Political Parties, Elections and Referendums Act 2000

Type Public General Act
Publication 2000-11-30
Last updated 2026-04-06
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (2) The Commission shall, for each financial year, prepare accounts in accordance with directions given to the Commission by the Treasury.
  • (3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—
  • (a) the information to be contained in the accounts and the manner in which it is to be presented,
  • (b) the methods and principles in accordance with which the accounts are to be prepared, and
  • (c) the additional information (if any) that is to accompany the accounts.

Audit

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  • (1) The accounts prepared by the Commission for any financial year shall be submitted by the Commission to—
  • (a) the Comptroller and Auditor General, and
  • (b) the Speaker’s Committee and the Llywydd's Committee,

as soon after the end of the financial year as may be practicable.

  • (2) The Comptroller and Auditor General shall—
  • (a) examine and certify any accounts submitted to him under this paragraph, and
  • (b) lay before each House of Parliament and Senedd Cymru a copy of the accounts as certified by him together with his report on them.
  • (3) As soon as is reasonably practicable after the Comptroller and Auditor General has certified the Commission's accounts and laid a copy of the accounts as so certified before each House of Parliament under sub-paragraph (2), the Commission must—
  • (a) submit a copy of the accounts as so certified to the Scottish Parliamentary Corporate Body, and
  • (b) lay a copy of the accounts as so certified before the Scottish Parliament.
  • (3) The Llywydd's Committee may submit to the Auditor General for Wales any accounts that have been certified and laid before Senedd Cymru under sub-paragraph (2).
  • (4) The Auditor General for Wales must—
  • (a) carry out a further examination of any accounts submitted under sub-paragraph (3), so far as they relate to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums, and
  • (b) prepare and lay before Senedd Cymru a report on the accounts so far as they relate to the exercise of those functions.

Accounting officer

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  • (1) The Speaker’s Committee shall designate a member of the Commission’s staff to be the Commission’s accounting officer.
  • (2) The Commission’s accounting officer shall have, in relation to the Commission’s accounts and finances, the responsibilities that are from time to time specified by the Speaker’s Committee.
  • (3) In this paragraph references to responsibilities include in particular—
  • (a) responsibilities in relation to the signing of accounts;
  • (b) responsibilities for the propriety and regularity of the Commission’s finances; and
  • (c) responsibilities for the economy, efficiency and effectiveness with which the Commission’s resources are used.
  • (4) The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker’s Committee, the Scottish Parliament, the Scottish Parliamentary Corporate Body , the Llywydd's Committee or the House of Commons or its Committee of Public Accounts.
  • (5) In this paragraph any reference to the Public Accounts Committee of the House of Commons shall, if—
  • (a) the name of the Committee is changed, or
  • (b) the functions of the Committee at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons,

be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.

  • (6) The Secretary of State may designate any member of the Commission’s staff or other person to be the Commission’s accounting officer until such time as the first designation made under sub-paragraph (1) takes effect.

Reports

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  • (1) The Commission shall, as soon after the end of each financial year as may be practicable, prepare and lay before each House of Parliament a report about the performance of the Commission’s functions during that financial year.
  • (1A) The reference in sub-paragraph (1) to the Commission's functions does not include the Commission's functions in relation to devolved Welsh elections or devolved Welsh referendums.
  • (2) The Commission shall, on so laying such a report, publish the report in such manner as they determine.
  • (3) The functions referred to in sub-paragraph (1) do not include the Commission's devolved Scottish functions.

Notification of Commission regulations

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  • (1) If the Commission make any regulations, they must give a copy to the Secretary of State without delay.
  • (2) If the Commission alter or revoke any regulations, they must give notice to the Secretary of State without delay.
  • (3) Notice of an alteration must include details of the alteration.

Regulation-making instruments

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  • (1) Any power conferred on the Commission to make regulations is exercisable in writing.
  • (2) An instrument by which regulations are made by the Commission (“a regulation-making instrument”) must specify the provision under which the regulations are made.
  • (3) To the extent to which a regulation-making instrument does not comply with sub-paragraph (2), it is void.
  • (4) Immediately after a regulation-making instrument is made, it must be printed and made available to the public.
  • (5) The Commission may charge a reasonable fee for providing a person with a copy of a regulation-making instrument.
  • (6) A person is not to be taken to have contravened any regulation made by the Commission if he shows that at the time of the alleged contravention the regulation-making instrument concerned had not been made available in accordance with this paragraph.
  • (7) Any power of the Commission to make regulations includes power to make different provision for different cases.

Verification of regulations

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  • (1) The production of a printed copy of a regulation-making instrument purporting to be made by the Commission—
  • (a) on which is endorsed a certificate signed by a member of the Commission’s staff authorised by the Commission for that purpose, and
  • (b) which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

  • (2) The required statements are—
  • (a) that the instrument was made by the Commission;
  • (b) that the copy is a true copy of the instrument; and
  • (c) that on a specified date the instrument was made available to the public in accordance with paragraph 22(4).
  • (3) A certificate purporting to be signed as mentioned in sub-paragraph (1) is to be taken to have been properly signed unless the contrary is shown.
  • (4) A person who wishes in any legal proceedings to rely on a regulation-making instrument may require the Commission to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (1).

Documentary evidence

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A document purporting to be—

  • (a) duly executed under the seal of the Commission, or
  • (b) signed on behalf of the Commission ...,

shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.

