Political Parties, Elections and Referendums Act 2000
but this is subject to subsection (8)(a).
- (3) The registered leader of a minor party must, in the case of each anniversary of the party’s inclusion in the register, give a notification under this subsection to the Commission within the period beginning one month before the anniversary and ending six months after it.
- (4) A notification under subsection (3) must—
- (a) state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or
- (b) so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—
- (i) an application under section 30,
- (ii) a notification under section 31, or
- (iii) any information so prescribed.
- (5) In subsection (4) “the relevant time” means—
- (a) the time when the party applied for registration, or
- (b) if a notification has previously been given under subsection (3) in relation to the party, the time when the last such notification was given;
and for the purposes of subsection (4) any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.
- (6) A notification under subsection (3) must be accompanied by any fee prescribed by order made by the Secretary of State.
- (7) In addition to being able to make an application under section 30, a minor party may apply to the Commission to have—
- (a) the declaration mentioned in subsection (1) above cancelled, and
- (b) the party’s existing entry in the Great Britain register replaced by such entry or entries (in that or the Northern Ireland register) as accord with a fresh declaration sent by the party to the Commission and falling within section 28(2)(a), (b) or (c).
- (8) Where a minor party makes an application under subsection (7)—
- (a) the provisions mentioned in subsection (2)(a) and (b) shall apply to the party;
- (b) the party must provide the Commission with such information as—
- (i) would, by virtue of Schedule 4, be required to be provided in connection with an application by the party under section 28 to be registered in accordance with the fresh declaration mentioned in subsection (7)(b), and
- (ii) has not already been provided in connection with its existing registration as a minor party; and
- (c) the following provisions, namely—
- (i) sections 28(1)(c) and (3B) to (8C) and 29, and
- (ii) paragraphs 1(2) and 7 of Schedule 4,
shall apply, with any necessary modifications, in relation to the party’s application as if it were such an application under section 28 as is mentioned in paragraph (b)(i).
Request by Secretary of State
35
On receipt of a request made by the Secretary of State, the Commission shall send a copy of the Great Britain or Northern Ireland register, or any parts of it specified in the request, to—
- (a) the Secretary of State; or
- (b) any other person so specified.
Assistance by Commission for existing registered parties
36
- (1) The Commission may, in accordance with a scheme prepared by them for the purposes of this section, provide assistance for existing parties with a view to helping them to meet, or to reducing, the expenses falling to be initially incurred by them in order to comply with Parts III and IV.
- (2) The assistance which may be so provided to an existing party may take the form of—
- (a) a grant to the party, or
- (b) the provision of non-financial benefits to the party (such as the provision of computer software free of charge),
or both, as the scheme may determine.
- (3) The scheme may provide for an existing party’s entitlement to assistance under this section to depend on the Commission’s being satisfied that the expenses falling to be incurred by the party as mentioned in subsection (1) exceed an amount specified in the scheme.
- (4) Any grant under this section may be made subject to such conditions as the Commission consider appropriate.
- (5) The total expenditure incurred by the Commission in providing assistance under this section (whether by grants or otherwise) shall not exceed £700,000.
- (6) The Commission shall publish the scheme in such manner as they consider appropriate.
- (7) In this section “existing party” means any party registered under the Registration of Political Parties Act 1998 at the commencement of this section.
Supplemental
Party political broadcasts
37
- (1) A broadcaster shall not include in its broadcasting services any party political broadcast made on behalf of a party which is not a registered party.
- (2) In this Act “broadcaster” means—
- (a) the holder of a licence under the Broadcasting Act 1990 or 1996 ,
- (b) the British Broadcasting Corporation, or
- (c) Sianel Pedwar Cymru.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of parliamentary elections rules
38
- (1) The rules set out in Schedule 1 to the Representation of the People Act 1983 (the parliamentary elections rules) shall be amended as follows.
- (2) In rule 6 (nomination of candidates), for paragraph (3) there shall be substituted—
(3) The description, if any, must consist of either— (a) a description (of not more than 6 words in length) which is authorised as mentioned in rule 6A(1) below; or (b) the word “Independent” or, where the candidate is the Speaker of the House of Commons seeking re-election, the words “The Speaker seeking re-election”.
- (3) In rule 6A (nomination papers: name of registered political party)—
- (a) in paragraph (1), after “unless” there shall be inserted “ the party is a qualifying party in relation to the constituency and ”; and
- (b) for paragraph (3) there shall be substituted—
(3) For the purposes of the application of this rule in relation to an election— (a) “registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of the election is required to be published by virtue of rule 1 (“the relevant time”); (b) a registered political party is a qualifying party in relation to a constituency if— (i) the constituency is in England, Scotland or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or (ii) the constituency is in Northern Ireland and the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act.
- (4) In the Appendix of Forms, in the form of nomination paper, for “Merchant” there shall be substituted “ Independent ”.
False statements: offence
39
A person commits an offence if—
- (a) he knowingly or recklessly makes a statement to the Commission which is false in any material particular, and
- (b) the statement is made, or purports to be made, on behalf of a party for any purpose of this Part of this Act.
