House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 26 February 2009
158

Political Parties and Elections Bill, continued

(4)
The Secretary of State, after consulting the Electoral Commission, may make an

order that—

(a)
amends or modifies the Schedule inserted into the 2000 Act by Schedule

[Reports of gifts received by unincorporated associations making

donations: Schedule to be inserted into the 2000 Act] so far as it applies

in relation to Northern Ireland;

(b)
makes provision that is consequential on or supplemental to that made by

virtue of paragraph (a) (including provision amending or modifying any

provision of the 2000 Act).

(5)
The power to make an order under subsection (4) is exercisable by statutory

instrument.

(6)
No order may be made under subsection (4) unless a draft of the instrument

containing the order has been laid before and approved by a resolution of each

House of Parliament.

(7)
In the Schedule inserted into the 2000 Act by Schedule [Reports of gifts received

by unincorporated associations making donations: Schedule to be inserted into

the 2000 Act] to this Act—

(a)
the reference in paragraph 1(1) to a calendar year does not include any

year before 2010;

(b)
a reference in paragraph 2 to a gift does not include any gift received

before the day on which this Act is passed.’.

Secretary Jack Straw

112

Page  14,  line  38  [Clause  23],  at end insert—

‘( )
section [Reports of gifts received by unincorporated associations making

donations] and Schedule [Reports of gifts received by unincorporated

associations making donations: Schedule to be inserted into the 2000

Act],’.

Secretary Jack Straw

113

Page  45,  line  30  [Schedule  4],  at end insert—

‘
In the heading to Part 9, after “companies” there is inserted “and

unincorporated associations”.’.

Notices of Amendments: 26 February 2009
159

Political Parties and Elections Bill, continued

Secretary Jack Straw

114

Page  45,  line  39  [Schedule  4],  at end insert—

‘
In section 149 (inspection of Commission’s registers etc), in subsection (1), at

the end there is inserted—

“(f)
paragraph 7 of Schedule 19ZA”.’.

Secretary Jack Straw

NS1

To move the following Schedule:—

‘Reports of gifts received by unincorporated associations making donations:

Schedule to be inserted into the 2000 Act

“Schedule 19ZA

Section 140A

Reports of gifts received by unincorporated associations making
5
donations

Requirement to notify Commission of donations over £25,000

1    (1)
Where in any calendar year an unincorporated association falling

within section 54(2)(h)—

(a)
makes a political donation of more than £25,000, not
10
having previously made any political donations in that

year, or

(b)
makes a political donation which takes the total amount of

such donations made by it in that year above £25,000,


the association must notify the Commission accordingly within the
15
period of 30 days beginning with the date on which the donation

was made.

      (2)
A “political donation” is a donation to any of the following—

(a)
a registered party;

(b)
a regulated donee;
20
(c)
a recognised third party;

(d)
a permitted participant.

      (3)
For the purposes of sub-paragraph (1)(b) a donation is not counted

towards the total unless it is a donation of more than £500.

      (4)
In this paragraph—
25
“donation”—

(a)
in relation to a registered party, has the meaning given in Chapter

1 of Part 4;

(b)
in relation to a regulated donee, has the meaning given in Part 1

of Schedule 7;
30
(c)
in relation to a recognised third party, has the meaning given in

Part 1 of Schedule 11;

(d)
in relation to a permitted participant, has the meaning given to

“relevant donation” in Part 1 of Schedule 15;

Notices of Amendments: 26 February 2009
160

Political Parties and Elections Bill, continued

“permitted participant” has the meaning given in section 105 except
35
that it does not include a registered party other than a minor party;

“recognised third party” has the meaning given in section 85;

“regulated donee” has the meaning given in Part 1 of Schedule 7.

      (5)
For the purposes of this paragraph—

(a)
the value of a donation to a registered party shall be
40
determined in accordance with section 53;

(b)
the value of a donation to a regulated donee shall be

determined in accordance with paragraph 5 of Schedule 7;

(c)
the value of a donation to a recognised third party shall be

determined in accordance with paragraph 5 of Schedule 11;
45
(d)
the value of a donation to a permitted participant shall be

determined in accordance with paragraph 5 of Schedule 15.

      (6)
Where a donation is sent on one day and received on another, it is

treated for the purposes of this paragraph as made on the earlier of

those days.
50
Requirement to report gifts received to Commission

2    (1)
This paragraph applies where the making of a donation by an

unincorporated association causes the association to be subject to

the notification requirement in paragraph 1; and in this paragraph—

“the donation date” means the date on which that donation was made;
55
“quarter” means a period of three months ending on 31st March, 30th

June, 30th September or 31st December.