Interpretation

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  • (1) In this Schedule “delegate” includes further delegate.
  • (2) In this Schedule—
  • “devolved Welsh election” means—a general election of members of Senedd Cymru;...a local government election in Wales;
  • “devolved Welsh referendum” means a referendum held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements);
  • “the Llywydd's Committee” means the Committee established in accordance with paragraph 16A(5).
  • (2) In this schedule, “devolved Scottish functions”, in relation to the Commission, has the meaning given in paragraph 14A(8).

SCHEDULE 2

Reports

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  • (1) The Speaker’s Committee shall, at least once in each year, make to the House of Commons a report on the exercise by the Committee of their functions.
  • (2) For the purposes of the law of defamation the publication of any matter by the Speaker’s Committee in making such a report shall be absolutely privileged.

Term of office of Committee members

2
  • (1) In this paragraph “appointed member” means a member of the Speaker’s Committee other than—
  • (a) the Speaker of the House of Commons;
  • (b) the member who is the Chairman of the Home Affairs Committee of the House of Commons; or
  • (c) the member who is the Secretary of State for Housing, Communities and Local Government.
  • (1A) The reference in sub-paragraph (1)(c) to the member who is the Secretary of State for Housing, Communities and Local Government does not include any member appointed under section 2(2A).
  • (2) An appointed member shall cease to be a member of the Speaker’s Committee if—
  • (a) he ceases to be a Member of the House of Commons; or
  • (b) another person is appointed to be a member of the Committee in his place.
  • (3) An appointed member may resign from the Committee at any time by giving notice to the Speaker.
  • (4) Subject to sub-paragraphs (2) and (3), an appointed member shall be a member of the Committee for the duration of the Parliament in which he is appointed.
  • (5) An appointed member may be re-appointed (or further re-appointed) to membership of the Committee.

Committee proceedings

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  • (1) The Speaker’s Committee may determine their own procedure.
  • (2) The validity of any proceedings of the Committee shall not be affected by—
  • (a) any vacancy among, or
  • (b) any defect in the appointment of any of,

the members of the Committee.

  • (3) The Committee may appoint a member of the Committee to act as chairman at any meeting of the Committee in the absence of the Speaker.

SCHEDULE 3

Part I — Amendments of Parliamentary Constituencies Act 1986

Preliminary

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Duty to keep under review, and report on, parliamentary representation

2

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Functions of Boundary Committees

3

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Implementation of Commission’s reports

4

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Notices relating to proposed reports or recommendations

5

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Local inquiries

6

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Rules for redistribution of seats

7

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Part II — Amendments of other Acts

Government of Wales Act 1998 (c. 38)

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Scotland Act 1998 (c. 46)

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SCHEDULE 4

Part I — Application for registration

Introductory

1
  • (1) Paragraphs 2 to 7 must be complied with in relation to an application under section 28.
  • (2) Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.
  • (3) In the following provisions of this Part of this Schedule “an application” means an application under section 28.

Names

2
  • (1) An application for registration in the Great Britain register must specify either—
  • (a) a name to be the party’s registered name, or
  • (b) a name in Welsh and a name in English to be the party’s registered names.
  • (2) If a name to be registered in that register is in a language other than English or Welsh, the application must include an English translation.
  • (3) An application for registration in the Northern Ireland register must specify either—
  • (a) a name to be the party’s registered name, or
  • (b) a name in Irish and a name in English to be the party’s registered names.
  • (4) If a name to be registered in that register is in a language other than English or Irish, the application must include an English translation.

Headquarters

3
  • (1) An application must specify—
  • (a) the address of the party’s headquarters, or
  • (b) if the party has no headquarters, an address to which communications to the party may be sent.
  • (2) Where the party is a party with accounting units, any reference to the party in sub-paragraph (1) above is to be read as a reference to the central organisation.

Registered officers

4
  • (1) An application must give the name and home address of each of the following—
  • (a) a person to be registered as the party’s leader;
  • (b) a person to be registered as the party’s nominating officer;
  • (c) a person to be registered as the party’s treasurer.
  • (2) If the application is for the party to be registered as a party with a campaigns officer, the application must also give the name and home address of a person to be registered as the party’s campaigns officer.
  • (3) If the person to be registered as the party’s leader is (as mentioned in section 24(2)) the leader of the party for some particular purpose, the application must specify that purpose.
  • (4) If one person is named in an application as leader, nominating officer and treasurer, the application must also give the name and home address of the holder of some other specified office in the party.

Party organisation

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  • (1) An application must be accompanied by—
  • (a) a copy of the party’s constitution (within the meaning of section 26); and
  • (b) a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section.
  • (2) Where the party is a party with accounting units, the application must state in relation to each accounting unit—
  • (a) the name of the accounting unit and of its treasurer and of the officer to be registered for the purposes of section 27(3), and
  • (b) the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.

Additional information

6

An application must include any other information prescribed by regulations made by the Commission.

Signature

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  • (1) An application must be signed—
  • (a) by the proposed registered leader or registered nominating officer,
  • (b) by the proposed registered treasurer, and
  • (c) (if the application is for the party to be registered as a party with a campaigns officer) by the proposed registered campaigns officer,

and must include a declaration by each person signing the application that he is authorised to sign it on behalf of the party.

  • (2) An application may be signed by the same person in his capacity as proposed registered leader or registered nominating officer and in his capacity as proposed registered treasurer or as proposed registered campaigns officer, but in that case it must be apparent from the application that he is signing it in both of those capacities.

