Recall of MPs Bill (HC Bill 94)

(3) Where, by virtue of sub-paragraph (1)(c), money spent constitutes a
donation to an accredited campaigner, the accredited campaigner is treated
as receiving an equivalent amount on the date on which the money is paid
to the creditor in respect of the expenses in question.

(4) 5In determining—

(a) for the purposes of sub-paragraph (1)(d) whether money lent to an
accredited campaigner is lent otherwise than on commercial terms,
or

(b) for the purposes of sub-paragraph (1)(e) whether property, services
10or facilities provided for the use or benefit of an accredited
campaigner is or are provided otherwise than on commercial terms,

regard is to be had to the total value in monetary terms of the consideration
provided by or on behalf of the accredited campaigner in respect of the loan
or the provision of the property, services or facilities.

(5) 15Where, apart from this sub-paragraph, anything would be a donation—

(a) by virtue of sub-paragraph (1)(b), and

(b) by virtue of any other provision of this paragraph,

sub-paragraph (1)(b) applies in relation to it to the exclusion of the other
provision of this paragraph.

(6) 20A reference in this Schedule—

(a) to property being transferred to the accredited campaigner includes
property being transferred to any officer, member, trustee or agent of
the accredited campaigner in his or her capacity as such, or

(b) to property, services or facilities being provided for the use or benefit
25of the accredited campaigner, includes property, services or facilities
being provided for the use or benefit of any officer, member, trustee
or agent of the accredited campaigner in his or her capacity as such.

(7) In this paragraph—

(a) references to a thing being given or transferred include its being
30given or transferred indirectly through a third person, and

(b) “gift” includes bequest.

(8) For the purposes of this Schedule it is immaterial whether a donation is
made or received in the United Kingdom or elsewhere.

Sponsorship

3 (1) 35For the purposes of this Schedule sponsorship is provided in relation to an
accredited campaigner if—

(a) money or other property is transferred to the accredited campaigner
or to any person for the benefit of the accredited campaigner, and

(b) the purpose (or one of the purposes) of the transfer is (or, having
40regard to all the circumstances, must reasonably be assumed to be)—

(i) to help the accredited campaigner with meeting, or to meet,
to any extent, defined expenses incurred or to be incurred by
or on behalf of the accredited campaigner, or

(ii) to secure that, to any extent, defined expenses are not
45incurred by or on behalf of the accredited campaigner.

(2) “Defined expenses” means expenses in connection with—

(a) a conference, meeting or other event organised by or on behalf of the
accredited campaigner,

(b) the preparation, production or dissemination of any publication by
or on behalf of the accredited campaigner, or

(c) 5study or research organised by or on behalf of the accredited
campaigner.

(3) But the following do not constitute sponsorship for the purposes of this
Schedule—

(a) the making of a payment in respect of a charge for admission to a
10conference, meeting or other event;

(b) the making of a payment in respect of the purchase price of, or any
other charge for access to, any publication;

(c) the making of a payment in respect of the inclusion of an
advertisement in any publication where the payment is made at a
15commercial rate.

(4) The Minister may by regulations amend sub-paragraph (2) or (3).

(5) Before making regulations under this paragraph the Minister must consult
the Electoral Commission.

(6) Regulations under this paragraph are subject to affirmative resolution
20procedure.

(7) In this paragraph “publication” means a publication made available in any
form and by any means (whether or not to the public or any section of the
public).

Payments etc not to be regarded as donations

4 (1) 25In this Schedule “donation” does not include—

(a) a donation as described in paragraph 2(1)(a) to (f)—

(i) whose amount, where the donation is of money, is £500 or
less, or

(ii) whose value (as determined in accordance with paragraph 5),
30where the donation is not of money, is £500 or less,

(b) the provision by an individual of his or her own services where the
services are provided voluntarily in his or her own time and free of
charge,

(c) interest accruing to an accredited campaigner in respect of a
35donation which is dealt with by the accredited campaigner in
accordance with paragraph 14(2) or 15(2) (duty to return donations
from impermissible or unidentifiable donors), or

(d) a grant provided out of public funds.