Interpretation of Part II
40
- (1) In this Part—
- “the appointed day” means the day appointed under section 163(2) for the coming into force of section 23;
- “financial year”, in relation to a registered party, shall be construed in accordance with section 41(6);
- “parish or community election” means an election of councillors for a parish in England or a community in Wales;
- “party” includes any organisation or person;
- “the register” shall be construed in accordance with section 28(10);
- “registered” (unless the context otherwise requires) means registered under this Part (whether in the Great Britain or the Northern Ireland register), and other references to registration shall be construed accordingly;
- “the registrar of companies” means the registrar or other officer who performs the duty of registering companies under the Companies Act 1985;
- “relevant election” shall be construed in accordance with section 22(5).
- (2) For the purposes of this Part a registered party contests an election—
- (a) by one or more candidates standing for election in the party’s name at the election, or
- (b) by the party itself standing nominated at the election.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III — Accounting requirements for registered parties
Accounting records
Duty to keep accounting records
41
- (1) The treasurer of a registered party must ensure that accounting records are kept with respect to the party which are sufficient to show and explain the party’s transactions.
- (2) The accounting records must be such as to—
- (a) disclose at any time, with reasonable accuracy, the financial position of the party at that time; and
- (b) enable the treasurer to ensure that any statement of accounts prepared by him under section 42 complies with the requirements of regulations under subsection (2)(a) of that section.
- (3) The accounting records must in particular contain—
- (a) entries showing from day to day all sums of money received and expended by the party, and the matters in respect of which the receipt and expenditure take place; and
- (b) a record of the assets and liabilities of the party.
- (4) The treasurer must ensure that any accounting records made for the purposes of this section in respect of the party are preserved for at least six years from the end of the financial year of the party in which they are made.
- (5) Where a party ceases to be registered within the period of six years mentioned in subsection (4) as it applies to any accounting records, the obligation to ensure that those records are preserved in accordance with that subsection shall continue to be discharged by the last treasurer of the party unless—
- (a) the Commission consent in writing to the records being destroyed, or
- (b) the Commission direct in writing that the records may be otherwise disposed of and the records are disposed of in accordance with the direction.
- (6) In this Part “financial year”, in relation to a registered party, means such period as may be determined by the Commission under subsection (7), whether in relation to—
- (a) registered parties generally,
- (b) any description of registered parties which includes the party, or
- (c) the party itself.
- (7) The Commission may determine that the period which is to be a financial year of a registered party shall be—
- (a) a period of twelve months specified by the Commission, or
- (b) a shorter period specified by them for any transitional purposes;
and different determinations may be made under this subsection in respect of financial years beginning on different dates.
- (8) The Commission shall notify registered parties of any determination under subsection (7) which affects them.
- (9) Nothing in this Part applies in relation to a minor party.
Statements of accounts
Annual statements of accounts
42
- (1) The treasurer of a registered party shall prepare a statement of accounts in respect of each financial year of the party.
- (2) A statement of accounts under this section must—
- (a) comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission; and
- (b) be approved—
- (i) by the management committee of the party, if there is one, and
- (ii) otherwise by the registered leader of the party.
- (3) Regulations under subsection (2)(a) may in particular—
- (a) require any such statement to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;
- (b) specify information which is to be provided by way of notes to the accounts.
- (4) Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (2)(a) may impose different requirements—
- (a) according to which of the following bands the gross income or total expenditure of a party falls within—
- (i) not exceeding £25,000;
- (ii) exceeding £25,000 but not £100,000;
- (iii) exceeding £100,000 but not £250,000;
- (iv) exceeding £250,000;
- (b) in respect of (on the one hand) parties registered in the Great Britain register and (on the other) those registered in the Northern Ireland register.
- (4A) The Secretary of State may by order amend subsection (4)(a) by varying the number of bands set out in it.
- (4B) The Secretary of State may not make an order under subsection (4A) except to give effect to a recommendation of the Commission.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) The treasurer of a registered party shall ensure that any statement of accounts prepared under this section in respect of the party is preserved for at least six years from the end of the financial year to which the statement relates.
- (7) Subsection (5) of section 41 shall apply in relation to the preservation of any such statement as it applies in relation to the preservation of any accounting records (the references to subsection (4) of that section being read as references to subsection (6) above).
- (8) In this Part “gross income” means gross recorded income from all sources.
Annual audits
43
- (1) Where a registered party’s gross income or total expenditure in any financial year exceeds £250,000, the accounts of the party for that year must be audited by a qualified auditor.
- (2) Where—
- (a) a registered party’s gross income or total expenditure in any financial year does not exceed £250,000, but
- (b) the Commission consider it desirable that the accounts of the party for that year should be audited,
the Commission may (at any time) give the treasurer of the party a direction requiring those accounts to be audited by a qualified auditor.
- (3) An audit under this section must be carried out—
- (a) by the end of the period of six months from the end of the financial year in question, if the audit is required by subsection (1), or
- (b) by the later of—
- (i) the end of the period of six months from the end of the financial year in question, and
- (ii) the end of the period of three months from the date of the direction under subsection (2),
if the audit is required by such a direction.
- (4) If it appears to the Commission that any accounts required to be audited by virtue of—
- (a) subsection (1), or
- (b) a direction under subsection (2),
have not been duly audited by the time mentioned in subsection (3)(a) or (b) (as the case may be), the Commission may appoint a qualified auditor to audit those accounts.
