Electoral Administration Act 2006 (c. 22)

(The document as of February, 2008)

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(6) After subsection (6) insert--

" (6A) A relevant donation falls within this subsection--

(a) if it is a donation of more than £1,000, or

(b) if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than £1,000. "

(7) In subsection (7)(a), for "donation" (in the first place) substitute "benefit".

(8) In subsection (7)(b)--

(a) for "as part of" substitute "together with any other relevant donation or donations included in";

(b) for "that subsection" substitute "subsection (6A)";

(d) for "is accepted" substitute "accrues".

149 In section 69 (register of recordable donations)--

(a) omit subsection (3), and

(b) in each of subsections (4) and (5), omit "or (3)".

150 (1) Section 146 (supervisory powers of Commission) is amended as follows.

(2) In subsection (7) after paragraph (a) (before "or") insert--

" (aa) a regulated participant (or former regulated participant), " .

(3) In subsection (8), after paragraph (a) (before "or") insert--

" (aa) such information or explanations relating to the income and expenditure of regulated participants in connection with the political activities as the Commission reasonably require for the purpose of monitoring compliance on the part of regulated participants with the requirements imposed on them by or by virtue of Schedule 7A, " .

(4) In subsection (9), after the definition of "regulated donee" insert--

" "regulated participant" and "political activities" in relation to a regulated participant must be construed in accordance with Schedule 7A; " .

151 (1) Section 148(6) (general offences) is amended as follows.

(2) In paragraph (a), after "donee" insert "regulated participant".

(3) In paragraph (b), after sub-paragraph (ii) insert--

" (iia) a regulated participant which is a members association, " .

(4) In paragraph (c), after sub-paragraph (iii) insert--

" (iiia) in relation to a regulated participant which is a members association, the person responsible for the purposes of Schedule 7A, " .

(5) After paragraph (d) insert--

" (da) "regulated participant" has the same meaning as in Schedule 7A; " .

152 In Schedule 1 (the Electoral Commission), in paragraph 3(3) (term of office etc of Electoral Commissioners) after paragraph (c) insert--

" (ca) he is named as a participant in the register of recordable transactions reported under Part 4A; " .

153 In Schedule 6, after paragraph 5 insert--

" Application of reporting requirement

5A If the requirement to record the donation arises only because the value of the donation has, for the purposes of section 62(4) or (6), been aggregated with the value of any relevant transaction or transactions (within the meaning of section 71M), a quarterly report must contain a statement to that effect. "

154 (1) Schedule 7 (donations to individuals and members associations by donors) is amended as follows.

(2) In paragraph 2--

(a) in sub-paragraph (1), omit paragraph (d);

(b) in sub-paragraph (3), omit paragraph (a);

(3) In paragraph 4(3)(b), omit the words "except for the purposes of paragraph 14,".

(4) In paragraph 5(4)--

(a) for "2(1)(d) or (e)" substitute "2(1)(e)";

(b) in paragraph (a) omit "the loan or";

(5) In paragraph 10, for sub-paragraphs (1) and (2) substitute--

" (1) A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation.

(1A) For the purposes of this paragraph a controlled donation is a recordable donation--

(a) if it is a donation of more than £5,000 (where the donee is a members association) or £1,000 (in any other case);

(b) if, when it is added to any other controlled benefit or benefits accruing to the donee--

(i) from the same person and in the same calendar year, and

(ii) in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(1B) A controlled benefit is--

(a) a controlled donation;

(b) a controlled transaction within the meaning of paragraph 2 of Schedule 7A.

(1C) A controlled benefit which is a controlled donation accrues--

(a) from the permissible donor who made it, and

(b) when it is accepted by the donee.

(1D) A controlled benefit which is a controlled transaction accrues--

(a) from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and

(b) when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

(2) A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with--

(a) if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;

(b) if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed £5,000 or (as the case may be) £1,000 accrues. "

(6) In that paragraph, in each of sub-paragraphs (6) and (7)--

(a) after "In the case of" insert "a controlled benefit which is";

(b) for "sub-paragraph (2)(b)" substitute "sub-paragraph (1A)(b)";

(7) In paragraph 12(1), for "that provision" substitute "paragraph 10(2) or 11(1)".

(8) Omit Part 4 (reporting of donations by donors).

(9) In paragraph 15 (register of recordable donations), omit sub-paragraph (3)(b).

155 In Schedule 20 (penalties), omit the entries relating to section 68(5) and paragraph 14(5) of Schedule 7.

European Parliament (Representation) Act 2003 (c. 7)

156 In section 12 of the European Parliament (Representation) Act 2003--

(a) in subsection (3) after paragraph (b) insert--

" (ba) the regulation of loans or credit facilities which benefit, or any form of security (whether real or personal) which benefits, registered parties in Gibraltar or their members or officers; " ;

(b) in subsection (4), before the definition of "donation" insert--

" "credit facilities" must be construed in accordance with section 71F(11) of the Political Parties, Elections and Referendums Act 2000; " .