(2) “Provided out of public funds” has the same meaning as in PPERA 2000 (see
40section 160(4) of that Act).

Value of donations

5 (1) This paragraph has effect for the purposes of this Schedule.

(2) The value of a donation within paragraph 2(1)(a) is the value of the money
or the market value of the property.

(3) But where that provision applies by virtue of paragraph 2(2), the value of the
donation is the difference between—

(a) the value of the money, or the market value of the property, and

(b) the total value in monetary terms of the consideration provided by
5or on behalf of the accredited campaigner.

(4) The value of a donation within paragraph 2(1)(b) is—

(a) the value of the money transferred as mentioned in paragraph 3(1),
or

(b) the market value of the property so transferred;

10and accordingly the value in monetary terms of any benefit conferred on the
person providing the sponsorship in question is to be disregarded.

(5) The value of a donation within paragraph 2(1)(d) is 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 accredited
15campaigner in respect of the loan if the loan had been made on
commercial terms, and

(b) the total value in monetary terms of the consideration (if any)
actually provided by or on behalf of the accredited campaigner in
respect of the loan.

(6) 20The value of a donation within paragraph 2(1)(e) is 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 accredited
campaigner in respect of the provision of the property, services or
facilities if the property, services or facilities had been provided on
25commercial terms, and

(b) the total value in monetary terms of the consideration (if any)
actually provided by or on behalf of the accredited campaigner in
respect of the provision of the property, services or facilities.

(7) Where a donation within paragraph 2(1)(d) or (e) confers an enduring
30benefit on the donee over a particular period, the value of the donation—

(a) is to be determined at the time the donation is received, and

(b) must be determined by reference to the total benefit accruing to the
donee over that period.

Meaning of “permissible donor”

6 (1) 35In this Schedule “permissible donor” means—

(a) a registered party (other than a Gibraltar party whose entry in the
register includes a statement that it intends to contest one or more
elections to the European Parliament in the combined region),

(b) an individual who is registered in an electoral register,

(c) 40a company incorporated in the United Kingdom or another member
State that is registered under the Companies Act 2006 and carries on
business in the United Kingdom,

(d) a trade union entered in the list kept under the Trade Union and
Labour Relations (Consolidation) Act 1992 or the Industrial
45Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)S.I. 1992/807 (N.I. 5)),

(e) a building society (within the meaning of the Building Societies Act
1986),

(f) a limited liability partnership, registered under the Limited Liability
Partnerships Act 2000, that carries on business in the United
Kingdom,

(g) a friendly society registered under the Friendly Societies Act 1974, a
5registered society within the meaning of the Co-operative and
Community Benefit Societies Act 2014 or a society registered (or
deemed to be registered) under the Industrial and Provident
Societies Act (Northern Ireland) 1969 (c.24 (N.I.)), or

(h) an unincorporated association of two or more persons that is not
10within any of the preceding paragraphs but carries on business or
other activities wholly or mainly in the United Kingdom and whose
main office is there.

(2) But “permissible donor” does not include, in relation to a recall petition in
respect of an MP for a constituency in Great Britain, a party registered in the
15Northern Ireland register maintained by the Electoral Commission under
Part 2 of PPERA 2000 (registration of political parties).

(3) In relation to a donation in the form of a bequest, sub-paragraph (1)(b) has
effect as if it referred to an individual who was, at any time within the period
of 5 years ending with the date of his or her death, registered in an electoral
20register.

(4) In this paragraph “an electoral register” means—

(a) a register of parliamentary or local government electors maintained
under section 9 of the Representation of the People Act 1983,

(b) a register of relevant citizens of the European Union prepared under
25the European Parliamentary Elections (Franchise of Relevant
Citizens of the Union) Regulations 2001 (S.I. 2001/1184S.I. 2001/1184), or

(c) a register of peers prepared under regulations under section 3 of the
Representation of the People Act 1985.

Return of donations

7 30References in this Schedule to returning a donation (however expressed)
include returning an equivalent amount or, where the donation is not of
money, returning an amount equivalent to the value of the donation.