- (5) The expenses of any audit carried out by an auditor appointed by the Commission, including the auditor’s remuneration, may be recovered by the Commission from the funds of the party concerned as a debt due to the Commission.
- (6) The Commission may by regulations make provision with respect to—
- (a) the appointment of auditors to carry out audits under this section;
- (b) the duties of auditors so appointed; and
- (c) the removal or resignation of such auditors and matters connected with their removal or resignation.
- (7) Regulations under subsection (6)(c) may make provision requiring such person as is specified in the regulations to deliver to the Commission, in a case where such an auditor is removed or resigns, a copy of such document relating to the auditor’s removal or resignation as is so specified; and any such person commits an offence if he fails to comply with any such requirement.
- (8) Subsection (6)(a) does not apply in relation to the appointment of auditors by the Commission under subsection (4).
Supplementary provisions about auditors
44
- (1) An auditor appointed to carry out an audit under section 43—
- (a) has a right of access at all reasonable times to the party’s books, documents and other records; and
- (b) is entitled to require from the treasurer or any other officer of the party, or from any former treasurer or officer of the party, such information and explanations as he thinks necessary for the performance of his duty as auditor.
- (2) If any person fails to provide an auditor with any access, information or explanation to which the auditor is entitled by virtue of subsection (1), the Commission may give that person such written directions as they consider appropriate for securing that the default is made good.
- (3) A person guilty of disobedience to any directions of the Commission under subsection (2) may, on the application of the Commission to the High Court or the Court of Session, be dealt with as for disobedience to an order of that Court.
- (4) A person commits an offence if he knowingly or recklessly makes to an auditor appointed to carry out an audit under section 43 a statement (whether written or oral) which—
- (a) conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of subsection (1), and
- (b) is misleading, false or deceptive in a material particular.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delivery of statements of accounts etc. to Commission
45
- (1) The treasurer of a registered party shall, if the party’s accounts for a financial year are not required to be audited by virtue of section 43(1) or (2), within 4 months of the end of that financial year deliver to the Commission—
- (a) the statement of accounts prepared for that year under section 42; and
- (b) the notification required to be sent with that statement by virtue of section 32(1).
- (2) If a registered party’s accounts for a financial year are required to be audited by virtue of section 43(1) or (2), the treasurer of the party shall, no later than 7 days after the end of the period allowed under section 43(3) for the audit of the accounts, deliver to the Commission—
- (a) the documents mentioned in paragraphs (a) and (b) of subsection (1); and
- (b) a copy of the auditor’s report (unless the auditor was appointed by the Commission under section 43(4)).
- (3) If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this section for delivering a party’s documents within subsection (1) or (2) for any financial year, by notice extend that period by a further period specified in the notice.
- (4) Any documents delivered to the Commission under this section shall be kept by the Commission for such period as they think fit.
Public inspection of parties' statements of accounts
46
Where the Commission receive any statement of accounts under section 45, they shall—
- (a) as soon as reasonably practicable after receiving the statement, make a copy of the statement available for public inspection; and
- (b) keep any such copy available for public inspection for the period for which the statement is kept by them or, if they so determine, during such shorter period as they may specify.
Criminal penalty for failure to submit proper statement of accounts
47
- (1) If in the case of a registered party—
- (a) any requirements of regulations under section 42(2)(a) are , without reasonable excuse, not complied with in relation to any statement of accounts delivered to the Commission under section 45, or
- (b) any statement of accounts, notification or auditor’s report required to be delivered to the Commission under that section is , without reasonable excuse, not delivered to them before the end of the relevant period,
the person who was the treasurer of the party immediately before the end of that period is guilty of an offence.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In this section “the relevant period” means the period allowed by section 45(1) or (2) for delivering the statement, notification or report to the Commission or, if that period has been extended (or further extended) under section 45(3), that period as so extended.
Revision of statements of accounts
Revision of defective statements of accounts
48
- (1) If it appears to the treasurer of a registered party that any statement of accounts for any financial year of the party has not complied with any requirements of regulations under section 42(2)(a) (“the prescribed requirements”), he may prepare a revised statement of accounts.
- (2) Where that statement of accounts has been delivered to the Commission, the revisions shall be confined to—
- (a) the correction of those respects in which the statement did not comply with the prescribed requirements, and
- (b) the making of any necessary consequential alterations.
- (3) If it appears to the Commission that there is, or may be, a question whether any statement of accounts delivered to them under section 45 complies with the prescribed requirements, they may give notice to the treasurer of the party in question indicating the respects in which it appears to them that such a question arises or may arise.
- (4) The notice shall specify a period of not less than one month for the treasurer to give the Commission an explanation of the statement of accounts or prepare a revised statement.
- (5) If at the end of the specified period, or such longer period as the Commission may allow, it appears to the Commission—
- (a) that no satisfactory explanation of the statement of accounts has been given, and
- (b) that the statement has not been revised so as to comply with the prescribed requirements,
they may, if they think fit, make an application to the court under subsection (6).
- (6) The Commission may under this subsection make an application to the court—
- (a) for a declaration or declarator that the statement of accounts does not comply with the prescribed requirements, and
- (b) for an order requiring the treasurer of the party to prepare a revised statement of accounts.
