 | |
| |
PART II |
| |
CONTROLS ON DONATIONS |
| |
Prohibition on accepting donations from impermissible donors |
| | 5. - (1) A relevant donation received by a recognised third party must not be accepted if-
|
| |
(a) the person by whom the donation would be made is not, at the time of its receipt by the recognised third party, a permissible donor falling within section 48(2); or |
| |
(b) the recognised third party 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. |
| |
(2) For the purposes of this Schedule any relevant donation received by a recognised third party from a trustee, in his capacity as such, shall be regarded as a donation received by the recognised third party from a person who is not a permissible donor falling within section 48(2).
|
| |
(3) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a recognised third party by way of a relevant 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 not less than £200 shall be treated as if it were a separate donation received from that person.
|
| |
(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 recognised third party, 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 9(1)(c) to be given in respect of the donor of a donation to which that paragraph applies; and |
| |
(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 9(1)(a). |
| |
(5) Where-
|
| |
(a) any person ("the agent") causes an amount to be received by a recognised third party by way of a donation on behalf of another person ("the donor"), and |
| |
(b) the amount of the donation is not less than £200, |
| |
the agent must ensure that, at the time when the donation is received by the recognised third party, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 9(1)(c) to be given in respect of the donor of a donation to which that paragraph applies.
|
| |
(6) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (4) or (5).
|
| |
Acceptance or return of donations |
| | 6. - (1) Sections 49 to 53 shall apply for the purposes of this Schedule in relation to a relevant donation received by a recognised third party as they apply in relation to a donation received by a registered party.
|
| |
(2) In the application of sections 49 to 53 in accordance with sub-paragraph (1)-
|
| |
(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) (in relation to a donation to which that paragraph applies); and |
| |
(b) section 49(3) and (4) shall each have effect as if any reference to the treasurer of the party were construed as a reference to the responsible person. |
| |
Evasion of restrictions on donations |
| | 7. Section 54 shall apply for the purposes of this Schedule as if-
|
| |
(a) any reference to donations were to relevant donations; |
| |
(b) any reference to a registered party were a reference to a recognised third party; and |
| |
(c) any reference to the treasurer of a registered party were, in relation to a relevant donation, a reference to the responsible person. |
