Political Parties, Elections and Referendums Act 2000

Sections 62 and 63.

SCHEDULE 6 U.K. Details to be given in donation reports

Modifications etc. (not altering text)

C1 Sch. 6 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2

C2 Sch. 6 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)

Preliminary U.K.

1 (1) In this Schedule— U.K.

(a) “quarterly report” means a report required to be prepared by virtue of section 62;

(b) “weekly report” means a report required to be prepared by virtue of section 63;

and “recordable donation”, in relation to a quarterly or weekly report, means a donation required to be recorded in that report.

(2) References in this Schedule to a registered party shall, in the case of a party with accounting units, be read as references to the central organisation of the party.

Commencement Information

I1 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Prospective

[F1 Declarations as to source of donation [F2 or as to whether residence etc condition satisfied ] U.K.

Textual Amendments

F1 Sch. 6 para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(5), 43

F2 Words in heading before Sch. 6 para. 1A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 10(6)(a), 43

1A [F3 (1)] In relation to each recordable donation in the case of which a declaration under section 54A has been given, a quarterly or weekly report must either— U.K.

(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.

[F4 (2) In relation to each recordable donation in the case of which a declaration under section 54B has been given, a quarterly report must either—

(a) state that no reason was found for thinking that the declaration was incorrect, or

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

Textual Amendments

F3 Sch. 6 para. 1A renumbered (prosp.) as Sch. 6 para. 1A(1) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 10(6)(b), 43

F4 Sch. 6 para. 1A(2) inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), s. 10(6)(b), 43

Identity of donors: quarterly reports U.K.

2 (1) In relation to each recordable donation (other than one to which paragraph 6 or 7 applies) a quarterly report must give the following information about the donor—

(a) the information required by any of sub-paragraphs (2) to (10), (12) and (13) below; and

(b) such other information as may be required by regulations made by the Secretary of State after consulting the Commission;

or, in the case of a donation falling within sub-paragraph (11) below, the information required by that sub-paragraph.

(2) In the case of an individual the report must give his full name and—

(a) if his address is, at the date of receipt of the donation, shown in an electoral register (within the meaning of section 54) [F5 or the Gibraltar register], that address; and

(b) otherwise, his home address (whether in the United Kingdom or elsewhere).

[F6 (2A) In the case of a donation from a Gibraltar elector, received on a date before the date of publication of the first version of the Gibraltar register—

(a) the reference in sub-paragraph (2)(a) to the Gibraltar register shall have effect as if it were a reference to the register of electors used for House of Assembly elections; and

(b) where, on the date of receipt of the donation, the elector was not registered in the register of electors used for House of Assembly elections, the report must confirm that on that date he was aged 16 or over and was a Commonwealth citizen or a citizen of the European Union (other than a Commonwealth citizen).]

(3) Sub-paragraph (2) does not apply in the case of a donation in the form of a bequest, and in such a case the report must state that the donation was received in pursuance of a bequest and give—

(a) the full name of the person who made the bequest; and

(b) his address at the time of his death or, if he was not then registered in an electoral register (within the meaning of section 54) [F7 or the Gibraltar register] at that address, the last address at which he was so registered during the period of five years ending with the date of his death.

[F8 (3A) In the application of sub-paragraph (3) to a bequest made by a person who was a Gibraltar elector—

(a) in relation to any time before the publication of the first version of the Gibraltar register, the reference in sub-paragraph (3)(b) to the Gibraltar register shall have effect as if it were a reference to the register of electors used for House of Assembly elections;

(b) where the person who made the bequest—

(i) died before the end of the period of five years beginning with the date on which the first version of the Gibraltar register was published, and

(ii) was not registered in the Gibraltar register or the register of electors used for House of Assembly elections during the period of five years ending with the date of his death,

the reference in sub-paragraph (3)(b) to the last address at which he was registered during the period mentioned there shall have effect as if it were a reference to the address at which he was last resident in Gibraltar during that period; and

(c) where sub-paragraph (b) above applies, the report must confirm that the person who made the bequest was aged 16 or over and was a Commonwealth citizen or a citizen of the European Union (other than a Commonwealth citizen) at any time during the period of five years ending with the date of his death when he was resident in Gibraltar.]

[F9 (3B) Sub-paragraph (2) applies in the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraphs (a) and (b) there were substituted state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).

(3C) Sub-paragraph (3) applies in the case of a donation in the form of a bequest by a person who either—

(a) at the time of his death, or

(b) at any time in the period of five years ending with the date of his death,

had an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraph (b) there were substituted—

(b) a statement that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual had—

(i) at the time of his death, or

(ii) at any time in the period of five years ending with the date of his death,

an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).]