Part II — Application for alteration of entry

Introductory

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  • (1) Paragraph 9 and (if applicable) paragraph 10 must be complied with in relation to an application under section 30.
  • (2) Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.
  • (3) In paragraphs 9 and 10 “an application” means an application under section 30.

Signature

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  • (1) Subject to sub-paragraph (3), an application must be signed by the responsible officers of the party.
  • (2) For the purposes of this paragraph “the responsible officers” are—
  • (a) the registered leader;
  • (b) the registered nominating officer;
  • (c) the registered treasurer;
  • (d) where the leader, the nominating officer and the treasurer are the same person, any other registered officer.
  • (3) If any responsible officer is unable to sign an application—
  • (a) the holder of some other office in the party may sign in his place, and
  • (b) the application 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.

Details of campaigns officer

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If an application is for the addition of a statement that the party is registered as a party with a campaigns officer, the application must—

  • (a) give the name and home address of the person who is to be registered as the party’s campaigns officer; and
  • (b) be accompanied by a declaration of acceptance of office signed by that person.

Part III — Application for registration of replacement officer

Introductory

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  • (1) Paragraphs 12 and 13 must be complied with in relation to an application under section 31(3)(a).
  • (2) In paragraphs 12 and 13 “an application” means an application under section 31(3)(a).

Details of replacement etc. officers

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  • (1) If as a result of an application one person will be registered as leader, nominating officer and treasurer, the application must request the addition of the name of the holder of some other specified office in the party.
  • (2) If an application requests—
  • (a) the substitution of the name of a leader, nominating officer, treasurer or other officer, or
  • (b) an addition in accordance with sub-paragraph (1),

the application must give the home address of the person whose name is to be substituted or added.

Signature

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  • (1) Subject to sub-paragraph (3), an application must be signed by—
  • (a) each person (other than the person to be registered in pursuance of the application) who is one of the responsible officers of the party; and
  • (b) the person who is to be so registered.
  • (2) For the purposes of this paragraph “the responsible officers” has the same meaning as in paragraph 9.
  • (3) If any such person as is mentioned in sub-paragraph (1)(a) is unable to sign an application—
  • (a) the holder of some other office in the party may sign in his place, and
  • (b) the application must include a statement of the reason why the person in question is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

Part IV — Application for removal of entry

Signature

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Paragraph 9 above shall apply in relation to an application under section 33 as it applies in relation to an application under section 30.

SCHEDULE 5

Introductory

1
  • (1) This Schedule provides for the application of sections 41 to 48 in a case where a registered party is a party with accounting units.
  • (2) For the purposes of this Schedule all or any of the following are financial matters relating to a party or (as the case may be) an accounting unit, namely—
  • (a) its transactions and financial position; and
  • (b) its assets and liabilities.
  • (3) For the purposes of this Schedule, and any provision as applied by this Schedule, an accounting unit’s financial year is the same as that of the party.
  • (4) In this Schedule “treasurer”, in relation to an accounting unit, means the person specified in the Great Britain or Northern Ireland register as the unit’s treasurer.
  • (5) If any question arises under this Schedule as to whether, in relation to any matter, anything falls to be done by the treasurer of a party or by the treasurer of an accounting unit, it shall be determined by the Commission.

Accounting records

2
  • (1) Section 41—
  • (a) shall not impose any duty on the treasurer of the party in relation to any financial matters relating to any accounting unit; but
  • (b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the keeping and preservation of proper accounting records with respect to financial matters relating to the unit.
  • (2) In its application in relation to an accounting unit, section 41(5) shall be read as if the reference to the last treasurer of the party were to the last treasurer of the unit.

Annual statements of accounts

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  • (1) Section 42—
  • (a) shall not impose any duty on the treasurer of the party in relation to any financial matter relating to any accounting unit; but
  • (b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the preparation, in respect of each financial year, of a statement of accounts relating to financial matters relating to the unit.
  • (2) In its application in relation to any such statement of accounts, section 42(2)(b) shall be read as requiring approval—
  • (a) by the management committee of the unit, if there is one; and
  • (b) otherwise by an officer of the unit other than its treasurer.
  • (3) In its application in relation to a party with accounting units or (as the case may be) to any accounting unit, section 42(4)(a) shall be read as if the reference to the gross income or total expenditure of the party were—
  • (a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or
  • (b) to the gross income or total expenditure of the unit,

as the case may be.

Annual audits

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  • (1) Section 43 shall apply in relation to any accounting unit and its treasurer as it applies in relation to the party and its treasurer.
  • (2) In its application in relation to the party or (as the case may be) to any accounting unit, section 43(1) or (2) shall be read as if the reference to the gross income or total expenditure of the party were—
  • (a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or
  • (b) to the gross income or total expenditure of the unit,

as the case may be.

Supplementary provisions about auditors

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  • (1) Section 44 shall apply in relation to any accounting unit and the treasurer, or any other officer, of any such unit as it applies in relation to the party and the treasurer, or any other officer, of the party.
  • (2) In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.

