39(1)In this paragraph references to a permitted participant are to a permitted participant which either is not a registered party or is a minor party.U.K.
(2)In relation to the referendum, the responsible person in relation to a permitted participant must prepare reports under this paragraph in respect of—
(a)the period (“the first reporting period”) beginning with the commencement day and ending with the 7th day of the referendum period, and
(b)such other periods ending before the date of the referendum as may be prescribed by regulations made by the Minister;
and in paragraph (a) “the commencement day” means the day on which that paragraph comes into force.
(3)The report for a period must record, in relation to each relevant donation of more than £7,500 which is received by the permitted participant during the period—
(a)the amount of the donation (if it is 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 of Schedule 15 to the 2000 Act,
(b)the date when the donation was received by the permitted participant, and
(c)the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in weekly donation reports by virtue of paragraph 3 of Schedule 6 to the 2000 Act.
(4)If during any period no relevant donations of more than £7,500 were received by the permitted participant, the report for the period must contain a statement of that fact.
(5)A report under this paragraph in respect of a period must be delivered by the responsible person to the Electoral Commission—
(a)in the case of the report for the first reporting period, within 7 days beginning with the end of that period;
(b)in the case of the report for a period prescribed under sub-paragraph (2)(b), within such time as may be prescribed by regulations made by the Minister.
(6)If, in relation to a donation made by an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.
(7)The Minister may by regulations modify the operation of sub-paragraphs (2) to (4) in relation to cases where an individual or body becomes a permitted participant during a period prescribed under sub-paragraph (2)(b).
(8)Regulations under sub-paragraph (5) or (7) may make different provision for different cases.
(9)The responsible person commits an offence if, without reasonable excuse, that person—
(a)fails to comply with the requirements of sub-paragraph (5) in relation to a report under this paragraph, or
(b)delivers a report to the Electoral Commission that does not comply with the requirements of sub-paragraph (3), (4) or (6).
(10)A person guilty of an offence under sub-paragraph (9)(a) is liable—
(a)on summary conviction in England and Wales, to a fine;
(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale;
(c)on summary conviction in Gibraltar, to a fine not exceeding level 5 on the Gibraltar standard scale.
(11)A person guilty of an offence under sub-paragraph (9)(b) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both;
(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or to a fine, or to both;
(c)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(d)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
(e)on summary conviction in Gibraltar, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the Gibraltar standard scale, or to both.
(12)The reference in sub-paragraph (11)(b) to [F2the general limit in a magistrates’ court] is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
(13)In this paragraph—
(a)“electoral register” means—
(i)an electoral register as defined by 54(8) of the 2000 Act, or
(ii)the Gibraltar register as defined by section 14 of the European Parliament (Representation) Act 2003,
(b)“relevant donation” has the same meaning as in Schedule 15 to the 2000 Act, and
(c)references to a relevant donation received by a permitted participant include any donation received at a time before the individual or body concerned became a permitted participant, if the donation would have been a relevant donation had the individual or body been a permitted participant at that time.
(14)Section 161 of the 2000 Act (interpretation: donations) applies for the purposes of this paragraph as it applies for the purposes of the provisions of that Act relating to donations.
Textual Amendments
F1Words in Sch. 1 para. 39(11)(b) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2Words in Sch. 1 para. 39(12) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Commencement Information
I1Sch. 1 para. 39 in force at 1.2.2016 by S.I. 2016/69, reg. 2