Political Parties, Elections and Referendums Act 2000

Permissible donations U.K.

54 Permissible donors. U.K.

(1) A donation received by a registered party must not be accepted by the party if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or

(b) the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

(2) For the purposes of this Part the following are permissible donors—

(a) an individual registered in an electoral register;

(b) a company—

(i) registered under the M1 Companies Act 1985 or the M2 Companies (Northern Ireland) Order 1986, and

(ii) incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c) a registered party;

(d) a trade union entered in the list kept under the M3 Trade Union and Labour Relations (Consolidation) Act 1992 or the M4 Industrial Relations (Northern Ireland) Order 1992;

(e) a building society (within the meaning of the M5 Building Societies Act 1986);

(f) a limited liability partnership registered under the M6 Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g) a friendly society registered under the M7 Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the M8 Industrial and Provident Societies Act 1965 or the M9 Industrial and Provident Societies Act (Northern Ireland) 1969; and

(h) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.

(3) In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.

(4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a donation—

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £200 shall be treated as if it were a separate donation received from that person.

(5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party is given—

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.

(6) Where—

(a) any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and

(b) the amount of that donation is more than £200,

the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.

(7) A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).

(8) In this section “electoral register” means any of the following—

(a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the M10 People Act 1983;

(b) a register of relevant citizens of the European Union prepared under Part III of the European Parliamentary Elections (Changes to the M11 Franchise and Qualifications of Representatives) Regulations 1994; or

(c) a register of peers prepared under regulations under section 3 of the Representation of the M12 People Act 1985.

Commencement Information

I1 S. 54 wholly in force; S. 54 not in force at Royal Assent, see s. 163(2); S. 54 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

M1 1985 c. 6.

M2 S.I. 1986/1032 (N.I. 6).

M3 1992 c. 52.

M4 S.I. 1992/807 (N.I.5).

M5 1986 c. 53.

M6 2000 c. 12.

M7 1974 c. 46.

M8 1965 c. 12.

M9 1969 c. 24.

M10 1983 c. 2.

M11 S.I. 1994/342.

M12 1985 c. 50.

Prospective

[F1 54A Declaration as to source of donation U.K.

(1) Where a person (P) causes an amount exceeding £7,500 to be received by a registered party by way of a donation, a written declaration must be given to the 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 subsection (2) applies to the donation.

(2) This subsection 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 section contains a statement to the effect that subsection (2) applies to the donation, it must also—

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

(i) subsection (4) of section 54 applies to the donation;

(ii) subsection (6) of that section applies to it;

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

(4) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (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 section 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 subsection (2).]

Textual Amendments

F1 S. 54A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(2), 43

Prospective

[F2 54B Declaration as to whether residence etc condition satisfied U.K.

(1) An individual making to a registered party a donation in relation to which the condition set out in section 54(2ZA) applies must give to the party a written declaration stating whether or not the individual satisfies that condition.

(2) A declaration under this section must also state the individual's full name and address.

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

(4) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(5) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.]

Textual Amendments

F2 S. 54B inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), s. 10(4), 43

55 Payments etc. which are (or are not) to be treated as donations by permissible donors. U.K.

(1) The following provisions have effect for the purposes of this Part.

(2) Any payment out of public funds received by a registered party shall (subject to section 52(1)(a) and (b)) be regarded as a donation received by the party from a permissible donor.

(3) Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—

(a) the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and

(b) the amount of the donation does not exceed a reasonable amount in respect of such costs.

(4) In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—

(a) travelling between the United Kingdom and the country or territory in question, or

(b) travelling, accommodation or subsistence while within that country or territory.

(5) Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.

(6) But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not—

(a) an exempt trust donation, or

(b) a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the party are permissible donors, or

(ii) the members of an unincorporated association which at that time is a permissible donor,

shall be regarded as a donation received by the party from a person who is not a permissible donor.

Commencement Information

I2 S. 55 wholly in force at 16.2.2001; s. 55 not in force at Royal Assent, see s. 163(2); s. 55 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

56 Acceptance or return of donations: general. U.K.

(1) Where—

(a) a donation is received by a registered party, and

(b) it is not immediately decided that the party should (for whatever reason) refuse the donation,

all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.

(2) If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then—

(a) unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,

(b) if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,

within the period of 30 days beginning with the date when the donation is received by the party.

(3) Where—

(a) subsection (2)(a) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that provision,

the party and the treasurer of the party are each guilty of an offence.

(4) Where—

(a) subsection (2)(b) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that provision,

the treasurer of the party is guilty of an offence.

(5) For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—

(a) the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and

(b) a record can be produced of the receipt of the donation and—

(i) of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or

(ii) of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),

as the case may be.

(6) Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.

Modifications etc. (not altering text)

C1 Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C2 Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

C3 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C4 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C5 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7

Commencement Information

I3 S. 56 wholly in force at 16.2.2001; s. 56 not in force at Royal Assent, see s. 163(2); s. 56 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

57 Return of donations where donor unidentifiable. U.K.

(1) For the purposes of section 56(2)(b) the required steps are as follows—

(a) if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person;

(b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and

(c) in any other case, to send the donation to the Commission.

(2) In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body.

(3) Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.

Modifications etc. (not altering text)

C6 Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C7 Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

C8 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C9 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C10 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7

Commencement Information

I4 S. 57 wholly in force at 16.2.2001; s. 57 not in force at Royal Assent, see s. 163(2); s. 57 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Yn ddilys o 05/02/2004

[F3 57A Additional limit on Gibraltar donations to UK parties U.K.

(1) This section applies where the aggregate value of Gibraltar donations which are—

(a) received by a registered party which is not a Gibraltar party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region, and

(b) accepted by that registered party,

exceeds the permitted maximum.

(2) Such of the Gibraltar donations as are donations falling within subsection (3) are to be treated for the purposes of this Part (other than this section) as if they were received—

(a) at the end of the period of three months after that date, and

(b) from a person who was not a permissible donor at that time.

(3) A Gibraltar donation falls within this subsection if—

(a) in a case where it is the first of the Gibraltar donations received or is the only one, the value of that donation exceeds the permitted maximum, and

(b) otherwise, the aggregate of the value of that donation and such of the Gibraltar donations as were previously received exceeds the permitted maximum.

(4) But—

(a) in a case within subsection (3)(a), only so much of the donation as exceeds the permitted maximum is a donation falling within subsection (3), and

(b) in a case within subsection (3)(b) in which the aggregate value of the Gibraltar donations previously received does not exceed the permitted maximum, only so much of the donation as exceeds the difference between that aggregate value and the permitted maximum is a donation falling within subsection (3).

(5) “Gibraltar donation” means a donation—

(a) which is received from a permissible donor falling within subsection (2A) (but not subsection (2)) of section 54, or

(b) which is an exempt Gibraltar trust donation regarded by virtue of section 55(5A) as received from a permissible donor.

(6) “Permitted maximum” means an amount equal to the limit imposed by paragraph 4(2) of Schedule 9 on campaign expenditure incurred by or on behalf of a registered party which stands for election at a general election to the European Parliament in the combined region only.]

Textual Amendments

F3 S. 57A inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 14

Modifications etc. (not altering text)

C11 Ss. 56-60 applied (with modifications) (E.W.S.) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), regs. 3-5, 42(4), Sch. 6 para. 7(1)

C12 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C13 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C14 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7