Power to alter certain financial limits

8 (1) The Minister may by regulations amend any of the following provisions so
35as to substitute a different amount for the amount for the time being
mentioned in the provision—

(a) paragraph 4(1)(a)(i) or (ii) (amount at or below which donation is to
be disregarded);

(b) paragraph 12(2) (amount above which donations made on behalf of
40other persons are treated as separate donations).

(2) Before making regulations under this paragraph the Minister must consult
the Electoral Commission.

(3) Regulations under this paragraph are subject to affirmative resolution
procedure.

(4) Sub-paragraphs (2) and (3) do not apply where the Minister considers that
the substitution is expedient in consequence of changes in the value of
money.

Part 2 5Control of donations

Prohibition on accepting donations from impermissible or unidentifiable donors

9 A relevant donation received by an accredited campaigner must not be
accepted by the accredited campaigner if—

(a) the donor is not, at the time of its receipt, a permissible donor, or

(b) 10the accredited campaigner is unable to ascertain the identity of the
donor (whether because the donation is given anonymously or by
reason of any deception or concealment or otherwise).

Donations treated as received or not received from permissible donors

10 (1) For the purposes of this Schedule—

(a) 15a relevant donation received by an accredited campaigner which is
an exempt trust donation is treated as a relevant donation received
from a permissible donor;

(b) any other relevant donation received by an accredited campaigner
from a trustee of any property (in the trustee’s capacity as such) is
20treated as a relevant donation received otherwise than from a
permissible donor.

(2) Sub-paragraph (1)(b) does not apply to a relevant donation transmitted by
the trustee to the accredited campaigner on behalf of beneficiaries under the
trust all of whom are—

(a) 25persons who are, at the time of its receipt, permissible donors, or

(b) members of an unincorporated association which is, at that time, a
permissible donor.

Meaning of “exempt trust donation” in paragraph 10

11 (1) In paragraph 10 “exempt trust donation” means a donation that—

(a) 30meets condition A or B, and

(b) is not received from a trustee of any property pursuant to the
exercise of any discretion vested by a trust in the trustee or any other
person.

(2) Condition A is that—

(a) 35the donation is received from a trustee of any property in accordance
with the terms of a relevant trust, and

(b) at or before the time of the receipt of the donation, the trustee gives
the recipient of the donation the full name of the person who created
the trust and of every other person by whom, or under whose will,
40property was transferred to the trust before that date.

(3) “Relevant trust” means a trust—

(a) which was created before 27th July 1999,

(b) to which no property has been transferred on or after that date, and

(c) whose terms have not been varied on or after that date.

(4) Condition B is that—

(a) the donation is received from a trustee of any property in accordance
with the terms of a qualifying trust, and

(b) 5at or before the time of the receipt of the donation, the trustee gives
the recipient of the donation all such details in respect of the donor
as are required by paragraph 3(1)(a)(iii) of Schedule 5 (recall petition
returns).

(5) “Qualifying trust” means a trust—

(a) 10which was created by—

(i) a person who was a permissible donor at the time the trust
was created, or

(ii) in the case of a donation in the form of a bequest, the will of
an individual within paragraph 6(3), and

(b) 15to which no property has been transferred otherwise than—

(i) by a person who was a permissible donor at the time of the
transfer, or

(ii) in the case of a donation in the form of a bequest, under the
will of an individual within paragraph 6(3).

(6) 20In this paragraph—

(a) “property”, in the context of the transfer of property to a trust, does
not include income of the trust;

(b) “trust” includes a trust created by a will;

(c) a reference to a donation received from a trustee—

(i) 25is a reference to a donation received from the trustee in the
trustee’s capacity as such, but

(ii) does not include a donation transmitted on behalf of a
beneficiary under a trust.

Donations made on behalf of other persons

12 (1) 30Sub-paragraphs (2) and (3) apply where—

(a) a person (“the agent”) causes an amount (“the relevant amount”) to
be received by an accredited campaigner—

(i) on behalf of the agent and one or more other persons, or

(ii) on behalf of two or more other persons, and

(b) 35the agent acts as mentioned in paragraph (a) for the purpose of—

(i) meeting petition expenses incurred by or on behalf of the
accredited campaigner, or

(ii) securing that petition expenses are not so incurred.