Submission of statements of accounts etc. to Commission

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  • (1) In the case of any accounting unit whose gross income or total expenditure in a financial year exceeds £25,000, section 45 shall (except so far as it relates to any notification under section 32) apply in relation to the accounting unit and the treasurer of the unit as it applies in relation to the party and the treasurer of the party.
  • (2) If the Commission in the case of any other accounting unit at any time so require by notice in relation to any financial year, the treasurer of the unit shall no later than the relevant date send the Commission—
  • (a) the statement of accounts prepared for that year in accordance with paragraph 3, and
  • (b) if the unit’s accounts for that year have been audited in accordance with paragraph 4, a copy of the auditor’s report.
  • (3) In sub-paragraph (2) “the relevant date” means—
  • (a) if the unit’s accounts for the financial year are not required to be audited in accordance with paragraph 4, the end of the period of three months from the end of that year or (if later) the end of the period of 30 days beginning with the day when the requirement under sub-paragraph (2) is imposed;
  • (b) if the unit’s accounts for that year are required to be so audited, the end of the period of six months from the end of that year or (if later) the end of the period of three months beginning with the date when the requirement under sub-paragraph (2) is imposed.
  • (4) 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 paragraph for sending a unit’s documents within sub-paragraph (2) for any financial year, by notice extend that period by a further period specified in the notice.
  • (5) Any reference to section 45 in any of sections 46 to 48 (as they apply in accordance with this Schedule) shall be read as including a reference to sub-paragraph (2) above.

Public inspection of parties’ statements of accounts

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Section 46 shall apply in relation to any statement of accounts received by the Commission from an accounting unit as it applies in relation to a statement of accounts received by them from the party.

Criminal penalty for failure to submit proper statement of accounts etc.

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  • (1) Subject to sub-paragraph (2), section 47 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
  • (2) In a case where paragraph 6(2) applies—
  • (a) subsection (4) of section 47 shall not apply, and
  • (b) the relevant period for the purposes of that section (as it applies in accordance with sub-paragraph (1) above) shall instead be the period allowed by paragraph 6(2) and (3) for sending the statement of accounts or auditor’s report to the Commission or, if that period has been extended under paragraph 6(4), that period as so extended.

Revision of statement of accounts

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  • (1) Subject to sub-paragraph (2), section 48 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
  • (2) In its application in relation to any such unit—
  • (a) section 48(7) shall have effect with the omission of the reference to the registered leader of the party; and
  • (b) section 48(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.

SCHEDULE 6

Preliminary

1
  • (1) In this Schedule—
  • (a) “quarterly report” means a report required to be prepared by virtue of section 62;
  • (b) “weekly report” means a report required to be prepared by virtue of section 63;

and “recordable donation”, in relation to a quarterly or weekly report, means a donation required to be recorded in that report.

  • (2) References in this Schedule to a registered party shall, in the case of a party with accounting units, be read as references to the central organisation of the party.

Identity of donors: quarterly reports

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  • (1) In relation to each recordable donation (other than one to which paragraph 2A, 6 or 7 applies) a quarterly report must give the following information about the donor—
  • (a) the information required by any of sub-paragraphs (2) to (10), (12) and (13) below; and
  • (b) such other information as may be required by regulations made by the Secretary of State after consulting the Commission;

or, in the case of a donation falling within sub-paragraph (11) below, the information required by that sub-paragraph.

  • (2) In the case of an individual the report must give his full name and—
  • (a) if his address is, at the date of receipt of the donation, shown in an electoral register (within the meaning of section 54) ... , that address; and
  • (b) otherwise, his home address (whether in the United Kingdom or elsewhere).
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) Sub-paragraph (2) does not apply in the case of a donation in the form of a bequest, and in such a case the report must state that the donation was received in pursuance of a bequest and give—
  • (a) the full name of the person who made the bequest; and
  • (b) his address at the time of his death or, if he was not then registered in an electoral register (within the meaning of section 54) ... at that address, the last address at which he was so registered during the period of five years ending with the date of his death.
  • (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3B) Sub-paragraph (2) applies in the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraphs (a) and (b) there were substituted state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).
  • (3C) Sub-paragraph (3) applies in the case of a donation in the form of a bequest by a person who either—
  • (a) at the time of his death, or
  • (b) at any time in the period of five years ending with the date of his death,

had an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraph (b) there were substituted—

  • (b) a statement that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual had—
  • (i) at the time of his death, or
  • (ii) at any time in the period of five years ending with the date of his death,

an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).

  • (4) In the case of a company falling within section 54(2)(b) ... the report must give—
  • (a) the company’s registered name;
  • (b) the address of its registered office; and
  • (c) the number with which it is registered.
  • (5) In the case of a registered party the report must give—
  • (a) the party’s registered name; and
  • (b) the address of its registered headquarters.
  • (6) In the case of a trade union falling within section 54(2)(d) ... the report must give—
  • (a) the name of the union, and
  • (b) the address of its head or main office,

as shown in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 ....

  • (7) In the case of a building society within the meaning of the Building Societies Act 1986, ... the report must give—
  • (a) the name of the society; and
  • (b) the address of its principal office.
  • (8) In the case of a ... partnership falling within section 54(2)(f) ... , the report must give—
  • (a) the partnership’s registered name; and
  • (b) the address of its registered office.
  • (9) In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—
  • (a) the name of the society, and
  • (b) the address of its registered office.
  • (10) In the case of an unincorporated association falling within section 54(2)(h) ... the report must give—
  • (a) the name of the association; and
  • (b) the address of its main office in the United Kingdom ... .
  • (11) In the case of a payment to which section 55(2) applies the report must give the statutory or other provision under which it was made.
  • (12) In the case of a donation to which section 55(3) applies, the report must give the full name and address of the donor.
  • (13) In the case of a donation to which section 55(5) ... applies, the report must state that the donation was received from a trustee, and—
  • (a) in the case of a donation falling within section 162(2), give—
  • (i) the date on which the trust was created, and
  • (ii) the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before 27th July 1999, and
  • (b) in the case of a donation falling within section 162(3) ... , give in respect of—
  • (i) the person who created the trust, and,
  • (ii) every other person by whom, or under whose will, property has been transferred to the trust,

the information which is required by any of sub-paragraphs (2) to (10) to be given in respect of the donor of a recordable donation.

