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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 controlled donation received by a regulated donee must not be accepted by the donee 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 donee, a permissible donor falling within section 48(2), or |
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(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. |
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(2) For the purposes of this Schedule-
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(a) any payment out of public funds received by a regulated donee which is a members association shall be regarded as a donation received by the donee from a permissible donor falling within section 48(2); and |
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(b) any donation received by a regulated donee by way of a donation by a trustee, in his capacity as such, shall be regarded as a donation received by the donee from a person who is not such a permissible donor. |
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(3) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a regulated donee by way of a 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 Schedule each individual contribution by a person falling within paragraph (a) or (b) of not less than £200 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 regulated donee, the responsible person 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 2 of Schedule 5 to be given in respect of the donor of a recordable donation to a registered party; and |
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(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 3 of Schedule 5 to be given in respect of a recordable donation to a registered party. |
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(5) Where-
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(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 |
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(b) the amount of the donation is not less than £200, |
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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 5 to be given in respect of the donor of a recordable donation to a registered party.
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(6) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (4) or (5).
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Acceptance or return of donations |
| | 6. - (1) Sections 49 to 53 shall apply for the purposes of this Schedule in relation to a controlled donation received by a regulated donee as they apply for the purposes of this Part in relation to a donation received by a registered party.
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(2) In its application in accordance with sub-paragraph (1), section 49(3) and (4) shall each have effect as if the reference to the treasurer of the party were construed-
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(a) in relation to a regulated donee other than a members association, as a reference to the donee; and |
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(b) in relation to a members association, as a reference to the responsible person. |
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Evasion of restrictions on donations |
| | 7. Section 54 shall apply for the purposes of this Schedule as if-
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(a) any reference to donations were to controlled donations; |
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(b) any reference to a registered party were to a regulated donee; and |
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(c) any reference to the treasurer of such a party were construed as mentioned in paragraph 6(2)(a) or (b). |