(2) For the purposes of this Schedule each individual contribution by a person
40within sub-paragraph (1)(a)(i) or (ii) of more than £500 is treated as if it were
a separate donation received from that person.

(3) In relation to each such separate donation, the agent must ensure that, at the
time when the relevant amount is received by the accredited campaigner,
the responsible person is given—

(a) 45all such details in respect of the donation as are required by
paragraph 3(1)(a)(i) of Schedule 5 (recall petition returns), and

(b) except in the case of a donation which the agent is treated as making,
all such details in respect of the donor as are required by paragraph
3(1)(a)(iii) of that Schedule.

(4) Sub-paragraph (5) applies where a person (“the agent”) causes an amount to
5be received by an accredited campaigner by way of a relevant donation on
behalf of one other person (“the donor”).

(5) The agent must ensure that, at the time when the donation is received by the
accredited campaigner, the responsible person is given all such details in
respect of the donor as are required by paragraph 3(1)(a)(iii) of Schedule 5.

(6) 10A person commits an offence if, without reasonable excuse, the person fails
to comply with sub-paragraph (3) or (5).

(7) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or a fine (or both), and

(b) 15on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months or a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum (or
20both), and

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months or a fine not exceeding the statutory
maximum (or both).

Duty to verify identity of donor

13 (1) 25This paragraph applies where—

(a) a relevant donation is received by an accredited campaigner, and

(b) it is not immediately decided that the accredited campaigner should
(for whatever reason) refuse the donation.

(2) All reasonable steps must be taken immediately by or on behalf of the
30accredited campaigner to verify (or, so far as any of the following is not
apparent, ascertain)—

(a) the identity of the donor,

(b) whether the donor is a permissible donor, and

(c) if it appears that the donor is a permissible donor, all such details in
35respect of the donor as are required by paragraph 3(1)(a)(iii) of
Schedule 5 (recall petition returns).

Duty to return donations from impermissible donors

14 (1) This paragraph applies where an accredited campaigner receives a relevant
donation which the accredited campaigner is prohibited from accepting by
40virtue of paragraph 9(a) (impermissible donor) but not by virtue of
paragraph 9(b) (unidentifiable donor).

(2) The donation must, before the end of the period of 30 days beginning with
the day on which the donation is received, be returned to—

(a) the donor, or

(b) 45any person appearing to be acting on that person’s behalf.

(3) If sub-paragraph (2) is not complied with, an offence is committed by—

(a) the accredited campaigner, and

(b) the responsible person.

(4) It is a defence for a person charged with an offence under this paragraph to
5show that—

(a) all reasonable steps were taken by or on behalf of the accredited
campaigner to verify (or ascertain) whether the donor was a
permissible donor, and

(b) as a result, the relevant person believed the donor to be a permissible
10donor.

(5) “The relevant person” means—

(a) where the person charged with the offence is an individual, that
individual, and

(b) otherwise, the responsible person.

(6) 15A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or a fine (or both), and

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
20exceeding 12 months or a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum (or
both), and

(iii) in Northern Ireland, to imprisonment for a term not
25exceeding 6 months or a fine not exceeding the statutory
maximum (or both).

Duty to return donations from unidentifiable donors

15 (1) This paragraph applies where an accredited campaigner receives a relevant
donation which the accredited campaigner is prohibited from accepting by
30virtue of paragraph 9(b) (unidentifiable donor).

(2) The donation must be returned to the appropriate person before the end of
the period of 30 days beginning with the day on which the donation is
received.

(3) “The appropriate person” means—

(a) 35where the donation was transmitted by a person other than the
donor, and the identity of that person is apparent, that person,

(b) where the identity of the person by whom the donation was
transmitted is not apparent, but it is apparent that the donor has, in
connection with the donation, used any facility provided by an
40identifiable financial institution, that institution, and

(c) in any other case, the Electoral Commission.

(4) If sub-paragraph (2) is not complied with an offence is committed by—

(a) the accredited campaigner, and

(b) the responsible person.

