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Lord Mackay of Ardbrecknish moved Amendment No. 257:
- Page 83, line 43, leave out subsection (2).
Clause 129, as amended, agreed to.
Clause 130 [Corrupt and illegal practices: election petitions etc]:
Lord Mackay of Ardbrecknish moved Amendment No. 258:
- Page 84, line 4, leave out subsection (2).
On Question, amendment agreed to.
Clause 130, as amended, agreed to.
Schedule 16 [Amendments relating to election petitions]:
Lord Bach moved Amendments Nos. 258A to 258G:
- Page 162, line 9, at end insert--
On Question, amendments agreed to.
Schedule 16, as amended, agreed to.
Clause 131 [Election campaigns and proceedings: miscellaneous amendments]:
[Amendment No. 259 not moved.]
Schedule 17 [Election campaigns and proceedings: miscellaneous amendments]:
Lord Bach: moved Amendments Nos. 259A to 259V
(" .--(1) For section 137 there shall be substituted--
"Petition at issue.
137.--(1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.
(2) In this section "the relevant time" means--
(a) where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
(b) in any other case, the time when--
(i) the time prescribed for the making of objections under section 136(4) above expires, or
(ii) if such an objection is made, that objection is disallowed or removed,
whichever happens later."
(2) The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.
. In section 138(1) (list of petitions) the words from ", a copy of which" onwards shall be omitted.").
Page 162, line 10, at end insert--
("(2) The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland.").
Page 162, line 14, leave out paragraph 5 and insert--
(" . In section 159 (candidate reported guilty of corrupt or illegal practice)--
(a) subsection (2) shall be omitted, and
(b) for subsection (3) there shall be substituted--
"(3) A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland--
(a) for ten years, if reported personally guilty of a corrupt practice,
(b) for three years, if reported guilty by his agents of a corrupt practice, or
(c) during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
and if at the date of the report he holds any such office, then the office shall be vacated as from that date." ").
Page 162, line 29, at end insert ("as from the date of the report").
Page 162, line 35, at end insert--
("(5A) Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice--
(a) shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and
(b) if already holding such an office, shall vacate it as from that date."").
Page 162, line 38, at end insert ("or to any public office in Scotland"").
Page 162, leave out line 44 and insert--
("(b) in the definition of "public office" for " "public office" means any office--" substitute " "public office" in relation to Scotland means any office held in Scotland--".").
Page 163, line 6, at end insert--
2A.--(1) Section 73 (payment of expenses through election agent) shall be amended as follows.
(2) For subsection (1) there shall be substituted--
"(1) Subject to subsection (5) below, no payment (of whatever nature) shall be made by--
(a) a candidate at an election, or
(b) any other person,
in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate's election agent."
(3) Subsection (4) shall be omitted.
(4) For subsection (5) there shall be substituted--
"(5) This section does not apply to--
(a) any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;
(b) any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;
(c) any expenses included in a declaration made by the election agent under section 74A below; or
(d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90A(4A)(b) below."
(5) In subsection (6)--
(a) for "any payment, advance or deposit" there shall be substituted "any payment (of whatever nature)"; and
(b) the words from ", or pays" to "as mentioned above," shall be omitted."
2B.--(1) Section 74 (candidate's personal expenses, and petty expenses) shall be amended as follows.
(2) For the sidenote there shall be substituted "Expenses which may be paid otherwise than by election agent."
(3) After subsection (1A) there shall be inserted--
"(1B) The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent."
(4) In subsection (2), for "personal expenses paid as mentioned above" there shall be substituted "expenses paid as mentioned in subsection (1) or (1B) above".
(5) After subsection (4) there shall be inserted--
"(5) Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate's election agent."
2C. After section 74 there shall be inserted--
"Expenses incurred otherwise than for election purposes.
74A.--(1) Neither section 73 above nor sections 78 and 79 below shall apply to election expenses--
(a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate's election, but
(b) which by virtue of section 90A(1) below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate's election.
(2) The candidate's election agent shall make a declaration of the amount (determined in accordance with section 90B below) of any election expenses falling within subsection (1) above.
(3) In this section "for the purposes of the candidate's election" has the same meaning as in sections 90A to 90C below."
2D.--(1) Section 78 (time for sending in and paying claims) shall be amended as follows.
(2) In subsections (1) and (2) for "within" wherever it occurs there shall be substituted "not later than".").
Page 163, line 9, leave out sub-paragraph (2) and insert--
("(2) In subsection (1) for the words from "in the form" onwards there shall be substituted "containing as respects that candidate--
(a) a statement of all election expenses incurred by or on behalf of the candidate; and
(b) a statement of all payments made by the election agent together with all bills and receipts relating to the payments." ").
Page 163, line 18, after ("(3)") insert--
("(a) for paragraph (a) there shall be substituted--
"(a) a statement of all payments made--
(i) by the candidate in accordance with section 74(1) or (1B) above, or
(ii) by any other person in accordance with section 74(3) above,
together with all bills and receipts relating to any such payments made in accordance with section 74(1B) or 74(3);", and.
(b)")
Page 163, line 20, leave out ("90C(3)") and insert ("74A(2) above or 90C(1A)").
Page 163, line 20, at end insert--
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