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SCHEDULES

SCHEDULE 7U.K. Control of donations to individuals and members associations

Part IIIU.K. Reporting of donations by regulated donees

Donation reports: donations from permissible donorsU.K.

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.U.K.

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

(a)if it is a donation of more than [F2£11,180] where the donee is a members association) or [F3£2,230] (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 [F4£11,180] where the donee is a members association) or [F5£2,230] (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 [F6£11,180] or (as the case may be) [F7£2,230] 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 [F8, 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.

[F9(4ZA)Where such a report is one to which this sub-paragraph applies and includes a donation which was received by a Northern Ireland recipient before 1 July 2017, the report must give the date when the donation was received by the donee.

(4ZB)Sub-paragraph (4ZA) applies to a report which is delivered to the Commission on or after the date on which Article 8 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.]

[F10(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 [F8, 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 [F11a controlled benefit which is] a donation to which paragraph 7(2) applies, [F12sub-paragraph (1A)(b)] above shall have effect as if for [F13“from the same person”] there were substituted “ in circumstances falling within paragraph 7(2) ”.

(7)In the case of [F11a controlled benefit which is] a donation to which paragraph 7(3) applies—

(a)[F12sub-paragraph (1A)(b)] above shall have effect as if for [F13“ 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.

[F14(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 F15... 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.]

[F16(10)In this paragraph, “Northern Ireland recipient” means a regulated donee who is—

(a)an individual ordinarily resident in Northern Ireland, or

(b)a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.]

Textual Amendments

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)

F11Words 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)

F12Words 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)

F13Words 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)

F14Sch. 7 para. 10(8)(9) inserted (1.7.2009 for certain purposes, 4.5.2016 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 59(2), 77(2); S.I. 2009/1509, art. 2 (with art. 3); S.I. 2016/551, art. 2(a) (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

C3Sch. 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)

C6Sch. 7 para. 10(4A) amendment by 2006 c. 22, Sch. 1 para. 28 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

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)

Donation reports: donations from impermissible or unidentifiable donorsU.K.

11(1)A regulated donee shall—U.K.

(a)prepare a report under this paragraph in respect of each controlled donation received by the donee and falling within paragraph 6(1)(a) or (b); and

(b)deliver the report to the Commission within the period of 30 days beginning with the date when the donation was dealt with in accordance with section 56(2)(a) or (b).

(2)Each such report 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.

(3)Each such report in respect of a donation falling within paragraph 6(1)(a) must also give—

(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.

(4)Each such report in respect of a donation falling within paragraph 6(1)(b) must also give—

(a)details of the manner in which it 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.

(5)In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 8.

Modifications etc. (not altering text)

C7Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C9Sch. 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

I2Sch. 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)

Offence of failing to deliver donation reportU.K.

12(1)Where a report required to be delivered to the Commission under paragraph 10(1) or 11(1) is [F17, without reasonable excuse] not delivered by the end of the period of 30 days mentioned in [F18paragraph 10(2) or 11(1)]—U.K.

[F19(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.]

(2)If such a report is delivered to the Commission which [F20, without reasonable excuse,] does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report—

[F19(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.]

(3)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F17Words 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)

F18Words 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)

F19Sch. 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)

F20Words 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)

Modifications etc. (not altering text)

C12Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C14Sch. 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

I3Sch. 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)

Declaration in donation reportU.K.

13(1)Each report under paragraph 10 or 11 must, when delivered to the Commission, be accompanied by a declaration made by—U.K.

(a)the regulated donee, or

(b)(if a members association) the responsible person,

which complies with sub-paragraph (2) or (3).

(2)In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant’s knowledge and belief, any donation recorded in the report as having been accepted by the donee was from a permissible donor.

(3)In the case of a report under paragraph 11, the declaration must state that, to the best of the declarant’s knowledge and belief, the donation recorded in the report as having been received by the donee, or a payment of an equivalent amount, has been returned to the donor or otherwise dealt with in accordance with the provisions of Chapter II of Part IV of this Act.

(4)A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph.

Modifications etc. (not altering text)

C15Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C17Sch. 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

I4Sch. 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)