SCHEDULES

SCHEDULE 4Control of donations to accredited campaigners

PART 2Control of donations

14Duty to return donations from impermissible donors

1

This paragraph applies where an accredited campaigner receives a relevant donation which the accredited campaigner is prohibited from accepting by virtue of paragraph 9(a) (impermissible donor) but not by virtue of paragraph 9(b) (unidentifiable donor).

2

The donation must, before the end of the period of 30 days beginning with the day on which the donation is received, be returned to—

a

the donor, or

b

any person appearing to be acting on that person’s behalf.

3

If sub-paragraph (2) is not complied with, an offence is committed by—

a

the accredited campaigner, and

b

the responsible person.

4

It is a defence for a person charged with an offence under this paragraph to show that—

a

all reasonable steps were taken by or on behalf of the accredited campaigner to verify (or ascertain) whether the donor was a permissible donor, and

b

as a result, the relevant person believed the donor to be a permissible donor.

5

“The relevant person” means—

a

where the person charged with the offence is an individual, that individual, and

b

otherwise, the responsible person.

6

A person guilty of an offence under this paragraph is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 12 months or a fine (or both), and

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both),

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), and

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).