HL Deb 24 October 2000 vol 618 cc226-7

90C.—(1) This section applies where, in the case of a candidate at an election—

  1. (a) either—
    1. (i) property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or
    2. (ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and
  2. (b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

(1A) Where this section applies—

  1. (a) an amount of election expenses determined in accordance with this section ("the appropriate amount") shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
  2. (b) the candidate's election agent shall make a declaration of that amount,
unless that amount is less than £50.

This subsection has effect subject to section 90A(3) above.

(1B) Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either—

  1. (a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or
  2. (b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.

(1C) Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either—

  1. (a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or
  2. (b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.").

The noble Lord said: These amendments were spoken to with Amendment No. 195D. I beg to move.

[Amendment No. 253 not moved.]

Lord Bach moved Amendments Nos. 253A to 235F: Page 81, line 11, after ("use") insert ("or benefit"). Page 81, leave out lines 19 to 26. Page 81, line 28, after ("property") insert ("or goods"). Page 81, line 29, after ("property") insert ("or goods"). Page 81, line 30, at end insert ("; and paragraph 2(3)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent.""). Page 81, line 30, at end insert—