      (2)
Within the period of 60 days beginning with the donation date, the

unincorporated association must make a report to the Commission

—
60
(a)
specifying every gift of more than £7,500 received by the

association in the period—

(i)
beginning at the start of the calendar year

preceding the year in which the donation date falls,

and
65
(ii)
ending with the donation date,


or

(b)
(if it is the case) stating that the association received no

such gifts in the period mentioned in paragraph (a).

      (3)
Within the period of 30 days following the end of the first quarter
70
to begin after the donation date, the unincorporated association

must make a report to the Commission —

(a)
specifying every gift of more than £7,500 received by the

association in the period—

(i)
beginning with the day after the donation date, and
75
(ii)
ending with the end of the quarter,


or

(b)
(if it is the case) stating that the association received no

such gifts in the period mentioned in paragraph (a).

      (4)
In relation to each subsequent quarter ending in the calendar year in
80
which the donation date falls or in the following calendar year, the

Notices of Amendments: 26 February 2009
161

Political Parties and Elections Bill, continued

unincorporated association must within the period of 30 days

following the end of the quarter make a report to the Commission

—

(a)
specifying every gift of more than £7,500 received by the
85
association in the quarter, or

(b)
(if it is the case) stating that the association received no

such gifts in the quarter.

      (5)
Where—

(a)
an unincorporated association receives two or more gifts of
90
more than £500 from the same person in the same calendar

year, and

(b)
those gifts amount to more than £7,500 in total,


the association is treated for the purposes of this paragraph as

receiving a gift of more than £7,500 on the day on which it receives
95
the gift that takes the total amount of gifts from that person in that

year above £7,500.

      (6)
Where—

(a)
an unincorporated association receives (or is treated by

sub-paragraph (5) as receiving) a gift of more than £7,500
100
from a particular person, and

(b)
later in the same calendar year the association receives a

gift of more than £1,500 from the same person,


that subsequent gift is treated for the purposes of this paragraph in

the same way as a gift of more than £7,500.
105
      (7)
A reference in this paragraph to a gift of more than a certain amount

is to be read, in the case of a gift in a form other than money, as a

reference to a gift with a value of more than that amount.

      (8)
Nothing in this paragraph requires an unincorporated association to

report to the Commission—
110
(a)
any gift that it has already reported to them under this

paragraph, or

(b)
in the case of an association that at the relevant time was a

members association within the meaning of Schedule 7,

any gift that it is required to report to them under Part 3 of
115
that Schedule.

Information to be included in reports under paragraph 2

3    (1)
A report under paragraph 2 must give the following information in

relation to each gift that is required to be specified—

(a)
the date on which it was received;
120
(b)
the form that it took;

(c)
the amount or value of it;

(d)
whatever details the unincorporated association knows of

the name and address of the person by whom the gift was

made.
125
      (2)
Where paragraph 2(5) applies, each of the gifts of more than £500

mentioned in that provision is required to be specified separately for

the purposes of sub-paragraph (1).

Notices of Amendments: 26 February 2009
162

Political Parties and Elections Bill, continued

      (3)
Where a person (“P”) makes a gift indirectly through one or more

intermediaries, the reference in sub-paragraph (1)(d) to the person
130
by whom the gift was made is to be read as a reference to P and each

of the intermediaries.

Declaration by authorised individual

4
A notification under paragraph 1 or a report under paragraph 2 must

contain a declaration, made by an individual authorised to do so by
135
the unincorporated association concerned, that to the best of the

individual’s knowledge and belief—

(a)
everything stated in the notification or report is accurate,

and

(b)
the notification or report contains everything that it is
140
required to contain by this Schedule.

Additional matters to be included in notifications and reports

5
A notification under paragraph 1 or a report under paragraph 2 must

(as well as containing the things that paragraphs 1 and 4 or

paragraphs 3 and 4 require it to contain)—
145
(a)
state the name of the unincorporated association by which

it is given;

(b)
state the address of the association’s main office in the

United Kingdom;

(c)
state the full name and address of the individual making the
150
declaration under paragraph 4;

(d)
state that the individual is authorised by the unincorporated

association to make the declaration;

(e)
describe the individual’s role or position in relation to the

association.
155
Offences

6    (1)
An unincorporated association commits an offence if it—

(a)
is required by paragraph 1 to give a notification to the

Commission, or

(b)
is required by paragraph 2 to make a report to the
160
Commission,


and fails without reasonable excuse to do so within the permitted

period.

