Political Parties, Elections and Referendums Act 2000 (c. 41)

(The document as of February, 2008)

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(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.

(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 [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 or the [S.I. 1992/807 (N.I.5).] Industrial Relations (Northern Ireland) Order 1992.

(7) In the case of a building society within the meaning of the [1986 c. 53.] 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 limited liability 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 [1983 c. 2.] 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 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.

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).

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).

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.

Section 71.

SCHEDULE 7 Control of donations to individuals and members associations

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) member of the European Parliament elected in the United Kingdom;

(c) member of the Scottish Parliament;

(d) member of the National Assembly for Wales;

(e) member of the Northern Ireland Assembly;

(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 any person responsible for dealing with donations to the association.

(10) Where--

(a) at a time when any order is in force under section 70(1) a donation is received by a regulated donee resident or carrying on activities in Great Britain, and

(b) the order provides for this sub-paragraph 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 the Great Britain register.

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) any money lent to the donee otherwise than on commercial terms;

(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) for the purposes of sub-paragraph (1)(d) whether any money lent to a regulated donee is so lent otherwise than on commercial terms, or

(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 loan or 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;

(b) the provision of assistance by a person appointed under section 9 of the [1989 c. 42.] 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) except for the purposes of paragraph 14, any donation whose value (as determined in accordance with paragraph 5) is not more than £200.

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)(d) or (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 loan or the provision of the property, services or facilities if--

(i) the loan had been made, or

(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 £200 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 of 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 £200,

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 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.

(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.

(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

(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 shall--

(a) prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation; and

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