- (7) If the court orders the preparation of revised accounts, it may—
- (a) give such directions as it thinks fit;
- (b) order that all or part of the costs (or in Scotland expenses) of and incidental to the application are to be borne by the registered leader and the treasurer of the party.
- (8) Where the court makes an order under paragraph (b) of subsection (7) it shall have regard to whether the officers mentioned in that paragraph knew or ought to have known that the statement did not comply with the prescribed requirements, and it may—
- (a) order the payment of different amounts by different officers;
- (b) exclude one of the officers from the order; or
- (c) exclude both officers from the order and instead order the payment of all or part of the costs (or expenses) mentioned in that paragraph out of the funds of the party.
- (9) The Commission may by regulations make provision with respect to the application of provisions of this Part in relation to the preparation and auditing of revised statements of accounts, and their delivery to the Commission, and may in particular make provision—
- (a) for any matter for which provision may be made by regulations under section 43(6);
- (b) for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 47(1).
- (10) Section 46 applies in relation to any revised statement of accounts received by the Commission in accordance with regulations under subsection (9) as it applies in relation to any statement of accounts received by them under section 45.
- (11) The provisions of this section apply equally to statements of accounts that have already been revised, in which case the references to revised statements of accounts shall be read as references to further revised statements.
- (12) In this section “the court”—
- (a) in relation to England and Wales means the county court and, in Northern Ireland, means a county court; and
- (b) in relation to Scotland, means the sheriff.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parties with accounting units
Division of responsibilities in case of party with accounting units
49
Where a registered party is a party with accounting units, sections 41 to 48 have effect in accordance with Schedule 5, which makes provision for securing that—
- (a) financial matters relating to the party exclusive of those relating to any accounting unit, and
- (b) financial matters relating to any such unit,
are dealt with separately for the purposes of this Part.
Part IV — Control of donations to registered parties and their members etc.
Chapter I — Donations to registered parties
Donations for purposes of Part IV
50
- (1) The following provisions have effect for the purposes of this Part.
- (2) “Donation”, in relation to a registered party, means (subject to section 52)—
- (a) any gift to the party of money or other property;
- (b) any sponsorship provided in relation to the party (as defined by section 51);
- (c) any subscription or other fee paid for affiliation to, or membership of, the party;
- (d) any money spent (otherwise than by or on behalf of the party) in paying any expenses incurred directly or indirectly by the party;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).
- (3) Where—
- (a) any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and
- (b) the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to subsection (5)) constitute a gift to the party for the purposes of subsection (2)(a).
- (4) In determining—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) for the purposes of subsection (2)(f), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of . . . the provision of the property, services or facilities.
- (5) Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(b) and by virtue of any other provision of this section, subsection (2)(b) (together with section 51) shall apply in relation to it to the exclusion of the other provision of this section.
- (6) Anything given or transferred to any officer, member, trustee or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).
- (7) Except so far as a contrary intention appears, references to a registered party in the context of—
- (a) the making of donations to, or the receipt or acceptance of donations by, a registered party, or
- (b) any provision having effect for or in connection with determining what constitutes a donation to such a party,
shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.
- (8) In this section—
- (a) any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;
- (b) “gift” includes bequest.
- (9) Nothing in this Part applies in relation to donations received by a minor party.
Sponsorship
51
- (1) For the purposes of this Part sponsorship is provided in relation to a registered party if—
- (a) any money or other property is transferred to the party or to any person for the benefit of the party, and
- (b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
- (i) to help the party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or
- (ii) to secure that to any extent any such expenses are not so incurred.
- (2) In subsection (1) “defined expenses” means expenses in connection with—
- (a) any conference, meeting or other event organised by or on behalf of the party;
- (b) the preparation, production or dissemination of any publication by or on behalf of the party; or
- (c) any study or research organised by or on behalf of the party.
- (3) The following do not, however, constitute sponsorship by virtue of subsection (1)—
- (a) the making of any payment in respect of—
- (i) any charge for admission to any conference, meeting or other event, or
- (ii) the purchase price of, or any other charge for access to, any publication;
- (b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication;
and subsection (1) also has effect subject to section 52(3).
- (4) The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).
- (5) In this section “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).
Payments, services etc. not to be regarded as donations
52
- (1) For the purposes of this Part none of the following shall be regarded as a donation—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any grant under section 170 of the Criminal Justice and Public Order Act 1994 (security costs at party conferences);
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the transmission by a broadcaster, free of charge, of a party political broadcast or a referendum campaign broadcast (within the meaning of section 127);
- (e) any other facilities provided in pursuance of any right conferred on candidates or a party at an election or a referendum by any enactment;
- (f) the provision of assistance by a person appointed under section 9 of the Local Government and Housing Act 1989;
- (g) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge;
- (h) any interest accruing to a registered party in respect of any donation which is dealt with by the party in accordance with section 56(2)(a) or (b).
- (2) For the purposes of this Part there shall be disregarded—
- (a) any donation which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election; and
- (b) . . . any donation whose value (as determined in accordance with section 53) is not more than £500.
