Political Parties, Elections and Referendums Act 2000

Section 119.

SCHEDULE 15 Control of donations to permitted participants

Part I Introductory

Operation and interpretation of Schedule

1 (1) This Schedule has effect for controlling donations to permitted participants that either are not registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Schedule.

(3) In accordance with sub-paragraph (1) “permitted participant” does not include a permitted participant which is a registered party other than a minor party.

(4) “Relevant donation”, in relation to a permitted participant at a referendum, means a donation to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.

(5) “Donation” shall be construed in accordance with paragraphs 2 to 4.

(6) In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor falling within section 54(2) do not include a registered party.

• In this sub-paragraph “designated organisation” has the meaning given by section 110(5).

Donations: general rules

2 (1) “Donation”, in relation to a permitted participant, means (subject to paragraph 4)—

(a) any gift to the permitted participant of money or other property;

(b) any sponsorship provided in relation to the permitted participant (as defined by paragraph 3);

(c) any money spent (otherwise than by or on behalf of the permitted participant) in paying any referendum expenses incurred by or on behalf of the permitted participant;

(d) any money lent to the permitted participant otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person);

(f) in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant.

(2) Where—

(a) any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the permitted participant for the purposes of sub-paragraph (1)(a).

(3) In determining—

(a) for the purposes of sub-paragraph (1)(d) whether any money lent to a permitted participant is so lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a permitted participant in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred).

(6) In this paragraph—

(a) any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person;

(b) “gift” includes bequest.

Sponsorship

3 (1) For the purposes of this Schedule sponsorship is provided in relation to a permitted participant if—

(a) any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i) to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In sub-paragraph (1) “defined expenses” means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the permitted participant,

(b) the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or

(c) any study or research organised by or on behalf of the permitted participant.

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)—

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication;

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).

(5) In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc. not to be regarded as donations

4 (1) None of the following shall be regarded as a donation—

(a) any grant provided out of public funds, other than a grant provided to a designated organisation by virtue of section 110(2);

(b) the provision of any rights conferred on a designated organisation (or persons authorised by a designated organisation) by virtue of section 110(4) and Schedule 12;

(c) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge; or

(d) any interest accruing to a permitted participant in respect of any donation which is dealt with by the permitted participant in accordance with section 56(2)(a) or (b) (as applied by paragraph 7).

(2) Any donation whose value (as determined in accordance with paragraph 5) is not more than £200 shall be disregarded.

Value of donations

5 (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.

(2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation shall be taken to be the difference between—

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the permitted participant.

(3) The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4) The value of any donation falling within paragraph 2(1)(d) or (e) shall be taken to be the amount representing the difference between—

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities if—

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant.

(5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a) shall be determined at the time when it is made, but

(b) shall be so determined by reference to the total benefit accruing to the donee over that period.

Part II Controls on donations

Prohibition on accepting donations from impermissible donors

6 (1) A relevant donation received by a permitted participant must not be accepted by the permitted participant if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the permitted participant, a permissible donor falling within section 54(2), or

(b) the permitted participant is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.

(2) For the purposes of this Schedule any payment received by a designated organisation by virtue of section 110(2) shall be regarded as a donation received by the organisation from a permissible donor falling within section 54(2).

(3) For the purposes of this Schedule, any relevant donation received by a permitted participant which is an exempt trust donation shall be regarded as a relevant donation received by the permitted participant from a permissible donor.

(4) But, for the purposes of this Schedule, any relevant donation received by a permitted participant from a trustee of any property (in his capacity as such) which is not—

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the permitted participant on behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the permitted participant are permissible donors falling within section 54(2), or

(ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the permitted participant from a person who is not such a permissible donor.

(5) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a permitted participant by way of a relevant donation—

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Schedule each individual contribution by a person falling within paragraph (a) or (b) of more than £200 shall be treated as if it were a separate donation received from that person.

(6) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the permitted participant, the responsible person is given—

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 10(1)(a).

(7) Where—

(a) any person (“the agent”) causes an amount to be received by a permitted participant by way of a donation on behalf of another person (“the donor”), and

(b) the amount of the donation is more than £200,

the agent must ensure that, at the time when the donation is received by the permitted participant, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies.

(8) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (6) or (7).

Acceptance or return of donations

7 (1) Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a permitted participant and any relevant donation received by a permitted participant as they apply in relation to a registered party and a donation received by a registered party.

(2) In the application of sections 56 to 60 in accordance with sub-paragraph (1)—

(a) section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 10(1)(c) (in relation to a donation to which that paragraph applies); and

(b) section 56(3) and (4) shall each have effect as if any reference to the treasurer of a registered party were construed as a reference to the responsible person in relation to the permitted participant.

Evasion of restrictions on donations

8 Section 61 shall apply for the purposes of this Schedule as if—

(a) any reference to donations were to relevant donations;

(b) any reference to a registered party were a reference to a permitted participant; and

(c) any reference to the treasurer of such a party were, in relation to a permitted participant, a reference to the responsible person.

Part III Reporting of donations

Statement of relevant donations

9 The responsible person in relation to a permitted participant must include in any return required to be prepared under section 120 a statement of relevant donations which complies with paragraphs 10 and 11.

Donations from permissible donors

10 (1) The statement must record, in relation to each relevant donation falling within sub-paragraph (2) which is accepted by the permitted participant—

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(b) the date when the donation was accepted by the permitted participant; and

(c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6.

(2) Sub-paragraph (1) applies to a relevant donation where—

(a) the value of the donation is more than £5,000, or

(b) the value of the donation, when added to the value of any other donation or donations made by the same donor (whether or not falling within paragraph (a)), is more than that amount.

(3) The statement must also record—

(a) the total value of any relevant donations, other than those falling within sub-paragraph (2), which are accepted by the permitted participant; and

(b) such other information as may be required by regulations made by the Commission.

Donations from impermissible or unidentifiable donors

11 (1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

(2) Where paragraph 6(1)(a) applies, the statement must record—

(a) the name and address of the donor;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and

(d) such other information as is required by regulations made by the Commission.

(3) Where paragraph 6(1)(b) applies the statement must record—

(a) details of the manner in which the donation was made;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and

(d) such other information as is required by regulations made by the Commission.

(4) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 7.