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Political Parties and Elections Act 2009

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Section 9

SCHEDULE 3E+W+S+N.I.Declaration as to source of donation

This schedule has no associated Explanatory Notes

Schedule 7 to the 2000 Act (control of donations to individuals and members associations)E+W+S+N.I.

1(1)In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—E+W+S+N.I.

(aa)in the case of a donation of an amount exceeding £7,500, the donee has not been given a declaration as required by paragraph 6A, or.

(2)After paragraph 6 of that Schedule there is inserted—

Declaration as to source of donationE+W+S+N.I.

6A(1)Where a person (P) causes an amount exceeding £7,500 to be received by a regulated donee by way of a donation, a written declaration must be given to the donee—

(a)by P, if P is an individual, or

(b)if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not sub-paragraph (2) applies to the donation.

(2)This sub-paragraph applies to the donation if—

(a)a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b)the money, or the value of the benefit, is more than £7,500.

(3)Where a declaration under this paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—

(a)state whether or not, in the opinion of the person making the declaration—

(i)sub-paragraph (2) of paragraph 6 applies to the donation;

(ii)sub-paragraph (4) of that paragraph applies to it;

(b)if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.

(4)The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (1)(b) applies—

(a)state that the person is authorised by P to make the declaration;

(b)describe the person's role or position in relation to P.

(5)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6)Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of sub-paragraph (2).

2(1)Paragraph 10 of that Schedule (donation reports: donations from permissible donors) is amended as follows.E+W+S+N.I.

(2)In the heading, at the end there is inserted etc..

(3)In sub-paragraph (1), for the words from “each controlled donation” to the end there is substituted each controlled donation which is a recordable donation and either—

(a)has been accepted by the donee, or

(b)has not been accepted by the donee but is a donation in the case of which a declaration under paragraph 6A has been given.

(4)In sub-paragraph (4)(a), for “by virtue of paragraphs 2, 2A and 4” there is substituted “ , by virtue of paragraphs 1A, 2, 2A and 4 ”.

(5)In sub-paragraph (5)—

(a)for “paragraphs 2, 2A and 4” there is substituted “ paragraphs 1A, 2, 2A and 4 ”;

(b)after paragraph (a) there is inserted—

(aa)any reference to section 54A shall be read as a reference to paragraph 6A above;.

3(1)Paragraph 11 of that Schedule (donation reports: donations from impermissible or unidentifiable donors) is amended as follows.E+W+S+N.I.

(2)In the heading, at the end there is inserted or without required declaration.

(3)In sub-paragraph (1)(a), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.

(4)In sub-paragraph (1)(b), for “section 56(2)(a) or (b)” there is substituted “ section 56(2)(a), (aa) or (b) ”.

(5)In sub-paragraph (3), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.

(6)In sub-paragraph (3)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.

(7)In sub-paragraph (3)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.

Schedule 11 to the 2000 Act (control of donations to recognised third parties)E+W+S+N.I.

4(1)In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—E+W+S+N.I.

(aa)in the case of a donation of an amount exceeding £7,500, the recognised third party has not been given a declaration as required by paragraph 6A; or.

(2)After paragraph 6 of that Schedule there is inserted—

Declaration as to source of donationE+W+S+N.I.

6A(1)Where a person (P) causes an amount exceeding £7,500 to be received by a recognised third party by way of a donation, a written declaration must be given to the recognised third party—

(a)by P, if P is an individual, or

(b)if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not sub-paragraph (2) applies to the donation.

(2)This sub-paragraph applies to the donation if—

(a)a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b)the money, or the value of the benefit, is more than £7,500.

(3)Where a declaration under this paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—

(a)state whether or not, in the opinion of the person making the declaration—

(i)sub-paragraph (4) of paragraph 6 applies to the donation;

(ii)sub-paragraph (6) of that paragraph applies to it;

(b)if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.

(4)The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (1)(b) applies—

(a)state that the person is authorised by P to make the declaration;

(b)describe the person's role or position in relation to P.

(5)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6)Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of sub-paragraph (2).

5(1)In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “ paragraphs 9A to 11 ”.E+W+S+N.I.

(2)After that paragraph there is inserted—

Declarations under paragraph 6AE+W+S+N.I.

9AIn relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement must either—

(a)state that no reason was found to think that the declaration was untruthful or inaccurate, or

(b)give details of any respects in which the declaration was found or suspected to be untruthful or inaccurate.

6(1)Paragraph 11 of that Schedule (donations from impermissible donors) is amended as follows.E+W+S+N.I.

(2)In the heading, for “impermissible donors” there is substituted impermissible or unidentifiable donors or without required declaration.

(3)In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.

(4)In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.

(5)In sub-paragraph (2)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.

(6)In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.

Schedule 15 to the 2000 Act (control of donations to permitted participants)E+W+S+N.I.

7(1)In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—E+W+S+N.I.

(aa)in the case of a donation of an amount exceeding £7,500, the permitted participant has not been given a declaration as required by paragraph 6A, or.

(2)After paragraph 6 of that Schedule there is inserted—

Declaration as to source of donationE+W+S+N.I.

6A(1)Where a person (P) causes an amount exceeding £7,500 to be received by a permitted participant by way of a donation, a written declaration must be given to the permitted participant—

(a)by P, if P is an individual, or

(b)if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not sub-paragraph (2) applies to the donation.

(2)This sub-paragraph applies to the donation if—

(a)a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b)the money, or the value of the benefit, is more than £7,500.

(3)Where a declaration under this paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—

(a)state whether or not, in the opinion of the person making the declaration—

(i)sub-paragraph (5) of paragraph 6 applies to the donation;

(ii)sub-paragraph (7) of that paragraph applies to it;

(b)if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.

(4)The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (1)(b) applies—

(a)state that the person is authorised by P to make the declaration;

(b)describe the person's role or position in relation to P.

(5)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6)Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of sub-paragraph (2).

8(1)In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “ paragraphs 9A to 11 ”.E+W+S+N.I.

(2)After that paragraph there is inserted—

Declarations under paragraph 6AE+W+S+N.I.

9AIn relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement must either—

(a)state that no reason was found to think that the declaration was untruthful or inaccurate, or

(b)give details of any respects in which the declaration was found or suspected to be untruthful or inaccurate.

9(1)Paragraph 11 of that Schedule (donations from impermissible or unidentified donors) is amended as follows.E+W+S+N.I.

(2)In the heading, at the end there is inserted or without required declaration.

(3)In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.

(4)In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.

(5)In sub-paragraph (2)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.

(6)In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.

Schedule 20 to the 2000 Act (penalties)E+W+S+N.I.

10In Schedule 20 (penalties) the following entries are inserted at the appropriate places—

Paragraph 6A(5) of Schedule 7 (making a false declaration as to source of donation)

On summary conviction in England and Wales or Scotland: statutory maximum or 12 months

On summary conviction in Northern Ireland: statutory maximum or 6 months

On indictment: fine or 1 year

Paragraph 6A(5) of Schedule 11 (making a false declaration as to source of donation)

On summary conviction in England and Wales or Scotland: statutory maximum or 12 months

On summary conviction in Northern Ireland: statutory maximum or 6 months

On indictment: fine or 1 year

Paragraph 6A(5) of Schedule 15 (making a false declaration as to source of donation)

On summary conviction in England and Wales or Scotland: statutory maximum or 12 months

On summary conviction in Northern Ireland: statutory maximum or 6 months

On indictment: fine or 1 year.

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