Moved by
Lord Sharpe of Epsom
123: Clause 71, page 49, line 16, leave out from first “to” to end of line 17 and insert “the arrangement”
Member's explanatory statement
This amendment is consequential on Lord Sharpe’s amendment to Clause 71, page 49, line 13.
124: Clause 71, page 49, line 19, leave out paragraph (c) and insert—
“(c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.”
Member's explanatory statement
This amendment adjusts the test in Clause 71(1)(c).
125: Clause 71, page 49, line 20, leave out subsection (2) and insert—
“(2) A person other than P commits an offence if—
(a) after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,
(b) the arrangement is not registered, and
(c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.
(3) In this section the “registration period” means the period before the end of which P must register the arrangement (see section 68(2) and (3)).
(4) In proceedings for an offence under subsection (2) it is a defence to show that the person—
(a) took all steps reasonably practicable to determine whether the arrangement was registered, and
(b) reasonably believed that the arrangement was registered.
(5) A person is taken to have shown a matter mentioned in subsection (4) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.”
Member's explanatory statement
This amendment clarifies the applicable mens rea where a person other than P carries out the political influence activities in question.