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Political Parties, Elections and Referendums Act 2000

Status:

This is the original version (as it was originally enacted).

Part IIControls 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

8Section 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.

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