Section 74(2)

SCHEDULE 2 Repeals

Short title and chapter	Extent of repeal
Note: The repeals relating to sections 74A(2), 75(1), 81, 90A, 90B and 119(2) of the 1983 Act do not have effect in relation to those provisions as they apply to a local government election in Scotland.
Parliamentary Elections Act 1695 (c. 25)	Section 7.
Election Act 1707 (cap. 8)	The whole Act.
Parliamentary Elections (Ireland) Act 1823 (c. 55)	Section 74.
Electoral Law Act (Northern Ireland) 1962 (c. 14)	In Schedule 5, in rule 2 the words "Maundy Thursday". In Schedule 5, in the Appendix to the rules-- (a) in the Form of Front of Ballot Paper, the words "Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper" (b) in the Directions as to printing the ballot paper, paragraph 3(e) (c) in the Declaration of identity Front of form the words "Ballot Paper No ... ... ... ..." (d) in the Directions for the guidance of voters in voting, paragraph 1 and in paragraph 6 the words "holding the paper so that the presiding officer can see the official mark on the back of it".
Family Law Reform Act 1969 (c. 46)	In Schedule 2, in paragraph 2, the words "section 7 of the Parliamentary Elections Act 1695".
British Nationality Act 1981 (c. 61)	In Schedule 7, the entry relating to the Act of Settlement.
Representation of the People Act 1983 (c. 2)	Section 9(6). In section 10A(5), the words "the name of" and "duly". Section 18. Section 29(4), (4A) and (4B). In section 40(1), the words "Maundy Thursday,". In section 74A(2), the words "(determined in accordance with section 90B below)". In section 75(1), the words from "but paragraph (c) or (d) of" to the end. In section 81, subsection (3) and in subsection (9), the words "of each such matter". Sections 90A and 90B. In section 119(2), the words "Maundy Thursday,". In section 202(1), the definition of "absent voters list". In Schedule 1, in rule 2(1)(b) the words "Maundy Thursday,". In Schedule 1, in rule 6(3)(a) the words "(of not more than 6 words in length)". In Schedule 1, rule 19(2)(d). In Schedule 1, rule 29(3)(b). In Schedule 1, rule 37(1)(a). In Schedule 1, rule 40(1B)(a). In Schedule 1, in rule 43(1)(e), the words "the counterfoils of the used ballot papers and". In Schedule 1, in rule 45(1B)(b), the words "and authenticated". In Schedule 1, in rule 55-- (a) in paragraph (1)(d), the words "counterfoils and"; (b) paragraphs (2) to (4). In Schedule 1, in the Appendix to the rules-- (a) in the Form of Front of Ballot Paper, the words "Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper"; (b) in the Form of Back of Ballot Paper, the words "Note.-- The number on the ballot paper is to correspond with that on the counterfoil".
Police and Criminal Evidence Act 1984 (c. 60)	In Schedule 2, the entry relating to the Representation of the People Act 1983.
Representation of the People Act 1985 (c. 50)	In section 19(6)(b) the words "Maundy Thursday,". Section 25(1). In Schedule 1, paragraph 7(2). In Schedule 4, paragraph 86.
Elected Authorities (Northern Ireland) Act 1989 (c. 3)	In section 10(1), in the definition of "legal incapacity", the words "or of any subsisting provision of the common law".
Representation of the People Act 2000 (c. 2)	In Schedule 4, in paragraph 1(1), the definition of "absent voters list". In Schedule 4, paragraph 2(6)(a) and "or" following it.
Political Parties, Elections and Referendums Act 2000 (c. 41)	Section 50(2)(e). In section 50(4), paragraph (a) and the words "the loan or". Section 52(1)(a). In section 52(2)(b), the words "except for the purposes of section 68,". In section 53(4)(a), the words "the loan or", sub-paragraph (i) and the "or" following that sub-paragraph. Section 68. In section 69, subsection (3) and in subsections (4) and (5), the words "or (3)". In section 77(9)(a) the words "Maundy Thursday,". In Schedule 7-- (a) in paragraph 2, sub-paragraph (1)(d), sub-paragraph (3)(a) and, in sub-paragraph (3), the words "the loan or"; (b) in paragraph 4(3)(b) the words "except for the purposes of paragraph 14,"; (c) in paragraph 5(4)(a), the words "the loan or", sub-paragraph (i) and the "or" following it; (d) Part 4; (e) paragraph 15(3)(b). In Schedule 18, paragraph 7(4). In Schedule 20, the entries relating to section 68(5) and paragraph 14(5) of Schedule 7.
Electoral Fraud (Northern Ireland) Act 2002 (c. 13)	Section 2(2). Section 3(4)(a) and (b).
Civil Partnership Act 2004 (c. 33)	In Schedule 27, paragraph 85(2) to (5).
This Act	Section 68.

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