- (3) Nothing in section 50 or 51 shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Value of donations
53
- (1) The value of any donation falling within section 50(2)(a) (other than money) shall be taken to be the market value of the property in question.
- (2) Where, however, section 50(2)(a) applies by virtue of section 50(3), the value of the donation shall be taken to be the difference between—
- (a) the value of the money, or the market value of the property, in question, and
- (b) the total value in monetary terms of the consideration provided by or on behalf of the party.
- (3) The value of any donation falling within section 50(2)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section 51(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.
- (4) The value of any donation falling within section 50(2)(f) shall be taken to be the amount representing the difference between—
- (a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of . . . the provision of the property, services or facilities if—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) the property, services or facilities had been provided,
on commercial terms, and
- (b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party.
- (5) Subsection (6) applies where a donation such as is mentioned in subsection (3) confers an enduring benefit on the party during the whole or part of—
- (a) any period for which a report is to be prepared under this Part, or
- (b) two or more such periods.
- (6) In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of the period to which the report relates.
Chapter II — Restrictions on donations to registered parties
Permissible donations
Permissible donors
54
- (1) A donation received by a registered party must not be accepted by the party if—
- (a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or
- (b) the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.
- (2) For the purposes of this Part the following are permissible donors—
- (a) an individual registered in an electoral register;
- (b) a company—
- (i) registered under the Companies Act 2006, and
- (ii) incorporated within the United Kingdom ...,
which carries on business in the United Kingdom;
- (c) a registered party...;
- (d) a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;
- (e) a building society (within the meaning of the Building Societies Act 1986);
- (f) a limited liability partnership registered under the Limited Liability Partnerships Act 2000 . . . which carries on business in the United Kingdom;
- (g) a friendly society registered under the Friendly Societies Act 1974 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969; and
- (h) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a donation—
- (a) on behalf of himself and one or more other persons, or
- (b) on behalf of two or more other persons,
then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £500 shall be treated as if it were a separate donation received from that person.
- (5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party is given—
- (a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation; and
- (b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.
- (6) Where—
- (a) any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and
- (b) the amount of that donation is more than £500 ,
the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation.
- (7) A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).
- (8) In this section “electoral register” means ...—
- (a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the People Act 1983;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payments etc. which are (or are not) to be treated as donations by permissible donors
55
- (1) The following provisions have effect for the purposes of this Part.
- (2) Any payment out of public funds received by a registered party shall (subject to section 52(1)(b)) be regarded as a donation received by the party from a permissible donor.
- (3) Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—
- (a) the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and
- (b) the amount of the donation does not exceed a reasonable amount in respect of such costs.
- (4) In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—
- (a) travelling between the United Kingdom and the country or territory in question, or
- (b) travelling, accommodation or subsistence while within that country or territory.
- (5) Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not—
- (a) an exempt trust donation, or
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are—
- (i) persons who at the time of its receipt by the party are permissible donors, or
- (ii) the members of an unincorporated association which at that time is a permissible donor,
shall be regarded as a donation received by the party from a person who is not a permissible donor.
Acceptance or return of donations: general
56
- (1) Where—
- (a) a donation is received by a registered party, and
- (b) it is not immediately decided that the party should (for whatever reason) refuse the donation,
all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation.
- (2) If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then—
- (a) unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,
- (b) if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,
within the period of 30 days beginning with the date when the donation is received by the party.
- (3) Where—
- (a) subsection (2)(a) applies in relation to a donation, and
- (b) the donation is not dealt with in accordance with that provision,
the party and the treasurer of the party are each guilty of an offence.
- (3A) Where a party or its treasurer is charged with an offence under subsection (3), it shall be a defence to prove that—
- (a) all reasonable steps were taken by or on behalf of the party to verify (or ascertain) whether the donor was a permissible donor, and
- (b) as a result, the treasurer believed the donor to be a permissible donor.
- (4) Where—
- (a) subsection (2)(b) applies in relation to a donation, and
- (b) the donation is not dealt with in accordance with that provision,
the treasurer of the party is guilty of an offence.
- (5) For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—
- (a) the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and
- (b) a record can be produced of the receipt of the donation and—
- (i) of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or
- (ii) of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),
as the case may be.
- (6) Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.
Return of donations where donor unidentifiable
57
- (1) For the purposes of section 56(2)(b) the required steps are as follows—
- (a) if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person;
- (b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and
- (c) in any other case, to send the donation to the Commission.
- (2) In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body.
- (3) Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.
Forfeiture of certain donations
Forfeiture of donations made by impermissible or unidentifiable donors
58
- (1) This section applies to any donation received by a registered party—
- (a) which, by virtue of section 54(1)(a) or (b), the party are prohibited from accepting, but
- (b) which has been accepted by the party.
- (2) The court may, on an application made by the Commission, order the forfeiture by the party of an amount equal to the value of the donation.
- (3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings.
- (4) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
- (5) In this section “the court” means—
- (a) in relation to England and Wales, a magistrates’ court;
- (b) in relation to Scotland, the sheriff; and
- (c) in relation to Northern Ireland, a court of summary jurisdiction;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and proceedings on an application under this section to the sheriff shall be civil proceedings.
Appeal against order under section 58
59
- (1) Subsection (2) applies where an order (“the forfeiture order”) is made under section 58 by a magistrates’ court or a court of summary jurisdiction in Northern Ireland.
