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Political Parties and Elections Bill

Amendments 105 and 106 105: After Clause 10, insert the following new Clause— "Control of loans etc to members associations: responsible persons (1) Schedule 7A to the 2000 Act (control of loans etc to members associations etc) is amended as follows. (2) In paragraph 1 (operation and construction of Schedule)— (a) in sub-paragraph (7)(d), the words after "(in relation to a members association)" are omitted; (b) after sub-paragraph (7) there is inserted— "(7A) Paragraphs 1A and 1B of Schedule 7 apply for the purposes of this Schedule, in relation to controlled transactions, as they apply for the purposes of that Schedule in relation to controlled donations. (7B) Paragraph 1A(1)(b) of Schedule 7, as it applies by virtue of sub-paragraph (7A) above, has effect as if for sub-paragraphs (i) and (ii) there were substituted— "(i) enters into a controlled transaction which is a recordable transaction for the purposes of paragraph 9 of Schedule 7A, or (ii) enters into a controlled transaction falling within paragraph 5 or 6(1)(b) of that Schedule,". (7C) A notice under paragraph 1A of Schedule 7 also has effect as a notice under the Schedule 7A version of that paragraph. The "Schedule 7A version" of paragraph 1A of Schedule 7 means that paragraph as it applies, in relation to controlled transactions, by virtue of sub-paragraph (7A) above." (3) In paragraph 12 (offence of failing to deliver transaction report), in sub-paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the words following paragraph (b) there is substituted— "(a) in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence; (b) in the case of a members association, the association and the responsible person are guilty of an offence."" 106: After Clause 10, insert the following new Clause— "Control of loans etc to holders of elective office: compliance officers In Schedule 7A to the 2000 Act (control of loans etc to individuals etc), at the end there is inserted— "Compliance officers 18 (1) This paragraph applies where a regulated participant who is the holder of a relevant elective office (the "office-holder") has given a notice to the Commission under paragraph 17 of Schedule 7 appointing an individual as compliance officer for the office-holder. (2) Where the notice is for the time being in force— (a) any duty imposed on the office-holder under paragraph 9, 10, 11 or 13 may be discharged either by the office-holder or by the compliance officer; (b) paragraph 12(1) and (2) applies to the compliance officer as well as the office-holder (so that either or both of them may be charged with an offence under paragraph 12(1) or (2)); (c) if the compliance officer makes a declaration under paragraph 13, paragraph 13(4) applies to the compliance officer instead of the office-holder. (3) The compliance officer for an office-holder cannot be guilty of an offence under paragraph 12(1) or (2) in respect of any controlled transaction entered into by the office-holder at a time when the notice was not in force."" Amendments 105 and 106 agreed. Clauses 11 and 12 agreed [Amendment 107 had been retabled as Amendment 120A.]