Political Parties and Elections Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
33

      (2)
It is immaterial for the purposes of sub-paragraph (1) whether the
information was obtained before or after the coming into effect of
this Schedule.
      (3)
A disclosure under this paragraph is not to be taken to breach any
restriction on the disclosure of information (however imposed).
5
      (4)
Nothing in this paragraph authorises the making of a disclosure in
contravention of—
(a)
the Data Protection Act 1998, or
(b)
Part 1 of the Regulation of Investigatory Powers Act 2000.
      (5)
This paragraph does not affect a power to disclose that exists apart
10
from this paragraph.
Part 7
Interpretation
Interpretation of Schedule
29
In this Schedule—
15
“completion certificate” has the meaning given in paragraph
12(1);
“discretionary requirement” has the meaning given in
paragraph 5(5);
“enforcement undertaking” has the meaning given in
20
paragraph 15(1)(b);
“fixed monetary penalty” has the meaning given in
paragraph 1(5);
“non-compliance penalty” has the meaning given in
paragraph 9(1);
25
“non-monetary discretionary requirement” has the meaning
given in paragraph 5(7);
“permitted participant” has the meaning given in section
105(1);
“prescribed” means prescribed in a supplementary order;
30
“recognised third party” has the meaning given in section
85(5);
“responsible person”—
(a)
in relation to a recognised third party, has the
meaning given in section 85(7);
35
(b)
in relation to a permitted participant, has the meaning
given in section 105(2);
“stop notice” has the meaning given in paragraph 10(1);
“supplementary order” has the meaning given in paragraph
16(1);
40
“variable monetary penalty” has the meaning given in
paragraph 5(7).”

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
34

Schedule 3
Section 8

Declaration as to source of donation
Schedule 7 to the 2000 Act (control of donations to individuals and members associations)
1     (1)
In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting
donations from impermissible donors), after paragraph (a) of sub-paragraph
5
(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £200, the
donee has not been given a declaration as required by
paragraph 6A, or”.
      (2)
After paragraph 6 of that Schedule there is inserted—
10
“Declaration as to source of donation
6A    (1)
Where a person (P) causes an amount exceeding £200 to be
received by a regulated donee by way of a donation, a written
declaration must be given to the donee—
(a)
by P, if P is an individual, or
15
(b)
if not, by an individual authorised by P to make the
declaration,

stating, to the best of the individual’s knowledge and belief,
whether or not sub-paragraph (2) applies to the donation.
      (2)
This sub-paragraph applies to the donation if—
20
(a)
a person other than P has provided, or is expected to
provide, money or any other benefit to P with a view to, or
otherwise in connection with, the making of the donation,
and
(b)
the money, or the value of the benefit, is more than £200.
25
      (3)
Where a declaration under this section contains a statement to the
effect that sub-paragraph (2) applies to the donation, it must
also—
(a)
state whether or not, in the opinion of the person making
the declaration—
30
(i)
sub-paragraph (2) of paragraph 6 applies to the
donation;
(ii)
sub-paragraph (4) of that paragraph applies to it;
(b)
if the person’s opinion is that neither of those sub-
paragraphs applies to the donation, give the person’s
35
reasons for that opinion.
      (4)
The declaration must also state the full name and address of the
person by whom it is made and, where sub-paragraph (1)(b)
applies—
(a)
state that the person is authorised by P to make the
40
declaration;
(b)
describe the person’s role or position in relation to P.
      (5)
A person who knowingly or recklessly makes a false declaration
under this paragraph commits an offence.