- (2) The registered party may, before the end of the period of 30 days beginning with the date on which the forfeiture order is made, appeal to the Crown Court or, in Northern Ireland, to a county court.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) An appeal under subsection (2) shall be by way of a rehearing; and the court hearing such an appeal may make such order as it considers appropriate.
- (4) Subsections (3) and (4) of section 58 apply in relation to a rehearing on an appeal under subsection (2) as they apply in relation to proceedings under that section.
- (5) Where an order is made under section 58 by the sheriff, the registered party may appeal against the order to the Court of Session.
Supplementary provisions about orders under section 58
60
- (1) Provision may be made by rules of court—
- (a) with respect to applications or appeals to any court under section 58 or 59,
- (b) for the giving of notice of such applications or appeals to persons affected,
- (c) for the joinder, or in Scotland sisting, of such persons as parties,
and generally with respect to the procedure under those sections before any court.
- (2) Subsection (1) is without prejudice to the generality of any existing power to make rules.
- (3) Any amount forfeited by an order under section 58 or 59 shall be paid into the Consolidated Fund.
- (4) Subsection (3) does not apply—
- (a) where an appeal is made under section 59(2) or (5), before the appeal is determined or otherwise disposed of; and
- (b) in any other case—
- (i) where the forfeiture was ordered by a magistrates’ court or a court of summary jurisdiction in Northern Ireland ..., before the end of the period of 30 days mentioned in section 59(2); or
- (ii) where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 59(5) must be made.
- (5) In the case of a registered party which is not a body corporate—
- (a) proceedings under section 58 or 59 shall be brought against or by the party in its own name (and not in that of any of its members);
- (b) for the purposes of any such proceedings any rules of court relating to the service of documents apply as if the party were a body corporate; and
- (c) any amount forfeited by an order under section 58 or 59 shall be paid out of the funds of the party.
Evasion of restrictions on donations
Offences concerned with evasion of restrictions on donations
61
- (1) A person commits an offence if he—
- (a) knowingly enters into, or
- (b) knowingly does any act in furtherance of,
any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a registered party by any person or body other than a permissible donor.
- (2) A person commits an offence if—
- (a) he knowingly gives the treasurer of a registered party any information relating to—
- (i) the amount of any donation made to the party, or
- (ii) the person or body making such a donation,
which is false in a material particular; or
- (b) with intent to deceive, he withholds from the treasurer of a registered party any material information relating to a matter within paragraph (a)(i) or (ii).
Chapter III — Reporting of donations to registered parties
Reports to be made by registered parties
Quarterly donation reports
62
- (1) The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods—
- (a) January to March;
- (b) April to June;
- (c) July to September;
- (d) October to December.
- (2) In this section—
- “donation report” means a report prepared under subsection (1);
- “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates.
- (3) The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”.
- (3A) “Relevant benefit”, in relation to any person and any year, means—
- (a) a relevant donation accepted by the party from that person as a donor, or
- (b) a relevant transaction within the meaning of section 71M(3) entered into by the party and that person as a participant,
and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction).
- (4) Where no previous relevant benefit or benefits has or have been required to be recorded under this subsection or section 71M(4), a relevant donation must be recorded—
- (a) if it is a donation of more than £11,180, or
- (b) if, when it is added to any other relevant benefit or benefits, the aggregate amount of the benefits is more than £11,180.
- (5) A donation to which subsection (4) applies must—
- (a) (if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or
- (b) (if within paragraph (b) of that subsection) be recorded (together with any other relevant donation or donations included in the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the benefit which causes that aggregate amount to be more than £11,180 accrues.
- (6) Where any previous relevant benefit or benefits has or have been required to be recorded under subsection (4) or section 71M(4), a relevant donation must be recorded at the point when there has or have been accepted—
- (a) since the benefit or benefits required to be recorded under that provision, or
- (b) if any relevant benefit or benefits has or have previously been required to be recorded under this subsection or section 71M(6), since the benefit or benefits last required to be so recorded,
any relevant donation falling within subsection (6A).
- (6A) A relevant donation falls within this subsection—
- (a) if it is a donation of more than £2,230, or
- (b) if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than £2,230.
- (7) A donation to which subsection (6) applies on any occasion must—
- (a) if it is the only benefit required to be recorded on that occasion, be recorded in the donation report for the reporting period in which it is accepted, or
- (b) in any other case be recorded (together with any other relevant donation or donations included in the aggregate amount mentioned in subsection (6A)) in the donation report for the reporting period in which the benefit which causes that aggregate amount to be more than £2,230 accrues.
- (8) For the purposes of subsections (4) to (7) as they apply in relation to any year—
- (a) each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and
- (b) each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;
and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.
- (9) A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2).
- (10) If during any reporting period—
- (a) no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and
- (b) no donations have been dealt with as mentioned in subsection (9),
the report shall contain a statement to that effect.
- (11) Where a registered party is a party with accounting units, subsections (3) to (10) shall apply separately in relation to the central organisation of the party and each of its accounting units—
- (a) as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but
- (b) with the substitution, in relation to such an accounting unit, of “£2,230” for “£11,180” in each place where it occurs in subsections (4) and (5).
