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Political Parties, Elections and Referendums Act 2000

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This sectionnoteType=Explanatory Notes has no associated

10[F1(1)A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation.E+W+S+N.I.

(1A)For the purposes of this paragraph a controlled donation is a recordable donation—

(a)if it is a donation of more than [F2£7,500] where the donee is a members association) or [F3£1,500](in any other case);

(b)if, when it is added to any other controlled benefit or benefits accruing to the donee—

(i)from the same person and in the same calendar year, and

(ii)in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than [F2£7,500] where the donee is a members association) or [F3£1,500](in any other case).

(1B)A controlled benefit is—

(a)a controlled donation;

(b)a controlled transaction within the meaning of paragraph 2 of Schedule 7A.

(1C)A controlled benefit which is a controlled donation accrues—

(a)from the permissible donor who made it, and

(b)when it is accepted by the donee.

(1D)A controlled benefit which is a controlled transaction accrues—

(a)from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and

(b)when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

(2)A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a)if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;

(b)if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed [F2£7,500] or (as the case may be) [F3£1,500] accrues.]

(3)Each report prepared by virtue of sub-paragraph (1) must—

(a)give the name and address of the donee; and

(b)if he is the holder of a relevant elective office, specify the office in question.

(4)Each such report must also give—

(a)such information as is required to be given, in the case of a report prepared by virtue of section 62 by virtue of paragraphs 2 [F4, 2A] and 4 of Schedule 6;

(b)the date when the donation was accepted by the donee, and

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

[F5(4A)In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), if the report states that the donee has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.]

(5)In the application of paragraphs 2 [F4, 2A] and 4 of Schedule 6 in accordance with sub-paragraph (4) above—

(a)any reference to a recordable donation within the meaning of that Schedule shall be construed as a reference to a recordable donation within the meaning of this paragraph;

(b)any reference to section 55(2) or to section 55(3) shall be construed as a reference to paragraph 7(2) above or to paragraph 7(3) above respectively; and

(c)any reference to section 53 shall be construed as a reference to paragraph 5 above.

(6)In the case of [F6a controlled benefit which is] a donation to which paragraph 7(2) applies, [F7sub-paragraph (1A)(b)] above shall have effect as if for [F8“from the same person”] there were substituted “ in circumstances falling within paragraph 7(2) ”.

(7)In the case of [F6a controlled benefit which is] a donation to which paragraph 7(3) applies—

(a)[F7sub-paragraph (1A)(b)] above shall have effect as if for [F8“ from the same person”] there were substituted “ in circumstances falling within paragraph 7(3) by the same donor ”; and

(b)any report prepared by virtue of sub-paragraph (1) above in respect of the donation must give—

(i)the date or dates on or between which the visit to which the donation relates took place, and

(ii)the destination and purpose of the visit.

[F9(8)This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is either—

(a)a member of the Scottish Parliament, or

(b)a member of a local authority in Scotland.

(9)For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.]

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Amendments (Textual)

F1Sch. 7 para. 10(1)(1A)-(1D)(2) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) for Sch. 7 para. 10(1)(2) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(5); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F2Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(3), 43; S.I. 2009/3084, art. 4(h)

F3Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(2), 43; S.I. 2009/3084, art. 4(h)

F6Words in Sch. 7 para. 10(6)(7) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F7Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F8Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F9Sch. 7 para. 10(8)(9) inserted (1.7.2009 for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 59(2), 77(2); S.I. 2009/1509, art. 2 (with art. 3)

Modifications etc. (not altering text)

C1Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

Commencement Information

I1Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1Pt. II)

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