New Clause 12 - Purposes referred to in section 39

Elections Bill – in the House of Commons at 8:45 pm on 17 January 2022.

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“(1) This section sets out the purposes referred to in section 39.

(2) The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—

(a) a registered party,

(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

(3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

(4) The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate.

(5) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

(6) The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder.

(7) The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.

(8) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.

(9) The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—

(a) the holding of a referendum in the United Kingdom or any area in the United Kingdom, or

(b) a particular outcome of such a referendum.

(10) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.

(11) In this section “referendum” does not include a poll held under section 64 of the Government of Wales Act 2006.”—(Kemi Badenoch.)

This new clause and Amendments 22 and 23 replace the purposes set out in clause 39(3) as the purposes intended to be achieved by paid-for electronic material in order for Part 6 to apply to the material. In particular the New Clause makes it clear that this covers material in support of categories of parties, candidates and elected office-holders and applies whether or not the material expressly names the party etc.

Brought up, read the First and Second time, and added to the Bill.

Proceedings interrupted (Programme Order, 7 September 2021).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).