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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants

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     (12)  

A person who is the responsible person in relation to a permitted

participant that is not an individual commits an offence if—

(a)   

the permitted participant is a party to a transaction of a

description mentioned in paragraph 2(3)(a),

(b)   

the permitted participant benefits from or falls to benefit in

5

consequence of a connected transaction to which any of the

parties is not an authorised participant,

(c)   

sub-paragraph (9)(b) does not apply to the person, and

(d)   

as soon as practicable after knowledge of the matters

mentioned in paragraphs (a) and (b) comes to the person

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he fails to take all reasonable steps to pay to any person

who has provided the permitted participant with any

benefit in consequence of the connected transaction the

value of the benefit.

     (13)  

A person commits an offence if the person—

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(a)   

knowingly enters into, or

(b)   

knowingly does any act in furtherance of,

           

any arrangement which facilitates or is likely to facilitate, whether

by means of concealment or disguise or otherwise, the

participation by a permitted participant in a regulated transaction

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with a person other than an authorised participant.

     (14)  

It is a defence for a person charged with an offence under sub-

paragraph (3) to prove that the person took all reasonable steps to

prevent the permitted participant entering into the transaction.

     (15)  

It is a defence for a person charged with an offence under sub-

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paragraph (9) to prove that the person took all reasonable steps to

prevent the permitted participant benefiting in consequence of the

connected transaction.

     (16)  

A reference to a permitted participant entering into a regulated

transaction includes a reference to any circumstances in which the

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terms of a regulated transaction are varied so as to increase the

amount of money to which the permitted participant is entitled in

consequence of the transaction.

     (17)  

A reference to a permitted participant entering into a transaction

to which another party is not an authorised participant includes a

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reference to any circumstances in which another party to the

transaction who is an authorised participant ceases (for whatever

reason) to be an authorised participant.

Penalties

9     (1)  

A person guilty of an offence under sub-paragraph (1), (2), (4), (7),

40

(8) or (10) of paragraph 8 is liable—

(a)   

on summary conviction, to a fine not exceeding the

statutory maximum;

(b)   

on conviction on indictment, to a fine.

      (2)  

A person guilty of an offence under sub-paragraph (3), (5), (6), (9),

45

(11), (12) or (13) of paragraph 8 is liable—

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants

297

 

(a)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the

statutory maximum;

(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

Justice Act 2003, or

(b)   

in Northern Ireland,

10

           

the reference to 12 months is to be read as a reference to 6 months.

Part 3

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

participant.

      (2)  

The statement must comply with paragraphs 11 to 15.

      (3)  

For the purposes of those paragraphs a regulated transaction is a

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recordable transaction—

(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

was a party—

(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

paragraph 5(6) or 6(2).

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants

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Details of transaction

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)

and (4) of Schedule 6A.

Changes

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—

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(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

must—

(a)   

record that fact;

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(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.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants

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Part 4

Supplemental

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,

or

(b)   

any change made to a transaction to which the permitted

participant is a party,

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

security be discharged.

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.

      (2)  

The court is—

(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

proceedings.

      (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

123.

35

      (5)  

An appeal against an order made by the sheriff may be made to

the Court of Session.

      (6)  

Rules of court in any part of the United Kingdom may make

provision—

(a)   

with respect to applications or appeals from proceedings

40

on such applications;

(b)   

for the giving of notice of such applications or appeals to

persons affected;

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules

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(c)   

for the joinder, or in Scotland sisting, of such persons as

parties;

(d)   

generally with respect to procedure in such applications or

appeals.

      (7)  

Sub-paragraph (6) does not affect any existing power to make

5

rules.

Interpretation

18    (1)  

In this Schedule—

“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

2(9);

“credit facility” has the meaning given by paragraph 2(11);

“permitted participant” is to be construed in accordance with

paragraph 1;

15

“regulated transaction” is to be construed in accordance with

paragraph 2.

      (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.”

Schedule 10

Section 9

 

The alternative vote system: further amendments

25

Part 1

Amendments of the parliamentary elections rules

1          

Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as

follows.

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

have been elected.”

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

 
 

alternative vote system.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules

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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

 

candidates) as you wish.

 
 

Do not use the same number more than once.

 
 

Put no other mark on the ballot paper, or your vote may not be

 
 

counted.”

 
 

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

so far completed.

     (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

“any stage of”.

      (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

“and invalid markings”.

      (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

counted at any stage.”

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.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules

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     (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.

     (2B)  

If—

5

(a)   

one or more preferences are validly marked on a ballot

paper, and

(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

above.

     (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

an arabic numeral),

           

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

to more than one mark.

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—

   “(3A)  

Where—

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

candidate,

           

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

agent to the decision.”

      (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

of the candidates;

(b)   

marking the number 1 against the name of more

than one candidate;”;

 
 

 
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Revised 10 February 2011