  • (14) In this Act or the Representation of the People Act 1983 any reference (however expressed) to information about the donor of a donation which is framed by reference to this paragraph is, in relation to such a donation as is mentioned in paragraph (a) or (b) of sub-paragraph (13), a reference to information about every person specified in paragraph (a) or (b) of that sub-paragraph.

Identity of donors: weekly reports

3
  • (1) In relation to each recordable donation a weekly report must give all such details of the name and address of the donor as are for the time being known to the party.
  • (2) In the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), instead of giving details of the address of the donor the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person has such an entry.
  • (3) In the case of a donation in the form of a bequest by a person who either—
  • (a) at the time of his death, or
  • (b) at any time in the period of five years ending at the date of his death,

had such an entry, instead of giving details of the address of the donor, the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person had, at that time, such an entry.

  • (4) This paragraph does not apply in relation to a recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)).

Value of donation

4
  • (1) In relation to each recordable donation a quarterly or weekly report must give the following details about the donation.
  • (2) If the donation was a donation of money (in cash or otherwise) the report must give the amount of the donation.
  • (3) Otherwise the report must give details of the nature of the donation and its value as determined in accordance with section 53.

Circumstances in which donation made

5
  • (1) In relation to each recordable donation a quarterly or weekly report must—
  • (a) give the relevant date for the donation; and
  • (b) (in the case of a quarterly report)—
  • (i) state whether the donation was made to the registered party or any accounting unit of the party; or
  • (ii) in the case of a donation to which section 62(12) applies, indicate that it is a donation which falls to be treated as made to the party by virtue of that provision.
  • (2) In the case of a donation to which section 55(3) applies, the report must in addition give—
  • (a) the date or dates on or between which the visit to which the donation relates took place, and
  • (b) the destination and purpose of the visit.
  • (3) For the purposes of this paragraph as it applies to a quarterly report, the relevant date for a donation is—
  • (a) (if within section 62(4)(a) or (7)(a)) the date when the donation was accepted by the party or the accounting unit;
  • (b) (if within section 62(4)(b) or (7)(b)) the date when the donation was accepted by the party or the accounting unit which caused the aggregate amount in question to be more than the limit specified in that provision;
  • (c) (if within section 62(9)) the date when the donation was received.
  • (4) For the purposes of this paragraph as it applies to a weekly report, the relevant date for a donation is the date when the donation was received by the party or its central organisation as mentioned in section 63(3).
  • (5) Where a quarterly report to which this sub-paragraph applies includes a donation which was received by a Northern Ireland recipient, or an accounting unit of a Northern Ireland recipient, before 1 July 2017, the report must give the date on which the donation was received.
  • (6) Sub-paragraph (5) applies to a quarterly report in respect of a period beginning on or after 1 January 2018.
  • (7) In this paragraph, “Northern Ireland recipient” means a party registered in the Northern Ireland register.

Donations from impermissible donors

6

In relation to each recordable donation to which section 54(1)(a) applies a quarterly report must—

  • (a) give the name and address of the donor; and
  • (b) give the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(a).
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Donations from unidentifiable donors

7

In relation to each recordable donation to which section 54(1)(b) applies a quarterly report must give—

  • (a) details of the manner in which it was made,
  • (b) details of any element of deception or concealment employed by the donor of which the registered party or any accounting unit of the party became aware and the means by which it was revealed; and
  • (c) the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(b).

Other details

8

A quarterly or weekly report must give such other information (if any) as is required by regulations made by the Commission.

SCHEDULE 7

Part I — Introductory

Operation and interpretation of Schedule

1
  • (1) This Schedule has effect for controlling donations to—
  • (a) members of registered parties;
  • (b) members associations; and
  • (c) holders of relevant elective offices.
  • (2) The following provisions have effect for the purposes of this Schedule.
  • (3) “Controlled donation”—
  • (a) in relation to a member of a registered party, means a donation received by that person which is—
  • (i) offered to him, or
  • (ii) where it has been accepted, retained by him,

for his use or benefit in connection with any of his political activities as a member of the party;

  • (b) in relation to a members association, means a donation received by the association which is—
  • (i) offered to the association, or
  • (ii) where it has been accepted, retained by the association,

for its use or benefit in connection with any of its political activities;

  • (c) in relation to a holder of a relevant elective office, means a donation received by that person which is—
  • (i) offered to him, or
  • (ii) where it has been accepted, retained by him,

for his use or benefit (as the holder of such an office) in connection with any of his political activities.

  • (4) For the purposes of this Schedule the political activities of a party member or (as the case may be) of a members association include, in particular—
  • (a) promoting or procuring the election of any person to any position in, or to any committee of, the party in question;
  • (b) promoting or procuring the selection of any person as the party’s candidate for election to a relevant elective office; and
  • (c) promoting or developing policies with a view to their adoption by the party;

and in the application of paragraph (a) or (b) to a party member the reference to any person includes that member.

