§ (" .—(1) This section has effect for the purposes of the provisions of this Act relating to donations.
§ (2) Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description—
- (a) the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and
- (b) a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.
§ (3) Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description ("the donee"), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.
§ (4) The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).
§ (5) Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.").
§ Clause 151 [Short title, commencement and extent]:
Lord Bach moved Amendment No. 319C:
Page 97, line 13, leave out ("Apart from the provisions mentioned in subsection (3),") and insert ("Subject to subsections (3) and (3A),").
§ [Amendments Nos. 319D and 320 not moved.]
Lord Bach moved Amendments Nos. 320A to 320E:
Page 97, line 16, leave out ("provisions referred to in subsection (2) are") and insert ("following provisions come into force on the day on which this Act is passed").
Page 97, line 18, at end insert ("and paragraph 10(1) and (4) of Schedule 20,").
Page 97, line 19, after ("section") insert ("and Part II of Schedule (Transitional provisions)").
Page 97, line 21, at end insert—
("(3A) The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed—
Page 97, line 29, at end insert—
("() The transitional provisions contained in Schedule (Transitional provisions) shall have effect.").
§ [Amendment No. 321 not moved.]
Lord Bassam of Brighton moved Amendment No. 321A:
Page 97, line 32, after ("11") insert ("and paragraphs 12 and 13 of Schedule (Transitional provisions)").
§ Clause 151, as amended, agreed to.
§ Schedule 20 [Minor and consequential amendments]:
Lord Bassam of Brighton moved Amendment No. 321B:
Page 177, line 22, at end insert—
("() In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute—
() In section 47(1) (loan of equipment for local elections), for "the Secretary of State" substitute "the Electoral Commission".").
§ The noble Lord said: This amendment provides for the transfer to the electoral commission of the Home Secretary's functions as regards the reimbursement of expenses to returning officers. I do not believe that this amendment is controversial. I beg to move.265
Lord Bassam of Brighton moved Amendments Nos. 321C to 322B:
Page 177, line 22, at end insert—
("() In section 52 (discharge of registration duties), after subsection (1) insert—
(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—
Page 177, line 24, at end insert—
("() In section 201 (regulations)—
(2A) Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."; and.
(d) in subsection (3), after "the Secretary of State" insert ", or the Electoral Commission (in the case of any regulations made by them),". ").
Page 177, line 34, at end insert—