SCHEDULES

SCHEDULE 3Declaration as to source of donation

Schedule 15 to the 2000 Act (control of donations to permitted participants)

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—

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 donation

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).