(5) 45A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or a fine (or both), and

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
5exceeding 12 months or a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum (or
both), and

(iii) in Northern Ireland, to imprisonment for a term not
10exceeding 6 months or a fine not exceeding the statutory
maximum (or both).

(6) The Electoral Commission must pay into the Consolidated Fund any amount
received by virtue of this paragraph.

Circumstances in which donations treated as accepted or received

16 (1) 15A relevant donation received by an accredited campaigner that is not
accepted before the end of the period of 30 days beginning with the day on
which it is received is treated for the purposes of this Act as accepted by the
accredited campaigner at the end of that period.

(2) Sub-paragraph (1) does not apply where—

(a) 20paragraph 14(2) or 15(2) (return of donations from impermissible or
unidentifiable donors) has been complied with in relation to the
donation, and

(b) a record can be produced of the receipt of the donation, and of the
donation being returned as required by paragraph 14(2) or 15(2).

(3) 25Where a relevant donation is received by an accredited campaigner in the
form of an amount paid into an account held by the accredited campaigner
with a financial institution, it is treated for the purposes of this Act as
received at the time the accredited campaigner is notified in the usual way
of the payment into the account.

30Forfeiture of donations made by impermissible or unidentifiable donors

17 (1) This paragraph applies where an accredited campaigner accepts a relevant
donation in contravention of paragraph 9.

(2) The court may, on an application made by the Electoral Commission, order
the forfeiture by the accredited campaigner of an amount equal to—

(a) 35the amount of the donation, where it is of money, or

(b) the value of the donation, where it is not of money.

(3) The standard of proof in proceedings on an application under this
paragraph is that applicable to civil proceedings.

(4) An order may be made under this paragraph whether or not proceedings are
40brought against any person for an offence connected with the donation.

(5) In this paragraph “the court” means—

(a) in relation to England and Wales, a magistrates’ court;

(b) in relation to Scotland, the sheriff;

(c) in relation to Northern Ireland, a court of summary jurisdiction.

(6) Proceedings on an application under this paragraph to the sheriff are civil
proceedings.

Appeal against order under paragraph 17

18 (1) Sub-paragraphs (2) to (5) apply where an order is made under paragraph 17
5by—

(a) a magistrates’ court, or

(b) a court of summary jurisdiction in Northern Ireland.

(2) The accredited campaigner may, before the end of the period of 30 days
beginning with the day on which the order is made, appeal to the Crown
10Court or, in Northern Ireland, to a county court.

(3) An appeal under sub-paragraph (2) is by way of a rehearing.

(4) The standard of proof in proceedings on an appeal under sub-paragraph (2)
is that applicable to civil proceedings.

(5) The court on hearing an appeal under sub-paragraph (2)—

(a) 15may make such order as it considers appropriate, and

(b) may make an order whether or not proceedings are brought against
any person for an offence connected with the donation.

(6) Where an order is made under paragraph 17 by the sheriff, the accredited
campaigner may appeal against the order to the Court of Session.

20Supplementary provision about orders under paragraph 17 or 18

19 (1) Provision may be made by rules of court—

(a) with respect to applications or appeals under paragraph 17 or 18 to
any court,

(b) for the giving of notice of such applications or appeals to persons
25affected,

(c) for the joinder, or in Scotland sisting, of such persons as parties, or

(d) otherwise in respect of the procedure under those paragraphs before
any court.

(2) Sub-paragraph (1) is without prejudice to the generality of any other power
30to make rules of court.

(3) Any amount forfeited in compliance with an order under paragraph 17 or 18 must
be paid into the Consolidated Fund.

(4) Sub-paragraph (3) does not apply—

(a) where the forfeiture was ordered under paragraph 17 by a
35magistrates’ court or a court of summary jurisdiction in Northern
Ireland, before the end of the period of 30 days beginning with the
day on which the order is made;

(b) where the forfeiture was ordered by the sheriff under paragraph 17,
before the end of any period within which, in accordance with rules
40of court, any appeal under paragraph 18(6) must be made;

(c) where an appeal is made under paragraph 18, before the appeal is
determined or otherwise disposed of.

(5) Where the accredited campaigner is an unincorporated body—