      (2)
An unincorporated association commits an offence if, without

reasonable excuse, it—
165
(a)
gives a notification to the Commission under paragraph 1,

or

(b)
makes a report to the Commission under paragraph 2,


which fails to comply with any requirement of this Schedule

applying to the notification or report.
170
      (3)
An individual who knowingly or recklessly makes a false

declaration under paragraph 4 commits an offence.

      (4)
For the purposes of sub-paragraph (1) the “permitted period” is—

Notices of Amendments: 26 February 2009
163

Political Parties and Elections Bill, continued

(a)
in relation to a notification under paragraph 1, the period of

30 days mentioned in paragraph 1(1);
175
(b)
in relation to a notice under sub-paragraph (2) of paragraph

2, the period of 60 days mentioned in that sub-paragraph;

(c)
in relation to a notice under sub-paragraph (3) of paragraph

2, the period of 30 days mentioned in that sub-paragraph;

(d)
in relation to a notice under sub-paragraph (4) of paragraph
180
2, the period of 30 days mentioned in that sub-paragraph.

Register of recordable gifts to unincorporated associations

7    (1)
The Commission shall maintain a register of all notifications made

to them under paragraph 1 and all gifts reported to them under

paragraph 2.
185
      (2)
The register shall be maintained by the Commission in such form as

they may determine and shall contain the following details—

(a)
in the case of each notification under paragraph 1—

(i)
the name of the unincorporated association by

which the notification was given;
190
(ii)
the address of the association’s main office in the

United Kingdom;

(iii)
the date on which the notification was given;

(b)
in the case of each gift reported under paragraph 2—

(i)
the name of the unincorporated association by
195
which the report was given;

(ii)
the address of the association’s main office in the

United Kingdom;

(iii)
(subject to sub-paragraph (4) and paragraph 8) the

information provided under paragraph 3.
200
      (3)
Where the Commission are given any notification under paragraph

1 or any report under paragraph 2, they shall cause the details

mentioned in sub-paragraph (2)(a) (in respect of a notification) or

sub-paragraph (2)(b) (in respect of a report) to be entered in the

register as soon as is reasonably practicable.
205
      (4)
The information to be entered in the register in respect of any

individual shall not include the individual’s home address.

8    (1)
This paragraph applies where—

(a)
an unincorporated association receives a gift in respect of

which an entry falls to be made in the register under
210
paragraph 7, and

(b)
at the time when the gift is received there is no entry in the

register in respect of that unincorporated association.

      (2)
The Commission shall not include in the register any information

that would or might identify a person as someone by or through
215
whom the gift was made unless—

(a)
they have given to the person a notice stating that they

propose to include such information, and inviting

representations on the matter, and

Notices of Amendments: 26 February 2009
164

Political Parties and Elections Bill, continued

(b)
they decide, having considered any representations made
220
by the person, that it is reasonable to include such

information in the register.

      (3)
The Commission shall make reasonable efforts to give a notice

under sub-paragraph (2)(a) in any case where, if a notice is not

given, sub-paragraph (2) prevents information from being included
225
in the register.

      (4)
The Commission shall not make a decision on the matter referred to

in sub-paragraph (2)(b) until after the period of 45 days beginning

with the date on which they gave the notice under sub-paragraph

(2)(a), unless representations from the person concerned are
230
received before the end of that period.

      (5)
Once they have made a decision on that matter the Commission

shall give notification of it to the person concerned.

Meaning of “gift”, etc

9    (1)
In this Schedule “gift” includes bequest.
235
      (2)
Anything given or transferred to any officer, member, trustee or

agent of an unincorporated association in that person’s capacity as

such (and not for the person’s own use or benefit) is to be regarded

for the purposes of this Schedule as given or transferred to the

association (and references to gifts received by an unincorporated
240
association are to be read accordingly).

      (3)
Regulations made by the Secretary of State may—

(a)
make provision as to things that are, or are not, to be

regarded as gifts to unincorporated associations for the

purposes of this Schedule;
245
(b)
make provision as to how the value of a gift to an

unincorporated association is to be calculated for the

purposes of this Schedule.

      (4)
Provision made under sub-paragraph (3)(a) may, in particular,

provide for a person to be treated as making a gift where that
250
person—

(a)
pays expenses incurred by another;

(b)
provides any property, services or facilities for the use or

benefit of another otherwise than on commercial terms;

(c)
transfers any money or other property for a consideration
255
that is worth less than what is transferred (or for no

consideration).”’.

As Amendments to Secretary Jack Straw’s proposed New Schedule (Reports of gifts

received by unincorporated associations making donations) (NS1):—

Mr Francis Maude

Mr Jonathan Djanogly

Mrs Eleanor Laing

(a)


Line  9,  after ‘£25,000’, insert ‘plus an annual upwards-only indexation

allowance’.