|
| |
|
(a) | it enters into a regulated transaction of a description |
| |
mentioned in paragraph 2(1) or (2) to which another party |
| |
is not an authorised participant, |
| |
(b) | no officer of the permitted participant knew or ought |
| |
reasonably to have known that the other party is not an |
| 5 |
authorised participant, and |
| |
(c) | as soon as practicable after knowledge of the matters |
| |
mentioned in paragraph (a) comes to the responsible |
| |
person he fails to take all reasonable steps to repay any |
| |
money which the permitted participant has received by |
| 10 |
virtue of the transaction. |
| |
(6) | A person who is the responsible person in relation to a permitted |
| |
participant that is not an individual commits an offence if— |
| |
(a) | the permitted participant enters into a regulated |
| |
transaction of a description mentioned in paragraph 2(1) |
| 15 |
or (2) to which another party is not an authorised |
| |
| |
(b) | sub-paragraph (3)(b) does not apply to the person, and |
| |
(c) | as soon as practicable after knowledge of the matters |
| |
mentioned in paragraph (a) comes to the person he fails to |
| 20 |
take all reasonable steps to repay any money which the |
| |
permitted participant has received by virtue of the |
| |
| |
(7) | An individual who is a permitted participant commits an offence |
| |
| 25 |
(a) | the individual benefits from or falls to benefit in |
| |
consequence of a connected transaction to which any of the |
| |
parties is not an authorised participant, and |
| |
(b) | the individual knew or ought reasonably to have known of |
| |
the matters mentioned in paragraph (a). |
| 30 |
(8) | A permitted participant that is not an individual commits an |
| |
| |
(a) | it benefits from or falls to benefit in consequence of a |
| |
connected transaction to which any of the parties is not an |
| |
authorised participant, and |
| 35 |
(b) | an officer of the permitted participant knew or ought |
| |
reasonably to have known of the matters mentioned in |
| |
| |
(9) | A person who is the responsible person in relation to a permitted |
| |
participant that is not an individual commits an offence if— |
| 40 |
(a) | the permitted participant benefits from or falls to benefit in |
| |
consequence of a connected transaction to which any of the |
| |
parties is not an authorised participant, and |
| |
(b) | the person knew or ought reasonably to have known of the |
| |
matters mentioned in paragraph (a). |
| 45 |
(10) | An individual who is a permitted participant commits an offence |
| |
| |
(a) | the individual is a party to a transaction of a description |
| |
mentioned in paragraph 2(3)(a), |
| |
|
| |
|
| |
|
(b) | the individual benefits from or falls to benefit in |
| |
consequence of a connected transaction to which any of the |
| |
parties is not an authorised participant, |
| |
(c) | the individual neither knew nor ought reasonably to have |
| |
known of the matters mentioned in paragraphs (a) and (b), |
| 5 |
| |
(d) | as soon as practicable after knowledge of the matters |
| |
mentioned in paragraphs (a) and (b) comes to the |
| |
individual he fails to take all reasonable steps to pay to any |
| |
person who has provided the individual with any benefit |
| 10 |
in consequence of the connected transaction the value of |
| |
| |
(11) | A permitted participant that is not an individual commits an |
| |
| |
(a) | it is a party to a transaction of a description mentioned in |
| 15 |
| |
(b) | it benefits from or falls to benefit in consequence of a |
| |
connected transaction to which any of the parties is not an |
| |
| |
(c) | no officer of the permitted participant knew or ought |
| 20 |
reasonably to have known of the matters mentioned in |
| |
paragraphs (a) and (b), and |
| |
(d) | as soon as practicable after knowledge of the matters |
| |
mentioned in paragraphs (a) and (b) comes to the |
| |
responsible person he fails to take all reasonable steps to |
| 25 |
pay to any person who has provided the permitted |
| |
participant with any benefit in consequence of the |
| |
connected transaction the value of the benefit. |
| |
(12) | A person who is the responsible person in relation to a permitted |
| |
participant that is not an individual commits an offence if— |
| 30 |
(a) | the permitted participant is a party to a transaction of a |
| |
description mentioned in paragraph 2(3)(a), |
| |
(b) | the permitted participant benefits from or falls to benefit in |
| |
consequence of a connected transaction to which any of the |
| |
parties is not an authorised participant, |
| 35 |
(c) | sub-paragraph (9)(b) does not apply to the person, and |
| |
(d) | as soon as practicable after knowledge of the matters |
| |
mentioned in paragraphs (a) and (b) comes to the person |
