Political Parties and Elections Bill

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
66

“Paragraph 6A(5) of Schedule 11
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

Northern Ireland: statutory

5

maximum or 6 months

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

10

On summary conviction in

Northern Ireland: statutory

maximum or 6 months

On indictment: fine or 1 year”.

Schedule 4
15
Section 16

Reports of gifts received by unincorporated associations making donations:
Schedule to be inserted into the 2000 Act
“Schedule 19A
Section 140A

Reports of gifts received by unincorporated associations making
donations
20
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
having previously made any political donations in that
25
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 period of 30 days beginning with the date on which the
30
donation was made.
      (2)
A “political donation” is a donation to any of the following—
(a)
a registered party;
(b)
a regulated donee;
(c)
a recognised third party;
35
(d)
a permitted participant.

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
67

      (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—
“donation”—
(a)
in relation to a registered party, has the meaning
5
given in Chapter 1 of Part 4;
(b)
in relation to a regulated donee, has the meaning
given in Part 1 of Schedule 7;
(c)
in relation to a recognised third party, has the
meaning given in Part 1 of Schedule 11;
10
(d)
in relation to a permitted participant, has the meaning
given to “relevant donation” in Part 1 of Schedule 15;
“permitted participant” has the meaning given in section 105
except that it does not include a registered party other than
a minor party;
15
“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
20
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
25
11;
(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
30
treated for the purposes of this paragraph as made on the earlier
of those days.
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
35
the notification requirement in paragraph 1; and in this
paragraph—
“the donation date” means the date on which that donation
was made;
“quarter” means a period of three months ending on 31st
40
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 —
(a)
specifying every gift of more than £7,500 received by the
45
association in the period—

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
68

(i)
beginning at the start of the calendar year
preceding the year in which the donation date falls,
and
(ii)
ending with the donation date,

or
5
(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
to begin after the donation date, the unincorporated association
must make a report to the Commission —
10
(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
(ii)
ending with the end of the quarter,

or
15
(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 which the donation date falls or in the following calendar year,
the unincorporated association must within the period of 30 days
20
following the end of the quarter make a report to the Commission
—
(a)
specifying every gift of more than £7,500 received by the
association in the quarter, or
(b)
(if it is the case) stating that the association received no
25
such gifts in the quarter.
      (5)
Where—
(a)
an unincorporated association receives two or more gifts
of more than £500 from the same person in the same
calendar year, and
30
(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
the gift that takes the total amount of gifts from that person in that
year above £7,500.
35
      (6)
Where—
(a)
an unincorporated association receives (or is treated by
sub-paragraph (5) as receiving) a gift of more than £7,500
from a particular person, and
(b)
later in the same calendar year the association receives a
40
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.
      (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
45
money, as a reference to a gift with a value of more than that
amount.

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
69

      (8)
Nothing in this paragraph requires an unincorporated association
to report to the Commission—
(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
5
members association within the meaning of Schedule 7,
any gift that it is required to report to them under Part 3 of
that Schedule.
Information to be included in reports under paragraph 2
3     (1)
A report under paragraph 2 must give the following information
10
in relation to each gift that is required to be specified—
(a)
the date on which it was received;
(b)
the form that it took;
(c)
the amount or value of it;
(d)
whatever details the unincorporated association knows of
15
the name and address of the person by whom the gift was
made.
      (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).
20
      (3)
Where a person (“P”) makes a gift indirectly through one or more
intermediaries, the reference in sub-paragraph (1)(d) to the person
by whom the gift was made is to be read as a reference to P and
each of the intermediaries.
Declaration by authorised individual
25
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 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,
30
and
(b)
the notification or report contains everything that it is
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
35
must (as well as containing the things that paragraphs 1 and 4 or
paragraphs 3 and 4 require it to contain)—
(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
40
United Kingdom;
(c)
state the full name and address of the individual making
the declaration under paragraph 4;
(d)
state that the individual is authorised by the
unincorporated association to make the declaration;
45

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
70

(e)
describe the individual’s role or position in relation to the
association.
Offences
6     (1)
An unincorporated association commits an offence if it—
(a)
is required by paragraph 1 to give a notification to the
5
Commission, or
(b)
is required by paragraph 2 to make a report to the
Commission,

and fails without reasonable excuse to do so within the permitted
period.
10
      (2)
An unincorporated association commits an offence if, without
reasonable excuse, it—
(a)
gives a notification to the Commission under paragraph 1,
or
(b)
makes a report to the Commission under paragraph 2,
15

which fails to comply with any requirement of this Schedule
applying to the notification or report.
      (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—
20
(a)
in relation to a notification under paragraph 1, the period
of 30 days mentioned in paragraph 1(1);
(b)
in relation to a notice under sub-paragraph (2) of
paragraph 2, the period of 60 days mentioned in that sub-
paragraph;
25
(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 2, the period of 30 days mentioned in that sub-
30
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.
35
      (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;
40
(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
45
which the report was given;

Political Parties and Elections Bill
Schedule 4 — Reports of gifts received by unincorporated associations making donations: Schedule to be inserted into the 2000 Act
71

(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.
      (3)
Where the Commission are given any notification under
5
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.
      (4)
The information to be entered in the register in respect of any
10
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
paragraph 7, and
15
(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
whom the gift was made unless—
20
(a)
they have given to the person a notice stating that they
propose to include such information, and inviting
representations on the matter, and
(b)
they decide, having considered any representations made
by the person, that it is reasonable to include such
25
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 in the register.
30
      (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 received before the end of that period.
35
      (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.
      (2)
Anything given or transferred to any officer, member, trustee or
40
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
association are to be read accordingly).
45
      (3)
Regulations made by the Secretary of State may—

Political Parties and Elections Bill
Schedule 5 — Minor and consequential amendments
72

(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;
(b)
make provision as to how the value of a gift to an
unincorporated association is to be calculated for the
5
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
person—
(a)
pays expenses incurred by another;
10
(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
that is worth less than what is transferred (or for no
consideration).”
15
Schedule 5
Section 34

Minor and consequential amendments
Representation of the People Act 1983 (c. 2)
1     (1)
Section 10A (maintenance of registers: registration of electors) is amended as
follows.
20
      (2)
In subsection (2), the words “, on the 15th October in the year in question,”
are omitted.
      (3)
After that subsection there is inserted—
“(2A)
The application referred to in subsection (2) above shall (subject to
section 13BB(2)) be treated as made on the 15th October in the year
25
in question.”
2
In section 13 (publication of registers), in subsection (5)(b), for “section 13A,
13B or 13BA” there is substituted “any of sections 13A to 13BB”.
3
In section 13A (alteration of registers), in subsection (5), for “this section and
section 13B or 13BA below” there is substituted “this section, section 13B or
30
13BA below or section 13BB below”.
4
In section 65A (false statements in nomination papers etc), in subsection (1),
after paragraph (a) there is inserted—
“(aa)
(where the election is a parliamentary election) a statement
under rule 6(5)(b) of Schedule 1 to this Act which he knows
35
to be false in any particular; or”.
5     (1)
Section 70 (effect of default in election agent’s appointment) is amended as
follows.
      (2)
In subsection (4)(a), after “the statement as to persons nominated” there is
inserted “(or where, in the case of a parliamentary election, the address is not
40
given on that statement, the address as given under rule 6(4) of Schedule 1
to this Act)”.