the words “not reallocated” and an indication of the stage at |
| |
which the mark was ignored. |
| |
(3B) | Where the returning officer endorses a ballot paper as mentioned |
| 35 |
in paragraph (3A), the officer shall add to the endorsement the |
| |
words “decision objected to” if an objection is made by a counting |
| |
| |
(5) | In paragraph (4) of that rule— |
| |
(a) | for sub-paragraph (b) there is substituted— |
| 40 |
“(aa) | not marking the number 1 against the name of any |
| |
| |
(b) | marking the number 1 against the name of more |
| |
| |
|
| |
|
| |
|
(b) | for sub-paragraph (d) there is substituted— |
| |
“(d) | unmarked or marked in a way that does not |
| |
indicate a clear choice as to the voter’s first (or |
| |
| |
7 | For rule 49 (equality of votes), and the heading, there is substituted— |
| 5 |
“Equality of votes: which candidate to be eliminated |
| |
49 (1) | This rule applies to determine which candidate is eliminated |
| |
under rule 45A(3) above in a case where— |
| |
(a) | there are two or more candidates with fewer votes than the |
| |
others but an equal number to each other, or |
| 10 |
(b) | there are three or more candidates, or remaining |
| |
candidates, and they all have an equal number of votes to |
| |
| |
| The candidates with an equal number of votes to each other are |
| |
referred to in this rule as “the tied candidates”. |
| 15 |
(2) | The candidate to be eliminated where there has been a previous |
| |
| |
(a) | whichever of the tied candidates was allocated the fewer |
| |
or fewest votes in accordance with voters’ first |
| |
| 20 |
(b) | if that fails to resolve the tie, whichever of them had the |
| |
fewer or fewest votes after the next stage of counting (if |
| |
| |
| |
(3) | Where there has been no previous elimination, or where there has |
| 25 |
been a previous elimination but the tie is not resolved under |
| |
paragraph (2) above, the returning officer shall forthwith decide |
| |
by lot which of the tied candidates is to be eliminated. |
| |
Equality of votes: which candidate to be elected |
| |
49A (1) | This rule applies to determine which candidate is elected under |
| 30 |
| |
(a) | in a case where there are only two remaining candidates |
| |
and they have an equal number of votes, or |
| |
(b) | in the case of an election with only two candidates who |
| |
receive an equal number of votes. |
| 35 |
(2) | Where paragraph (1)(a) applies, the candidate to be elected is— |
| |
(a) | whichever of the remaining candidates was allocated the |
| |
more votes in accordance with voter’s first preferences, or |
| |
(b) | if that fails to resolve the tie, whichever of them had the |
| |
more votes after the next stage of counting (if any), |
| 40 |
| |
(3) | Where paragraph (1)(a) above applies but the tie is not resolved |
| |
under paragraph (2) above, or where paragraph (1)(b) above |
| |
applies, the returning officer shall forthwith decide by lot which of |
| |
the two candidates is to be elected.” |
| 45 |
|
| |
|