| |
he fails to take all reasonable steps to pay to any person |
| |
who has provided the permitted participant with any |
| 40 |
benefit in consequence of the connected transaction the |
| |
| |
(13) | A person commits an offence if the person— |
| |
(a) | knowingly enters into, or |
| |
(b) | knowingly does any act in furtherance of, |
| 45 |
| any arrangement which facilitates or is likely to facilitate, whether |
| |
by means of concealment or disguise or otherwise, the |
| |
participation by a permitted participant in a regulated transaction |
| |
with a person other than an authorised participant. |
| |
|
| |
|
| |
|
(14) | It is a defence for a person charged with an offence under sub- |
| |
paragraph (3) to prove that the person took all reasonable steps to |
| |
prevent the permitted participant entering into the transaction. |
| |
(15) | It is a defence for a person charged with an offence under sub- |
| |
paragraph (9) to prove that the person took all reasonable steps to |
| 5 |
prevent the permitted participant benefiting in consequence of the |
| |
| |
(16) | A reference to a permitted participant entering into a regulated |
| |
transaction includes a reference to any circumstances in which the |
| |
terms of a regulated transaction are varied so as to increase the |
| 10 |
amount of money to which the permitted participant is entitled in |
| |
consequence of the transaction. |
| |
(17) | A reference to a permitted participant entering into a transaction |
| |
to which another party is not an authorised participant includes a |
| |
reference to any circumstances in which another party to the |
| 15 |
transaction who is an authorised participant ceases (for whatever |
| |
reason) to be an authorised participant. |
| |
| |
9 (1) | A person guilty of an offence under sub-paragraph (1), (2), (4), (7), |
| |
(8) or (10) of paragraph 8 is liable— |
| 20 |
(a) | on summary conviction, to a fine not exceeding the |
| |
| |
(b) | on conviction on indictment, to a fine. |
| |
(2) | A person guilty of an offence under sub-paragraph (3), (5), (6), (9), |
| |
(11), (12) or (13) of paragraph 8 is liable— |
| 25 |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or to a fine not exceeding the |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term |
| |
not exceeding 12 months or to a fine. |
| 30 |
(3) | In the application of sub-paragraph (2)(a)— |
| |
(a) | in England and Wales, in relation to an offence committed |
| |
before the commencement of section 154(1) of the Criminal |
| |
| |
| 35 |
| the reference to 12 months is to be read as a reference to 6 months. |
| |
| |
Reporting of regulated transactions |
| |
Statement of regulated transactions |
| |
10 (1) | The responsible person in relation to a permitted participant must |
| 40 |
include in any return required to be prepared under section 120 a |
| |
statement of regulated transactions entered into by the permitted |
| |
| |
(2) | The statement must comply with paragraphs 11 to 15. |
| |
|
| |
|
| |
|
(3) | For the purposes of those paragraphs a regulated transaction is a |
| |
| |
(a) | if the value of the transaction is more than £7,500, or |
| |
(b) | if the aggregate value of it and any other relevant benefit |
| |
or benefits is more than that amount. |
| 5 |
| In paragraph (b) “relevant benefit” means any relevant donation |
| |
(within the meaning of Schedule 15) or regulated transaction |
| |
made by, or entered into with, the person with whom the |
| |
regulated transaction was entered into. |
| |
Identity of authorised participants |
| 10 |
11 | The statement must record, in relation to each recordable |
| |
transaction to which an authorised participant was a party, the |
| |
information about the authorised participant which is, in |
| |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| 15 |
paragraph 2 of Schedule 6A. |
| |
Identity of unauthorised participants |
| |
12 | The statement must record, in relation to each recordable |
| |
transaction to which a person other than an authorised participant |
| |
| 20 |
(a) | the name and address of the person; |
| |
(b) | the date when, and the manner in which, the transaction |
| |
was dealt with in accordance with sub-paragraphs (3) to |
| |
(5) of paragraph 5 or those sub-paragraphs as applied by |
| |
| 25 |
| |
13 (1) | The statement must record, in relation to each recordable |
| |
transaction, the information about the transaction which is, in |
| |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| 30 |
paragraph 5(2), (3) and (4) of Schedule 6A (read with any |
| |
necessary modifications). |
| |
(2) | The statement must record, in relation to each recordable |
| |
transaction of a description mentioned in paragraph 2(1) or (2) |
| |
above, the information about the transaction which is, in |
