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Political Parties and Elections Bill


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

68

 

      (2)  

After that paragraph there is inserted—

“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—

5

(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.”

6     (1)  

Paragraph 11 of that Schedule (donations from impermissible donors) is

10

amended as follows.

      (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)”.

15

      (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

20

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—

25

“(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

30

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

35

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

40

provide, money or any other benefit to P with a view to, or

otherwise in connection with, the making of the donation,

and

 
 

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

69

 

(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

5

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-

10

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—

15

(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.

20

      (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).”

8     (1)  

In paragraph 9 of that Schedule (statement of relevant donations), for

“paragraphs 10 and 11” there is substituted “paragraphs 9A to 11”.

25

      (2)  

After that paragraph there is inserted—

“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—

30

(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

35

unidentified donors) is amended as follows.

      (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

40

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”.

 
 

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

70

 

      (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

appropriate places—

5

 

“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

 
  

Northern Ireland: statutory

 

10

  

maximum or 6 months

 
  

On indictment: fine or 1 year”

 
 

“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

 

15

  

On summary conviction in

 
  

Northern Ireland: statutory

 
  

maximum or 6 months

 
  

On indictment: fine or 1 year”

 
 

“Paragraph 6A(5) of Schedule 15

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”.

 
 
 

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

71

 

Schedule 4

Section 17

 

Reports of gifts received by unincorporated associations making political

contributions: Schedule to be inserted into the 2000 Act

“Schedule 19A

Section 140A

 

Reports of gifts received by unincorporated associations making

5

political contributions

Requirement to notify Commission of political contributions over £25,000

1     (1)  

Where in any calendar year an unincorporated association falling

within section 54(2)(h)—

(a)   

makes a political contribution of more than £25,000, not

10

having previously made any political contributions in that

year, or

(b)   

makes a political contribution which takes the total

amount of such contributions made by it in that year above

£25,000,

15

           

the association must notify the Commission accordingly within

the period of 30 days beginning with the date on which the

contribution was made.

      (2)  

An unincorporated association makes a “political contribution” in

any of the following cases—

20

(a)   

it makes a donation (within the meaning of Part 4) to a

registered party;

(b)   

it makes a loan of money to a registered party, or

discharges (to any extent) a liability of a registered party,

in pursuance of a regulated transaction (within the

25

meaning of Part 4A);

(c)   

it makes a donation (within the meaning of Schedule 7) to

a regulated donee;

(d)   

it makes a loan of money to a regulated donee, or

discharges (to any extent) a liability of a regulated donee,

30

in pursuance of a controlled transaction (within the

meaning of Schedule 7A);

(e)   

it makes a donation (within the meaning of Schedule 11) to

a recognised third party;

(f)   

it makes a donation (within the meaning of Schedule 15) to

35

a permitted participant.

      (3)  

For the purposes of sub-paragraph (1)(b) a contribution is not

counted towards the total unless it is a contribution of more than

£500.

      (4)  

In this paragraph—

40

“permitted participant” has the meaning given in section 105

except 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

45

Schedule 7.

 
 

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

72

 

      (5)  

For the purposes of this paragraph—

(a)   

the value of a donation to a registered party shall be

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;

5

(c)   

the value of a donation to a recognised third party shall be

determined in accordance with paragraph 5 of Schedule

11;

(d)   

the value of a donation to a permitted participant shall be

determined in accordance with paragraph 5 of Schedule

10

15;

(e)   

the value of a contribution within sub-paragraph (2)(b) or

(d) is the amount of money lent or liability discharged.

      (6)  

Where a donation, or a sum of money lent, is sent on one day and

received on another, the donation or loan is treated for the

15

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 political

contribution by an unincorporated association causes the

association to be subject to the notification requirement in

20

paragraph 1; and in this paragraph—

“the contribution date” means the date on which that

contribution was made;

“quarter” means a period of three months ending on 31st

March, 30th June, 30th September or 31st December.

25

      (2)  

Within the period of 60 days beginning with the contribution 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—

30

(i)   

beginning at the start of the calendar year

preceding the year in which the contribution date

falls, and

(ii)   

ending with the contribution date,

   

or

35

(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 contribution date, the unincorporated

association must make a report to the Commission—

40

(a)   

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

association in the period—

(i)   

beginning with the day after the contribution date,

and

(ii)   

ending with the end of the quarter,

45

   

or

(b)   

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

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

 
 

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

73

 

      (4)  

In relation to each subsequent quarter ending in the calendar year

in which the contribution date falls or in the following calendar

year, the unincorporated association must within the period of 30

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

Commission—

5

(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

such gifts in the quarter.

      (5)  

Where—

10

(a)   

an unincorporated association receives two or more gifts

of 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

15

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.

      (6)  

Where—

(a)   

an unincorporated association receives (or is treated by

20

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

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

           

that subsequent gift is treated for the purposes of this paragraph

25

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

money, as a reference to a gift with a value of more than that

amount.

30

      (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

35

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

40

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

45

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

made.

 
 

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

74

 

      (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).

      (3)  

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

intermediaries, the reference in sub-paragraph (1)(d) to the person

5

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

10

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,

and

(b)   

the notification or report contains everything that it is

15

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)—

20

(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

25

the 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.

30

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

35

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—

40

(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.

45

 
 

 
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