Political Parties elections and Referendums Bill

Political Parties elections and Referendums Bill - continued	House of Commons

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	PART IV
	CONTROL OF DONATIONS TO REGISTERED PARTIES AND THEIR MEMBERS ETC.
	CHAPTER I
	DONATIONS TO REGISTERED PARTIES
Donations for purposes of Part IV.	45. - (1) The following provisions have effect for the purposes of this Part.
	(2) "Donation", in relation to a registered party, means (subject to section 46)-
	(a) any gift to the party of money or other property;
	(b) any subscription or other fee paid for affiliation to, or membership of, the party;
	(c) any money spent (otherwise than by the party or a person acting on its behalf) in paying any expenses incurred directly or indirectly by the party;
	(d) any money lent to the party 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 party (including the services of any person);
	(f) the provision of any sponsorship in relation to the party.
	(3) Any money or other property which is transferred to a registered party 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 party.
	(4) Anything given or transferred to any officer, member or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).
	(5) Except where this Part provides to the contrary, references in this Part-
	(a) to the receipt or acceptance of donations by a registered party, or
	(b) to the making of donations to a registered party (or to the doing of anything falling within subsection (4) in relation to such a party)
	are, in relation to a party with accounting units, references to the receipt or acceptance of donations by, or to the making of donations to (or to the doing of any such thing in relation to) either the central organisation of the party or any of its accounting units.
	(6) In this section-
	(a) any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;
	(b) "gift" includes bequest.
Payments, services etc. not to be regarded as donations.	46. - (1) For the purposes of this Part none of the following shall be regarded as a donation-
	(a) any policy development grant (within the meaning of section 10);
	(b) any grant under section 170 of the Criminal Justice and Public Order Act 1994 (security costs at party conferences);
	(c) any payment made by or on behalf of the European Parliament for the purpose of assisting members of the Parliament to perform their functions as such members;
	(d) the transmission by a broadcaster, free of charge, of a party political broadcast or a referendum campaign broadcast (within the meaning of section 120);
	(e) any other facilities provided in pursuance of any right conferred on candidates or a party at an election or a referendum by any enactment;
	(f) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge;
	(g) any interest accruing to a registered party in respect of any donation which is dealt with by the party in accordance with section 49(2)(a) or (b).
	(2) For the purposes of this Part there shall be disregarded-
	(a) any donation which by virtue of any enactment falls to be recorded in a return as to election expenses made by a candidate at an election or an election agent; and
	(b) except for the purposes of section 61, any donation whose value (as determined in accordance with section 47) is less than £200.
Value of donations.	47. - (1) The value of any donation falling within section 45(2)(a) (other than money) shall be taken to be the market value of the property in question.
	(2) Where, however, section 45(2)(a) applies by virtue of section 45(3), the value of the donation shall be taken to be the difference between-
	(a) the value of the money, or the market value of the property, in question, and
	(b) the consideration provided by or on behalf of the party.
	(3) The value of any donation falling within section 45(2)(d) or (e) shall be taken to be the amount representing the difference between-
	(a) the actual cost (if any) to the party, and
	(b) the cost that would have been incurred by the party had the loan been made, or the property, services or facilities been provided, on commercial terms.
	(4) The value of any donation falling within section 45(2)(f) shall be taken to be the value in monetary terms of the benefit conferred by the sponsorship in question on the party; and any such value conferred on the sponsor shall be disregarded.
	(5) Subsection (6) applies where a donation such as is mentioned in subsection (3) or (4) confers an enduring benefit on the party during the whole or part of-
	(a) any period for which a report is to be prepared under this Part, or
	(b) two or more such periods.
	(6) In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3) or (4)) as accrues during the whole or part of the period to which the report relates.

Prepared 18 February 2000