| 35 |
connection with transactions entered into by political parties, |
| |
required to be recorded in transaction reports by virtue of |
| |
paragraph 6 of Schedule 6A. |
| |
(3) | The statement must record, in relation to each recordable |
| |
transaction of a description mentioned in paragraph 2(3)(a) above, |
| 40 |
the information about the transaction which is, in connection with |
| |
transactions entered into by political parties, required to be |
| |
recorded in transaction reports by virtue of paragraph 7(2)(b), (3) |
| |
| |
|
| |
|
| |
|
| |
14 (1) | Where another authorised participant has become a party to a |
| |
regulated transaction (whether in place of or in addition to any |
| |
existing participant), or there has been any other change in any of |
| |
the information that is required by paragraphs 11 to 13 to be |
| 5 |
included in the statement, the statement must record— |
| |
(a) | the information as it was both before and after the change; |
| |
(b) | the date of the change. |
| |
(2) | Where a recordable transaction has come to an end, the statement |
| |
| 10 |
| |
(b) | record the date when it happened; |
| |
(c) | in the case of a loan, state how the loan has come to an end. |
| |
(3) | For the purposes of sub-paragraph (2), a loan comes to an end if— |
| |
(a) | the whole debt (or all the remaining debt) is repaid; |
| 15 |
(b) | the creditor releases the whole debt. |
| |
Total value of non-recordable transactions |
| |
15 | The statement must record the total value of any regulated |
| |
transactions that are not recordable transactions. |
| |
| 20 |
| |
Non-disclosure with intent to conceal |
| |
16 (1) | This paragraph applies where, on an application made by the |
| |
Commission, the court is satisfied that any failure to comply with |
| |
a requirement of Part 3 of this Schedule in relation to— |
| 25 |
(a) | any transaction entered into by the permitted participant, |
| |
| |
(b) | any change made to a transaction to which the permitted |
| |
| |
| was attributable to an intention on the part of any person to |
| 30 |
conceal the existence or true value of the transaction. |
| |
(2) | The court may make such order as it thinks fit to restore (so far as |
| |
is possible) the parties to the transaction to the position they |
| |
would have been in if the transaction had not been entered into. |
| |
(3) | An order under this paragraph may in particular— |
| 35 |
(a) | where the transaction is a loan or credit facility, require |
| |
that any amount owed by the permitted participant be |
| |
repaid (and that no further sums be advanced under it); |
| |
(b) | where any form of security is given for a sum owed under |
| |
the transaction, or the transaction is an arrangement by |
| 40 |
which any form of security is given, require that the |
| |
| |
|
| |
|
| |
|
Proceedings under paragraphs 5 and 16 |
| |
17 (1) | This paragraph has effect in relation to proceedings on an |
| |
application under paragraph 5(4) or 16. |
| |
| |
(a) | in England and Wales, the county court; |
| 5 |
(b) | in Northern Ireland, the county court. |
| |
| In Scotland, the court is the sheriff and the proceedings are civil |
| |
| |
(3) | The standard of proof is that applicable to civil proceedings. |
| |
(4) | An order may be made whether or not proceedings are brought |
| 10 |
against any person for an offence under paragraph 8 or section |
| |
| |
(5) | An appeal against an order made by the sheriff may be made to |
| |
| |
(6) | Rules of court in any part of the United Kingdom may make |
| 15 |
| |
(a) | with respect to applications or appeals from proceedings |
| |
| |
(b) | for the giving of notice of such applications or appeals to |
| |
| 20 |
(c) | for the joinder, or in Scotland sisting, of such persons as |
| |
| |
(d) | generally with respect to procedure in such applications or |
| |
| |
(7) | Sub-paragraph (6) does not affect any existing power to make |
| 25 |
| |
| |
| |
“authorised participant” is to be construed in accordance |
| |
with paragraph 4 (and see paragraph 1(5)); |
| 30 |
“connected transaction” has the meaning given by paragraph |
| |
| |
“credit facility” has the meaning given by paragraph 2(11); |
| |
“permitted participant” is to be construed in accordance with |
| |
| 35 |
“regulated transaction” is to be construed in accordance with |
| |
| |
(2) | For the purposes of any provision relating to the reporting of |
| |
transactions, anything required to be done by a permitted |
| |
participant in consequence of its being a party to a regulated |
| 40 |
transaction must also be done by it, if it is a party to a transaction |
| |
of a description mentioned in paragraph 2(3)(a), as if it were a |
| |
party to the connected transaction.” |
| |
|
| |
|