- (12) However, for the purposes of subsections (3) to (7) in their application in relation to the central organisation and any year by virtue of subsection (11), any donation—
- (a) which is accepted from a permissible donor by any of the accounting units during that year, but
- (b) which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a donation accepted by the accounting unit,
shall be treated as a donation accepted from the donor during that year by the central organisation.
- (13) Schedule 6 has effect with respect to the information to be given in donation reports.
Weekly donation reports during general election periods
63
- (1) Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods—
- (a) the period of seven days beginning with the first day of the general election period;
- (b) each succeeding period of seven days falling within the general election period; and
- (c) any final period of less than seven days falling within that period.
- (2) In this section—
- “weekly report” means a report prepared under subsection (1);
- “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates.
- (3) The weekly report for any reporting period shall record each donation of more than £11,180 received during that period—
- (a) by the party (if it is not a party with accounting units); or
- (b) by the central organisation of the party (if it is a party with accounting units).
- (4) If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect.
- (5) Schedule 6 has effect with respect to the information to be given in weekly reports.
- (6) In this section and section 64 “general election period” means the period—
- (a) beginning with the date on which Parliament is dissolved ... for a parliamentary general election, and
- (b) ending with the date of the poll.
Exemptions from section 63
64
- (1) Section 63(1) shall not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration which covers the general election in question.
- (2) A registered party shall be taken to have made an exemption declaration which covers a particular general election if a declaration that the party does not intend to have any candidates at that election—
- (a) is signed by the responsible officers of the party; and
- (b) is sent to the Commission within the period of seven days beginning with the date mentioned in section 63(6)(a).
- (3) A registered party shall also be taken to have made an exemption declaration which covers a particular general election if the party’s application for registration was accompanied by a declaration that the party was not intending to have candidates at parliamentary elections and either—
- (a) the poll for the general election in question takes place within the period of twelve months beginning with the date of its registration; or
- (b) the declaration has been confirmed in the party’s most recent notification given to the Commission under section 32 and the poll for the general election in question takes place within the period of twelve months beginning with the date when that notification was so given.
- (4) An exemption declaration shall, however, not cover a particular general election if the party in question withdraws its declaration by a notice—
- (a) signed by the responsible officers of the party, and
- (b) sent to the Commission,
before the beginning of the general election period.
- (5) Where—
- (a) a registered party has made an exemption declaration which (apart from this subsection) would cover a particular general election, but
- (b) the party has one or more candidates at that election,
the exemption declaration shall be treated as if it had been withdrawn at the beginning of the general election period (and the requirements of section 63 shall accordingly apply retrospectively as from the beginning of that period).
- (6) Subsection (3) shall apply to a party registered immediately before the date on which this section comes into force as if it referred to a declaration in the terms mentioned in that subsection having been—
- (a) signed by the responsible officers of the party, and
- (b) sent to the Commission within the period of six weeks beginning with that date.
- (7) For the purposes of this section “the responsible officers” are—
- (a) the registered leader;
- (b) the registered nominating officer; and
- (c) where the leader and the nominating officer are the same person, any other registered officer.
- (8) If any responsible officer is unable to sign a declaration or notice for the purposes of any provision of this section—
- (a) the holder of some other office in the party may sign in his place, and
- (b) the declaration or notice must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.
- (9) For the purposes of this section and section 65 a registered party shall be taken to have a candidate at a general election if any statement published, in connection with the election, under rule 14 of the rules set out in Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) contains the name of a candidate standing in the name of the party.
Submission of donation reports to Commission
65
- (1) A donation report under section 62 shall be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates.
- (2) A donation report under section 63 shall be delivered to the Commission by the treasurer of the party in question—
- (a) within the period of 7 days beginning with the end of the reporting period to which it relates; or
- (b) (if that is not possible in the case of any party to which section 63(1) applies by virtue of section 64(5)) within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.
- (2A) If a donation report under section 62 or 63 states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the report must be accompanied by a copy of the evidence.
- (3) The treasurer of a registered party commits an offence , without reasonable excuse, if he fails to comply with the requirements of subsection (1) or (2) in relation to a donation report.
- (4) The treasurer of a registered party also commits an offence if , without reasonable excuse, he delivers a donation report to the Commission which does not comply with any requirements of this Part as regards the recording of donations in such a report.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to a registered party was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the party of an amount equal to the value of the donation.
- (7) The following provisions, namely—
- (a) subsections (3) to (5) of section 58, and
- (b) sections 59 and 60,
shall apply for the purposes, or in connection with the operation, of subsection (6) above as they apply for the purposes, or in connection with the operation, of section 58.
- (8) Section 64(9) applies for the purposes of this section.
Declaration by treasurer in donation report
66
- (1) Each donation report under section 62 or 63 must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4).
- (2) In the case of a report under section 62 (other than one making a nil return), the declaration must state that, to the best of the treasurer’s knowledge and belief—
- (a) all the donations recorded in the report as having been accepted by the party are from permissible donors, and
- (b) during the reporting period—
- (i) no other donations required to be recorded in the report have been accepted by the party, and
- (ii) no donation from any person or body other than a permissible donor has been accepted by the party.