  • (5) “Donation” shall be construed in accordance with paragraphs 2 to 4; and (in the absence of any express indication) a donation shall be taken to have been offered to, or retained by, a person or organisation as mentioned in sub-paragraph (1)(a), (b) or (c) if, having regard to all the circumstances, it must reasonably be assumed to have been so offered or retained.
  • (6) “Members association” means any organisation whose membership consists wholly or mainly of members of a registered party, other than—
  • (a) a registered party falling within section 26(2)(a); or
  • (b) an organisation falling within section 26(2)(b) (that is, the central organisation of a registered party or an accounting unit of such a party).
  • (7) “Regulated donee” means—
  • (a) a member of a registered party;
  • (b) a members association; or
  • (c) the holder of a relevant elective office, whether or not he is a member of a registered party.
  • (8) “Relevant elective office” means the office of—
  • (a) member of the House of Commons;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) member of the Scottish Parliament;
  • (d) member of the Senedd;
  • (e) member of the Northern Ireland Assembly;
  • (ea) police and crime commissioner;
  • (f) member of—
  • (i) any local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council, or
  • (ii) the Greater London Assembly; or
  • (g) Mayor of London or elected mayor within the meaning of Part II of the Local Government Act 2000.
  • (9) “The responsible person”, in relation to a members association, means—
  • (a) the treasurer, if there is one, and
  • (b) otherwise, the person who is the responsible person by virtue of a notice in force under paragraph 1A.
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Donations: general rules

2
  • (1) “Donation”, in relation to a regulated donee, means (subject to paragraph 4)—
  • (a) any gift to the donee of money or other property;
  • (b) any sponsorship provided in relation to the donee (as defined by paragraph 3);
  • (c) any money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee;
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the donee (including the services of any person);
  • (f) (where the donee is a members association) any subscription or other fee paid for affiliation to, or membership of, the donee.
  • (2) Where—
  • (a) any money or other property is transferred to a regulated donee pursuant to any transaction or arrangement involving the provision by or on behalf of the donee 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 donee 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 sub-paragraph (4)) constitute a gift to the donee for the purposes of sub-paragraph (1)(a).

  • (3) In determining—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a regulated donee 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 donee in respect of . . . the provision of the property, services or facilities.

  • (4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.
  • (5) Anything given or transferred to any officer, member, trustee or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to donations received by a regulated donee accordingly include, in the case of a members association, donations so given or transferred).
  • (6) In this paragraph—
  • (a) any reference to anything being given or transferred to a regulated donee or any other person is a reference to its being so given or transferred either directly or indirectly through any third person;
  • (b) “gift” includes bequest.

Sponsorship

3
  • (1) For the purposes of this Schedule sponsorship is provided in relation to a regulated donee if—
  • (a) any money or other property is transferred to the donee or to any person for the benefit of the donee, 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 donee with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the donee, or
  • (ii) to secure that to any extent any such expenses are not so incurred.
  • (2) In sub-paragraph (1) “defined expenses” means expenses in connection with—
  • (a) any conference, meeting or other event organised by or on behalf of the donee,
  • (b) the preparation, production or dissemination of any publication by or on behalf of the donee, or
  • (c) any study or research organised by or on behalf of the donee.
  • (3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (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.
  • (4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
  • (5) In this paragraph “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 etc. not to be regarded as donations

4
  • (1) None of the following shall be regarded as a donation—
  • (a) any facility provided in pursuance of any right conferred on candidates at an election by any enactment;
  • (aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business—
  • (i) of the authority,
  • (ii) of any other body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or
  • (iii) of any other body if it is a public body;
  • (aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business—
  • (i) of the authority,
  • (ii) of any body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or
  • (iii) of any other body if it is a public body;
  • (b) the provision of assistance by a person appointed under section 9 of the Local Government and Housing Act 1989;
  • (c) the provision by any individual of his own services which he provides voluntarily and in his own time;
  • (d) any interest accruing to a regulated donee in respect of any donation which is dealt with by the donee in accordance with section 56(2)(a) or (b) (as applied by paragraph 8);
  • (e) any money or other property, or any services or facilities, provided out of public funds for the personal security of a regulated donee who is an individual.
  • (2) For the avoidance of doubt no remuneration or allowances paid to the holder of a relevant elective office in his capacity as such shall be regarded as a donation.
  • (3) There shall also 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 paragraph 5) is not more than £500.
  • (4) In sub-paragraph (1)(aa)—
  • “employee” and “employer” have the same meaning as in the Employment Rights Act 1996 (c. 18);
  • “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
  • “working hours” of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and
  • “qualifying business”, in relation to a body, means—the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, andwhere the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 (c. 22) and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.
  • (4) In sub-paragraph (1)(aa)—
  • “employee” and “employer”—in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, andin relation to Northern Ireland, have the same meaning as in the Employment Rights (Northern Ireland) Order 1996;
  • “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
  • “working hours” of an employee—in relation to England and Wales, and Scotland, has the same meaning as in section 50 of the Employment Rights Act 1996, andin relation to Northern Ireland, has the same meaning as in Article 78 of the Employment Rights (Northern Ireland) Order 1996;
  • “qualifying business”, in relation to a body, means—the doing of anything for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees, andwhere the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of anything for the purpose of the discharge of those functions.

