Political Parties, Elections and Referendums Act 2000

Offence of failing to deliver donation report E+W+S+N.I.

12 (1) Where a report required to be delivered to the Commission under paragraph 10(1) or 11(1) is [F1 , without reasonable excuse]F1 not delivered by the end of the period of 30 days mentioned in [F2 paragraph 10(2) or 11(1)]F2 — E+W+S+N.I.

[F3 (a) in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;

(b) in the case of a members association, the association and the responsible person are guilty of an offence.]

F3 (2) If such a report is delivered to the Commission which [F4 , without reasonable excuse,]F4 does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report—

[F3 (a) in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;

(b) in the case of a members association, the association and the responsible person are guilty of an offence.]

F3 (3) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to the regulated donee was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the donee of an amount equal to the value of the donation.

(5) The following provisions, namely—

(a) subsections (3) to (5) of section 58, and

(b) sections 59 and 60,

shall apply for the purposes, or in connection with the operation, of sub-paragraph (4) in relation to a regulated donee as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 7 para. 12(1) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(5)(a), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

F2 Words in Sch. 7 para. 12(1) 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(7); 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)

F3 Sch. 7 para. 12(1)(a)(b)(2)(a)(b) substituted (1.1.2010) for Sch. 7 para. 12(1)(a)(b)(2)(a)(b) and words by Political Parties and Elections Act 2009 (c. 12), ss. 14(4), 43; S.I. 2009/3084, art. 4(c) (with art. 6)

F4 Words in Sch. 7 para. 12(2) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(5)(b), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

F5 Sch. 7 para. 12(3) repealed (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(5)(c), 39, 43, Sch. 7; S.I. 2009/3084, art. 4(b)(k) (with art. 5)

Modifications etc. (not altering text)

C1 Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C2 Sch. 7 paras. 2-15 disapplied in part (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 3

C3 Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I1 Sch. 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. 1 Pt. II)