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SCHEDULE 15
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CONTROL OF DONATIONS TO CANDIDATES: NEW SCHEDULE 2A TO THE REPRESENTATION OF THE PEOPLE ACT 1983 |
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Schedule 2A
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CONTROL OF DONATIONS TO CANDIDATES |
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PART I |
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Operation and interpretation of Schedule |
| | 1 - (1) This Schedule has effect for controlling donations to candidates at an election.
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(2) The following provisions have effect for the purposes of this Schedule.
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(3) "Relevant donation", in relation to a candidate at an election, means a donation which is made (whether before or after the date when he becomes a candidate) to the candidate or his election agent for the purpose of meeting election expenses.
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(4) "Donation" shall be construed in accordance with paragraphs 2 and 3 below.
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(5) "The 2000 Act" means the Political Parties, Elections and Referendums Act 2000.
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(6) "The Commission" means the Electoral Commission established by section 1 of that Act.
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Donations: general rules |
| | 2. - (1) "Donation", in relation to a candidate at an election, means (subject to paragraph 3)-
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(a) any gift to the candidate or his election agent of money or other property; |
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(b) any money spent (otherwise than as permitted by section 73 above) in paying any election expenses incurred by the candidate, his election agent or any person authorised by his election agent; |
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(c) any money lent to the candidate or his election agent otherwise than on commercial terms; |
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(d) the provision otherwise than on commercial terms of any property, goods, services or facilities for the use or benefit of the candidate (including the services of any person); and |
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(e) the provision of any sponsorship in relation to the candidate. |
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(2) Any money or other property which is transferred to a candidate or his election agent for a consideration which is less than the value of the money or (as the case may be) the market value of the property shall be regarded as constituting a gift to the candidate or (as the case may be) his election agent.
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(3) In this paragraph-
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(a) any reference to anything being given or transferred to a candidate or his election agent includes a reference to its being given or transferred either directly or indirectly through any third person; |
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(b) "gift" includes bequest. |
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Payments etc. not to be regarded as donations |
| | 3. - (1) None of the following shall be regarded as a donation-
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(a) the provision of any facilities provided in pursuance of any right conferred on a candidate at an election by this Act; |
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(b) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge; |
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(c) any interest accruing to a candidate or his election agent in respect of any donation which is dealt with by the candidate or (as the case may be) his election agent in accordance with section 49(2)(a) or (b) of the 2000 Act (as applied by paragraph 6 below). |
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(2) There shall also be disregarded any donation whose value (determined in accordance with paragraph 4) is less than £50.
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Value of donations |
| | 4. - (1) The value of any donation falling within paragraph 2(1)(a) above shall be taken to be the market value of the property in question.
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(2) Where, however, paragraph 2(1)(a) above applies by virtue of paragraph 2(2) above, the value of the donation shall be taken to be the difference between-
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(a) the value of the money, or the market value of the property, in question, and |
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(b) the consideration provided by or on behalf of the candidate or his election agent. |
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(3) The value of any donation falling within paragraph 2(1)(c) or (d) above shall be taken to be the amount representing the difference between-
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(a) the actual cost (if any) to the candidate or his election agent, and |
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(b) the cost that would have been incurred by the candidate or his election agent had the loan been made, or the property, goods, services or facilities been provided, on commercial terms. |
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(4) The value of any donation falling within paragraph 2(1)(e) above shall be taken to be the value in monetary terms of the benefit conferred by the sponsorship in question on the donee; and any such value conferred on the sponsor shall be disregarded.
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(5) Where a donation such as is mentioned in sub-paragraph (3) or (4) above confers an enduring benefit on the donee over a particular period, the value of the donation-
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(a) shall be determined at the time when it is made, but |
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(b) shall be so determined by reference to the total benefit accruing to the donee over that period. |
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(6) In this paragraph "market value" in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.
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PART II |
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CONTROLS ON DONATIONS |
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Prohibition on accepting donations from impermissible donors |
| | 5. - (1) A relevant donation received by a candidate or his election agent must not be accepted if-
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(a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 48(2) of the 2000 Act; or |
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(b) the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation. |
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(2) For the purposes of this Schedule any relevant donation received by a candidate or his election agent from a trustee, in his capacity as such, shall be regarded as a donation received by the candidate or (as the case may be) his election agent from a person who is not a permissible donor falling within section 48(2) of the 2000 Act.
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(3) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a candidate or his election agent by way of a relevant donation-
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(a) on behalf of himself and one or more other persons, or |
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(b) on behalf of two or more other persons, |
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then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of not less than £50 shall be treated as if it were a separate donation received from that person.
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(4) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate (or as the case may be) his election agent is given-
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(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 9(1)(c) below; and |
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(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 9(1)(a) below. |
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(5) Where-
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(a) any person ("the agent") causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person ("the donor"), and |
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(b) the amount of the donation is not less than £50, |
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the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 9(1)(c) below.
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(6) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraphs (4) or (5) above.
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(7) A person guilty of an offence under sub-paragraph (7) shall be liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both); |
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(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both). |
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Acceptance or return of donations |
| | 6. - (1) Sections 49 to 53 of the 2000 Act shall apply for the purposes of this Schedule in relation to a relevant donation received by a candidate or (as the case may be) his election agent as they apply in relation to a donation received by a registered party.
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(2) In the application of sections 49 to 53 of that Act in accordance with sub-paragraph (1)-
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(a) section 49(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 5 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 9(1)(c) below; |
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(b) section 49(3) shall have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent; and |
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(c) section 49(4) shall have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent. |
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Evasion of restrictions on donations |
| | 7. Section 54 of the 2000 Act shall apply for the purposes of this Schedule as if-
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(a) any reference to donations were to relevant donations; and |
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(b) any reference to a registered party or to the treasurer of a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent. |