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
35

      (6)
Where a regulated donee receives a declaration under this
paragraph, all reasonable steps must be taken forthwith by or on
behalf of the donee to verify it.
      (7)
Regulations made by the Secretary of State may make provision as
to how the value of a benefit is to be calculated for the purposes of
5
sub-paragraph (2).”
2     (1)
Paragraph 10 of that Schedule (donation reports: donations from
permissible donors) is amended as follows.
      (2)
In the heading, at the end there is inserted “etc.”.
      (3)
In sub-paragraph (1), for the words from “each controlled donation” to the
10
end there is substituted “each controlled donation which is a recordable
donation and either—
(a)
has been accepted by the donee, or
(b)
has not been accepted by the donee but is a donation in the
case of which a declaration under paragraph 6A has been
15
given.”
      (4)
In sub-paragraph (4)(a), for “by virtue of paragraphs 2, 2A and 4” there is
substituted “, by virtue of paragraphs 1A, 2, 2A and 4”.
      (5)
In sub-paragraph (5)—
(a)
for “paragraphs 2, 2A and 4” there is substituted “paragraphs 1A, 2,
20
2A and 4”;
(b)
after paragraph (a) there is inserted—
“(aa)
any reference to section 54A and subsection (6) of
that section shall be read as a reference to
paragraph 6A above and sub-paragraph (6) of that
25
paragraph respectively;”.
3     (1)
Paragraph 11 of that Schedule (donation reports: donations from
impermissible or unidentifiable donors) is amended as follows.
      (2)
In the heading, at the end there is inserted “or without required declaration”.
      (3)
In sub-paragraph (1)(a), for “paragraph 6(1)(a) or (b)” there is substituted
30
“paragraph 6(1)(a), (aa) or (b)”.
      (4)
In sub-paragraph (1)(b), for “section 56(2)(a) or (b)” there is substituted
“section 56(2)(a), (aa) or (b)”.
      (5)
In sub-paragraph (3), for “paragraph 6(1)(a)” there is substituted “paragraph
6(1)(a) or (aa)”.
35
      (6)
In sub-paragraph (3)(a), after “the donor” there is inserted “or the person
appearing to be the donor”.
      (7)
In sub-paragraph (3)(c), for “section 56(2)(a)” there is substituted “section
56(2)(a) or (aa)”.
Schedule 11 to the 2000 Act (control of donations to recognised third parties)
40
4     (1)
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting
donations from impermissible donors), after paragraph (a) of sub-paragraph

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
36

(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £200, the
recognised third party has not been given a declaration as
required by paragraph 6A; or”.
      (2)
After paragraph 6 of that Schedule there is inserted—
5
“Declaration as to source of donation
6A    (1)
Where a person (P) causes an amount exceeding £200 to be
received by a recognised third party by way of a donation, a
written declaration must be given to the recognised third party—
(a)
by P, if P is an individual, or
10
(b)
if not, by an individual authorised by P to make the
declaration,

stating, to the best of the individual’s knowledge and belief,
whether or not sub-paragraph (2) applies to the donation.
      (2)
This sub-paragraph applies to the donation if—
15
(a)
a person other than P has provided, or is expected to
provide, money or any other benefit to P with a view to, or
otherwise in connection with, the making of the donation,
and
(b)
the money, or the value of the benefit, is more than £200.
20
      (3)
Where a declaration under this section contains a statement to the
effect that sub-paragraph (2) applies to the donation, it must
also—
(a)
state whether or not, in the opinion of the person making
the declaration—
25
(i)
sub-paragraph (4) of paragraph 6 applies to the
donation;
(ii)
sub-paragraph (6) of that paragraph applies to it;
(b)
if the person’s opinion is that neither of those sub-
paragraphs applies to the donation, give the person’s
30
reasons for that opinion.
      (4)
The declaration must also state the full name and address of the
person by whom it is made and, where sub-paragraph (1)(b)
applies—
(a)
state that the person is authorised by P to make the
35
declaration;
(b)
describe the person’s role or position in relation to P.
      (5)
A person who knowingly or recklessly makes a false declaration
under this paragraph commits an offence.
      (6)
Where a recognised third party receives a declaration under this
40
paragraph, all reasonable steps must be taken forthwith by or on
behalf of the recognised third party to verify it.
      (7)
Regulations made by the Secretary of State may make provision as
to how the value of a benefit is to be calculated for the purposes of
sub-paragraph (2).”
45

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
37

5     (1)
In paragraph 9 of that Schedule (statement of relevant donations), for
“paragraphs 10 and 11” there is substituted “paragraphs 9A to 11”.
      (2)
After that paragraph there is inserted—
“Declarations under paragraph 6A
9A
In relation to each relevant donation falling within paragraph
5
10(2) in the case of which a declaration under paragraph 6A has
been given, the statement must confirm (if it is the case) that all
such steps as are required to be taken by paragraph 6A(6) have
been taken, and must either—
(a)
state that no reason was found to think that the declaration
10
was untruthful or inaccurate, or
(b)
give details of any respects in which the declaration was
found or suspected to be untruthful or inaccurate.”
6     (1)
Paragraph 11 of that Schedule (donations from impermissible donors) is
amended as follows.
15
      (2)
In the heading, for “impermissible donors” there is substituted
“impermissible or unidentifiable donors or without required declaration”.
      (3)
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted
“paragraph 6(1)(a), (aa) or (b)”.
      (4)
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “paragraph
20
6(1)(a) or (aa)”.
      (5)
In sub-paragraph (2)(a), after “the donor” there is inserted “or the person
appearing to be the donor”.
      (6)
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “section
56(2)(a) or (aa)”.
25
Schedule 15 to the 2000 Act (control of donations to permitted participants)
7     (1)
In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting
donations from impermissible donors), after paragraph (a) of sub-paragraph
(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £200, the
30
permitted participant has not been given a declaration as
required by paragraph 6A, or”.
      (2)
After paragraph 6 of that Schedule there is inserted—
“Declaration as to source of donation
6A    (1)
Where a person (P) causes an amount exceeding £200 to be
35
received by a permitted participant by way of a donation, a
written declaration must be given to the permitted participant—
(a)
by P, if P is an individual, or
(b)
if not, by an individual authorised by P to make the
declaration,
40