- (3) For the purposes of subsection (2) a return under section 62 makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section; and in the case of such a report the declaration must state that, to the best of the treasurer’s knowledge and belief—
- (a) that statement is accurate; and
- (b) during the reporting period no donation from any person or body other than a permissible donor has been accepted by the party.
- (4) In the case of a report under section 63, the declaration must state that, to the best of the treasurer’s knowledge and belief, no donations have been received by the party, or (if section 63(3)(b) applies) by its central organisation, during the reporting period which—
- (a) are required to be recorded in the report, but
- (b) are not so recorded.
- (5) A person commits an offence if he knowingly or recklessly makes a false declaration under this section.
Extension of reporting requirements
Weekly donation reports in connection with elections other than general elections
67
- (1) The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for—
- (a) sections 63 and 64, together with Schedule 6,
- (b) sections 65 and 66, and
- (c) section 147 so far as applying in relation to section 65(1) or (2),
to apply in relation to the specified election period in the case of one or more relevant elections with such modifications as are specified in the order.
- (2) In this section—
- (a) “specified election period”, in relation to a relevant election, means such period ending with the date of the poll for the election as may be specified in an order under subsection (1);
- (b) “relevant election” means—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) an election to the Scottish Parliament;
- (iii) an election to Senedd Cymru; ...
- (iv) an election to the Northern Ireland Assembly; or
- (v) an election of a police and crime commissioner.
Reports to be made by donors
Reporting of multiple small donations
68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Register of donations
Register of recordable donations
69
- (1) The Commission shall maintain a register of all donations reported to them under this Chapter.
- (2) The register shall be maintained by the Commission in such form as they may determine and shall contain the following details in the case of each such donation—
- (a) the amount or value of the donation;
- (aa) whether the donation is in the form of sponsorship (within the meaning of section 51);
- (b) (subject to subsection (4)) such other details as have been given in relation to the donation in pursuance of paragraph 2, 2A, 3, 3A, 6 or 7(a) or (c) of Schedule 6; and
- (c) the relevant date for the donation within the meaning of paragraph 5 of that Schedule, and (in the case of a donation falling within sub-paragraph (2) of that paragraph) the details given in pursuance of that sub-paragraph.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The details required by virtue of subsection (2) . . . do not include, in the case of any donation by an individual, the donor’s address.
- (5) Where any donation or donations is or are reported to the Commission under this Chapter, they shall cause the details mentioned in subsection (2) . . . to be entered in the register in respect of the donation or donations as soon as is reasonably practicable.
Chapter IV — Power to make special provision
Special provision for Northern Ireland parties
70
- (1) The Secretary of State may by order make provision—
- (a) for extending—
- (i) in relation to a Northern Ireland party, and
- (ii) for such period as is specified,
the categories of permissible donors specified in section 54(2);
- (b) for disapplying any specified provisions of this Part, for such period as is specified, in relation to a Northern Ireland party.
- (2) An order under subsection (1) may provide for any specified provisions of this Part to apply, in connection with any provision made by the order in pursuance of paragraph (a) or (b) of that subsection, with such modifications as may be specified.
- (3) Each order under subsection (1) shall be so made as to—
- (a) apply to every Northern Ireland party, and
- (b) make the same provision with respect to every such party.
- (4) Any period specified in an order under subsection (1)(a) or (b) must end not later than four years after the date on which the order comes into force, but this is without prejudice to the making (on one or more occasions) of a further such order which—
- (a) extends that period for a period ending not later than four years after the date on which the further order comes into force, or
- (b) specifies a fresh such period.
- (5) Where—
- (a) at a time when any order is in force under subsection (1) a donation is received by a registered party which is registered in the Great Britain register, and
- (b) the order provides for this subsection to apply to any such donation,
section 54(2)(c) shall have effect in relation to the donation as if it referred only to a registered party which is registered in that register.
- (6) In this section—
- “Northern Ireland party” means a party registered in the Northern Ireland register;
- “specified” means specified in an order under subsection (1).
Chapter V — Control of donations to individuals and members associations
Control of donations to individuals and members associations
71
Schedule 7, which makes provision for controlling donations to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.
Part V — Control of campaign expenditure
Preliminary
Campaign expenditure
72
- (1) The following provisions have effect for the purposes of this Part.
- (2) “Campaign expenditure”, in relation to a registered party, means (subject to subsection (7)) expenses incurred by or on behalf of the party which are expenses falling within Part I of Schedule 8 and so incurred for election purposes.
- (3) “Election campaign”, in relation to a registered party, means a campaign conducted by the party for election purposes.
- (4) “For election purposes”, in relation to a registered party, means for the purpose of or in connection with—
- (a) promoting or procuring electoral success for the party at any relevant election, that is to say, the return at any such election of candidates—
- (i) standing in the name of the party, or
- (ii) included in a list of candidates submitted by the party in connection with the election; or
- (b) otherwise enhancing the standing—
- (i) of the party, or
- (ii) of any such candidates,
with the electorate in connection with future relevant elections (whether imminent or otherwise).
- (5) For the purposes of subsection (4)—
- (a) the reference to doing any of the things mentioned in paragraph (a) or (as the case may be) paragraph (b) of that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates;
- (b) a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate; and
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