Political Parties and Elections Bill

House of Lords

Session 2008 - 09
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
59

(c)
a sum paid as mentioned in paragraph 2(2) (in discharge of
liability for a fixed monetary penalty),

they shall pay it into the Consolidated Fund.
Reports on use of civil sanctions
27    (1)
Each report by the Commission under paragraph 20 of Schedule 1
5
shall contain information about the use made by the Commission
of their powers under this Schedule during the year in question.
      (2)
The report shall, in particular, specify—
(a)
the cases in which a fixed monetary penalty or
discretionary requirement was imposed or a stop notice
10
served (other than cases in which the penalty, requirement
or notice was overturned on appeal);
(b)
the cases in which liability for a fixed monetary penalty
was discharged as mentioned in paragraph 2(2);
(c)
the cases in which an enforcement undertaking was
15
accepted.
      (3)
This paragraph does not require the Commission to include in a
report any information that, in their opinion, it would be
inappropriate to include on the ground that to do so—
(a)
would or might be unlawful, or
20
(b)
might adversely affect any current investigation or
proceedings.
Disclosure of information
28    (1)
Information held by or on behalf of—
(a)
the Crown Prosecution Service,
25
(b)
a member of a police force in England and Wales,
(c)
a Procurator Fiscal,
(d)
a constable of a police force in Scotland,
(e)
the Public Prosecution Service for Northern Ireland, or
(f)
a member of the Police Service of Northern Ireland,
30

may be disclosed to the Commission for the purpose of the
exercise by the Commission of any powers conferred on them
under or by virtue of this Schedule.
      (2)
It is immaterial for the purposes of sub-paragraph (1) whether the
information was obtained before or after the coming into effect of
35
this Schedule.
      (3)
A disclosure under this paragraph is not to be taken to breach any
restriction on the disclosure of information (however imposed).
      (4)
Nothing in this paragraph authorises the making of a disclosure in
contravention of—
40
(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
from this paragraph.

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
60

Part 7
Interpretation
Interpretation of Schedule
29
In this Schedule—
“completion certificate” has the meaning given in paragraph
5
12(1);
“discretionary requirement” has the meaning given in
paragraph 5(5);
“enforcement undertaking” has the meaning given in
paragraph 15(1)(b);
10
“fixed monetary penalty” has the meaning given in
paragraph 1(5);
“non-compliance penalty” has the meaning given in
paragraph 9(1);
“non-monetary discretionary requirement” has the meaning
15
given in paragraph 5(7);
“permitted participant” has the meaning given in section
105(1);
“prescribed” means prescribed in a supplementary order;
“recognised third party” has the meaning given in section
20
85(5);
“responsible person”—
(a)
in relation to a recognised third party, has the
meaning given in section 85(7);
(b)
in relation to a permitted participant, has the meaning
25
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);
“variable monetary penalty” has the meaning given in
30
paragraph 5(7).”
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
35
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 £7,500, the
donee has not been given a declaration as required by
paragraph 6A, or”.
40

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
61

      (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 £7,500 to be
received by a regulated donee by way of a donation, a written
declaration must be given to the donee—
5
(a)
by P, if P is an individual, or
(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.
10
      (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
15
(b)
the money, or the value of the benefit, is more than £7,500.
      (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
20
the declaration—
(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-
25
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—
30
(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.
35
      (6)
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).”
2     (1)
Paragraph 10 of that Schedule (donation reports: donations from
permissible donors) is amended as follows.
40
      (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
end there is substituted “each controlled donation which is a recordable
donation and either—
(a)
has been accepted by the donee, or
45

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
62

(b)
has not been accepted by the donee but is a donation in the
case of which a declaration under paragraph 6A has been
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
      (5)
In sub-paragraph (5)—
(a)
for “paragraphs 2, 2A and 4” there is substituted “paragraphs 1A, 2,
2A and 4”;
(b)
after paragraph (a) there is inserted—
“(aa)
any reference to section 54A shall be read as a
10
reference to paragraph 6A above;”.
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
15
“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)”.
20
      (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)
25
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
(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £7,500, the
recognised third party has not been given a declaration as
30
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 £7,500 to be
received by a recognised third party by way of a donation, a
35
written declaration must be given to the recognised third party—
(a)
by P, if P is an individual, or
(b)
if not, by an individual authorised by P to make the
declaration,

stating, to the best of the individual’s knowledge and belief,
40
whether or not sub-paragraph (2) applies to the donation.
      (2)
This sub-paragraph applies to the donation if—

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
63

(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 £7,500.
5
      (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—
10
(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
15
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
20
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)
Regulations made by the Secretary of State may make provision as
25
to how the value of a benefit is to be calculated for the purposes of
sub-paragraph (2).”
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—
30
“Declarations under paragraph 6A
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 either—
(a)
state that no reason was found to think that the declaration
35
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.
40
      (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)”.

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
64

      (4)
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “paragraph
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
5
56(2)(a) or (aa)”.
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—
10
“(aa)
in the case of a donation of an amount exceeding £7,500, the
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
15
6A    (1)
Where a person (P) causes an amount exceeding £7,500 to be
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
20
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—
(a)
a person other than P has provided, or is expected to
25
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 £7,500.
      (3)
Where a declaration under this section contains a statement to the
30
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—
(i)
sub-paragraph (5) of paragraph 6 applies to the
35
donation;
(ii)
sub-paragraph (7) 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
reasons for that opinion.
40
      (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
declaration;
45

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
65

(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)
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).”
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
10
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 either—
(a)
state that no reason was found to think that the declaration
was untruthful or inaccurate, or
15
(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
unidentified donors) is amended as follows.
      (2)
In the heading, at the end there is inserted “or without required declaration”.
20
      (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)
In sub-paragraph (2)(a), after “the donor” there is inserted “or the person
25
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
In Schedule 20 (penalties) the following entries are inserted at the
30
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

On summary conviction in

35

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”