stating, to the best of the individual’s knowledge and belief,
whether or not sub-paragraph (2) applies to the donation.

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
38

      (2)
This sub-paragraph applies to the donation if—
(a)
a person other than P has provided, or is expected to
provide, money or any other benefit to P with a view to, or
otherwise in connection with, the making of the donation,
and
5
(b)
the money, or the value of the benefit, is more than £200.
      (3)
Where a declaration under this section contains a statement to the
effect that sub-paragraph (2) applies to the donation, it must
also—
(a)
state whether or not, in the opinion of the person making
10
the declaration—
(i)
sub-paragraph (5) of paragraph 6 applies to the
donation;
(ii)
sub-paragraph (7) of that paragraph applies to it;
(b)
if the person’s opinion is that neither of those sub-
15
paragraphs applies to the donation, give the person’s
reasons for that opinion.
      (4)
The declaration must also state the full name and address of the
person by whom it is made and, where sub-paragraph (1)(b)
applies—
20
(a)
state that the person is authorised by P to make the
declaration;
(b)
describe the person’s role or position in relation to P.
      (5)
A person who knowingly or recklessly makes a false declaration
under this paragraph commits an offence.
25
      (6)
Where a permitted participant receives a declaration under this
paragraph, all reasonable steps must be taken forthwith by or on
behalf of the permitted participant to verify it.
      (7)
Regulations made by the Secretary of State may make provision as
to how the value of a benefit is to be calculated for the purposes of
30
sub-paragraph (2).”
8     (1)
In paragraph 9 of that Schedule (statement of relevant donations), for
“paragraphs 10 and 11” there is substituted “paragraphs 9A to 11”.
      (2)
After that paragraph there is inserted—
“Declarations under paragraph 6A
35
9A
In relation to each relevant donation falling within paragraph
10(2) in the case of which a declaration under paragraph 6A has
been given, the statement must confirm (if it is the case) that all
such steps as are required to be taken by paragraph 6A(6) have
been taken, and must either—
40
(a)
state that no reason was found to think that the declaration
was untruthful or inaccurate, or
(b)
give details of any respects in which the declaration was
found or suspected to be untruthful or inaccurate.”
9     (1)
Paragraph 11 of that Schedule (donations from impermissible or
45
unidentified donors) is amended as follows.

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
39

      (2)
In the heading, at the end there is inserted “or without required declaration”.
      (3)
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted
“paragraph 6(1)(a), (aa) or (b)”.
      (4)
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “paragraph
6(1)(a) or (aa)”.
5
      (5)
In sub-paragraph (2)(a), after “the donor” there is inserted “or the person
appearing to be the donor”.
      (6)
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “section
56(2)(a) or (aa)”.
Schedule 20 to the 2000 Act (penalties)
10
10
In Schedule 20 (penalties) the following entries are inserted at the
appropriate places—

“Paragraph 6A(5) of Schedule 7
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

source of donation)
statutory maximum or 12 months.

15

On summary conviction in

Northern Ireland: statutory

maximum or 6 months.

On indictment: fine or 1 year.”

“Paragraph 6A(5) of Schedule 11
On summary conviction in

20

(making a false declaration as to
England and Wales or Scotland:

source of donation)
statutory maximum or 12 months.

On summary conviction in

Northern Ireland: statutory

maximum or 6 months.

25

On indictment: fine or 1 year.”

“Paragraph 6A(5) of Schedule 15
On summary conviction in

(making a false declaration as to
England and Wales or Scotland:

source of donation)
statutory maximum or 12 months.

On summary conviction in

30

Northern Ireland: statutory

maximum or 6 months.

On indictment: fine or 1 year.”