Value of donations

5
  • (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.
  • (2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2) 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 donee.
  • (3) The value of any donation falling within paragraph 2(1)(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 paragraph 3(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 paragraph 2(1)(e) 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 donee 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 donee
  • (5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—
  • (a) shall be determined at the time when it is made, but
  • (b) shall be so determined by reference to the total benefit accruing to the donee over that period.

Part II — Controls on donations

Prohibition on accepting donations from impermissible donors

6
  • (1) A controlled donation received by a regulated donee must not be accepted by the donee if—
  • (a) the person by whom the donation would be made is not, at the time of its receipt by the donee, a permissible donor, or
  • (b) the donee 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) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a regulated donee 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 Schedule 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.

  • (3) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the regulated donee, the responsible person 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 2Aof Schedule 6 to be given in respect of the donor of a recordable donation to a registered party; 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 to a registered party.
  • (4) Where—
  • (a) any person (“the agent”) causes an amount to be received by a regulated donee by way of a donation on behalf of another person (“the donor”), and
  • (b) the amount of the donation is more than £500 ,

the agent must ensure that, at the time when the donation is received by the regulated donee, the responsible person 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 to a registered party.

  • (5) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (3) or (4).

Payments etc. which are (or are not) to be treated as donations by permissible donors

7
  • (1) The following provisions have effect for the purposes of this Schedule.
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Any payment out of public funds received by a regulated donee which is a members association, for its use and benefit in connection with any of its political activities, shall be regarded as a controlled donation received by the association from a permissible donor.
  • (3) Any donation received by a regulated donee shall (if it would not otherwise fall to be so regarded) be regarded as a controlled donation received by the donee 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 any visit—
  • (i) by the donee in connection with any of the donee’s political activities, or
  • (ii) in the case of a members association, by any member or officer of the association in connection with any of its political activities,

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 sub-paragraph (3) “qualifying costs”, in relation to the donee or (as the case may be) any member or officer of the donee, 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 controlled donation received by a regulated donee which is an exempt trust donation shall be regarded as a controlled donation received by the donee from a permissible donor.
  • (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) But any controlled donation received by a regulated donee from a trustee of any property (in his capacity as such) which is not—
  • (a) an exempt trust donation, or
  • (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) a controlled donation transmitted by the trustee to the donee on behalf of beneficiaries under the trust who are—
  • (i) persons who at the time of its receipt by the donee are permissible donors falling within section 54(2) ..., or
  • (ii) the members of an unincorporated association which at that time is a permissible donor,

shall be regarded as a controlled donation received by the donee from a person who is not a permissible donor.

Acceptance or return of donations

8
  • (1) Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a regulated donee and any controlled donation received by a regulated donee as they apply for the purposes of this Part in relation to a registered party and any donation received by a registered party.
  • (2) In its application in accordance with sub-paragraph (1), section 56(3) and (4) shall each have effect as if the reference to the treasurer of the party were construed—
  • (a) in relation to a regulated donee other than a members association, as a reference to the donee; and
  • (b) in relation to a members association, as a reference to the responsible person.

Evasion of restrictions on donations

9

Section 61 shall apply for the purposes of this Schedule as if—

  • (a) any reference to donations were to controlled donations;
  • (b) any reference to a registered party were to a regulated donee; and
  • (c) any reference to the treasurer of such a party were construed as mentioned in paragraph 8(2)(a) or (b).

Part III — Reporting of donations by regulated donees

Donation reports: donations from permissible donors

10
  • (1) A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation.
  • (1A) For the purposes of this paragraph a controlled donation is a recordable donation—
  • (a) if it is a donation of more than £11,180 where the donee is a members association) or £2,230 (in any other case);
  • (b) if, when it is added to any other controlled benefit or benefits accruing to the donee—
  • (i) from the same person and in the same calendar year, and
  • (ii) in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than £11,180 where the donee is a members association) or £2,230 (in any other case).

  • (1B) A controlled benefit is—
  • (a) a controlled donation;
  • (b) a controlled transaction within the meaning of paragraph 2 of Schedule 7A.
  • (1C) A controlled benefit which is a controlled donation accrues—
  • (a) from the permissible donor who made it, and
  • (b) when it is accepted by the donee.
  • (1D) A controlled benefit which is a controlled transaction accrues—
  • (a) from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and
  • (b) when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

  • (2) A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with—
  • (a) if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;
  • (b) if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed £11,180 or (as the case may be) £2,230 accrues.
  • (3) Each report prepared by virtue of sub-paragraph (1) must—
  • (a) give the name and address of the donee; and
  • (b) if he is the holder of a relevant elective office, specify the office in question.
  • (4) Each such report must also give—
  • (a) such information as is required to be given, in the case of a report prepared by virtue of section 62 by virtue of paragraphs 2 , 2A and 4 of Schedule 6;
  • (b) the date when the donation was accepted by the donee, and
  • (c) such other information as is required by regulations made by the Commission.
  • (4ZA) Where such a report is one to which this sub-paragraph applies and includes a donation which was received by a Northern Ireland recipient before 1 July 2017, the report must give the date when the donation was received by the donee.
  • (4ZB) Sub-paragraph (4ZA) applies to a report which is delivered to the Commission on or after the date on which Article 8 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.
  • (4A) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), if the report states that the donee has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.
  • (5) In the application of paragraphs 2 , 2A and 4 of Schedule 6 in accordance with sub-paragraph (4) above—
  • (a) any reference to a recordable donation within the meaning of that Schedule shall be construed as a reference to a recordable donation within the meaning of this paragraph;
  • (b) any reference to section 55(2) or to section 55(3) shall be construed as a reference to paragraph 7(2) above or to paragraph 7(3) above respectively; and
  • (c) any reference to section 53 shall be construed as a reference to paragraph 5 above.
  • (6) In the case of a controlled benefit which is a donation to which paragraph 7(2) applies, sub-paragraph (1A)(b) above shall have effect as if for “from the same person” there were substituted “ in circumstances falling within paragraph 7(2) ”.
  • (7) In the case of a controlled benefit which is a donation to which paragraph 7(3) applies—
  • (a) sub-paragraph (1A)(b) above shall have effect as if for “ from the same person” there were substituted “ in circumstances falling within paragraph 7(3) by the same donor ”; and
  • (b) any report prepared by virtue of sub-paragraph (1) above in respect of the donation must give—
  • (i) the date or dates on or between which the visit to which the donation relates took place, and
  • (ii) the destination and purpose of the visit.
  • (8) This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is ... a member of a local authority in Scotland.
  • (9) For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.
  • (10) In this paragraph, “Northern Ireland recipient” means a regulated donee who is—
  • (a) an individual ordinarily resident in Northern Ireland, or
  • (b) a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.

Donation reports: donations from impermissible or unidentifiable donors

11
  • (1) A regulated donee shall—
  • (a) prepare a report under this paragraph in respect of each controlled donation received by the donee and falling within paragraph 6(1)(a) or (b); and
  • (b) deliver the report to the Commission within the period of 30 days beginning with the date when the donation was dealt with in accordance with section 56(2)(a) or (b).
  • (2) Each such report must—
  • (a) give the name and address of the donee; and
  • (b) if he is the holder of a relevant elective office, specify the office in question.
  • (3) Each such report in respect of a donation falling within paragraph 6(1)(a) must also give—
  • (a) the name and address of the donor;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;
  • (c) the date when the donation was received and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and
  • (d) such other information as is required by regulations made by the Commission.
  • (4) Each such report in respect of a donation falling within paragraph 6(1)(b) must also give—
  • (a) details of the manner in which it was made;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;
  • (c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and
  • (d) such other information as is required by regulations made by the Commission.
  • (5) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 8.

Offence of failing to deliver donation report

12
  • (1) Where a report required to be delivered to the Commission under paragraph 10(1) or 11(1) is , without reasonable excuse not delivered by the end of the period of 30 days mentioned in paragraph 10(2) or 11(1)—
  • (a) in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;
  • (b) in the case of a members association, the association and the responsible person are guilty of an offence.
  • (2) If such a report is delivered to the Commission which , without reasonable excuse, does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report—
  • (a) in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;
  • (b) in the case of a members association, the association and the responsible person are guilty of an offence.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) 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 the regulated donee 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 donee of an amount equal to the value of the donation.
  • (5) 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 sub-paragraph (4) in relation to a regulated donee as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

Declaration in donation report

13
  • (1) Each report under paragraph 10 or 11 must, when delivered to the Commission, be accompanied by a declaration made by—
  • (a) the regulated donee, or
  • (b) (if a members association) the responsible person,

which complies with sub-paragraph (2) or (3).

  • (2) In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant’s knowledge and belief, any donation recorded in the report as having been accepted by the donee was from a permissible donor.
  • (3) In the case of a report under paragraph 11, the declaration must state that, to the best of the declarant’s knowledge and belief, the donation recorded in the report as having been received by the donee, or a payment of an equivalent amount, has been returned to the donor or otherwise dealt with in accordance with the provisions of Chapter II of Part IV of this Act.
  • (4) A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph.

Part IV — Reporting of donations by donors

14
  • (1) This paragraph applies where a person (“the donor”) has during the course of a calendar year made small donations to a regulated donee whose aggregate value is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).
  • (2) The donor must make a report to the Commission in respect of the donations which gives the following details—
  • (a) the aggregate value of the donations and the year in which they were made;
  • (b) the name of the regulated donee to whom they were made; and
  • (c) the full name and address of the donor (if an individual) and (in any other case) the details required by virtue of paragraph 2 of Schedule 6 in respect of the donor of a recordable donation.
  • (3) The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.
  • (4) The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating—
  • (a) that small donations whose aggregate value was that specified in the report were made by him to the specified regulated donee during the specified year, and
  • (b) that no other small donations were made by him to that regulated donee during that year.
  • (5) A person commits an offence if—
  • (a) he delivers a report under this paragraph which does not comply with sub-paragraph (2);
  • (b) he fails to deliver such a report in accordance with sub-paragraph (3) or such a report, when delivered by him, is not accompanied by a declaration under sub-paragraph (4); or
  • (c) he knowingly or recklessly makes a false declaration under that sub-paragraph.
  • (6) In this paragraph—
  • (a) “small donation” means a controlled donation whose value is not more than £200; and
  • (b) “specified” means specified in the report in question.

Part V — Register of donations

Register of recordable donations

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  • (1) Section 69 shall apply in relation to donations reported to the Commission under this Schedule (“relevant donations”) as it applies to donations reported to them under Chapter III of Part IV of this Act.
  • (2) But in its application in accordance with sub-paragraph (1), section 69 shall have effect with the modifications set out in sub-paragraph (3).
  • (3) Those modifications are as follows—

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