(4) In the case of a company falling within section 54(2)(b) [F10 or 54(2A)(b)] the report must give—

(a) the company’s registered name;

(b) the address of its registered office; and

(c) the number with which it is registered.

(5) In the case of a registered party the report must give—

(a) the party’s registered name; and

(b) the address of its registered headquarters.

(6) In the case of a trade union falling within section 54(2)(d) [F11 or 54(2A)(d)] the report must give—

(a) the name of the union, and

(b) the address of its head or main office,

as shown in the list kept under the M1 Trade Union and Labour Relations (Consolidation) Act 1992 or the M2 Industrial Relations (Northern Ireland) Order 1992.[F12 or the Trade Union and Trade Disputes Ordinance]

(7) In the case of a building society within the meaning of the M3 Building Societies Act 1986, [F13 or the Banking (Extension to Building Societies) Ordinance 1997] the report must give—

(a) the name of the society; and

(b) the address of its principal office.

(8) In the case of a limited liability partnership falling within section 54(2)(f) [F14 or 54(2A)(f)] , the report must give—

(a) the partnership’s registered name; and

(b) the address of its registered office.

(9) In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—

(a) the name of the society, and

(b) the address of its registered office.

(10) In the case of an unincorporated association falling within section 54(2)(h) [F15 or 54(2A)(g)] the report must give—

(a) the name of the association; and

(b) the address of its main office in the United Kingdom [F16 or Gibraltar] .

(11) In the case of a payment to which section 55(2) applies the report must give the statutory or other provision under which it was made.

(12) In the case of a donation to which section 55(3) applies, the report must give the full name and address of the donor.

(13) In the case of a donation to which section 55(5) [F17 or 55(5A)] applies, the report must state that the donation was received from a trustee, and—

(a) in the case of a donation falling within section 162(2), give—

(i) the date on which the trust was created, and

(ii) the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before 27th July 1999, and

(b) in the case of a donation falling within section 162(3) [F18 or 162(3A)] , give in respect of—

(i) the person who created the trust, and,

(ii) every other person by whom, or under whose will, property has been transferred to the trust,

the information which is required by any of sub-paragraphs (2) to (10) to be given in respect of the donor of a recordable donation.

(14) In this Act or the Representation of the M4 People Act 1983 any reference (however expressed) to information about the donor of a donation which is framed by reference to this paragraph is, in relation to such a donation as is mentioned in paragraph (a) or (b) of sub-paragraph (13), a reference to information about every person specified in paragraph (a) or (b) of that sub-paragraph.

Textual Amendments

F5 Words in Sch. 6 para. 2(2)(a) 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. 33(a)}

F6 Sch. 6 para. 2(2A) 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. 33(b)

F7 Words in Sch. 6 para. 2(3)(b) 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. 33(c)

F8 Sch. 6 para. 2(3A) 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. 33(d)

F9 Sch. 6 para. 2(3B)(3C) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 26; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

F10 Words in Sch. 6 para. 2(4) 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. 33(e)

F11 Words in Sch. 6 para. 2(6) 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. 33(f)(i)

F12 Words in Sch. 6 para. 2(6) 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. 33(f)(ii)

F13 Words in Sch. 6 para. 2(7) 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. 33(g)

F14 Words in Sch. 6 para. 2(8) 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. 33(h)

F15 Words in Sch. 6 para. 2(10) 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. 33(i)(i)

F16 Words in Sch. 6 para. 2(10) 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. 33(i)(ii)

F17 Words in Sch. 6 para. 2(13) 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. 33(j)(i)

F18 Words in Sch. 6 para. 2(13)(b) 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. 33(j)(ii)

Commencement Information

I2 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

M1 1992 c. 52.

M2 S.I. 1992/807 (N.I.5).

M3 1986 c. 53.

M4 1983 c. 2.

Yn ddilys o 01/11/2007

[F19 2A U.K. In relation to each recordable donation that is an Irish donation a quarterly report must comply with the following requirements of this paragraph.

(2) “Irish donation” means a donation made in reliance on section 71B(1)(a) or (b) (extension of categories of permissible donors in relation to Northern Ireland recipients).

(3) The report must record the fact that the donation is an Irish donation.

(4) In the case of a donation by an Irish citizen the report must also—

(a) give the donor's full name, and

(b) be accompanied by one of the following documents—

(i) a copy of the donor's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii) a copy of the donor's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii) a copy of the donor's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland,

but this sub-paragraph does not apply to a donation in the form of a bequest.

(5) In the case of a donation in the form of a bequest the report must also—

(a) state that the donation was received in pursuance of a bequest;

(b) give the full name of the person who made the bequest; and

(c) be accompanied by either one of the documents listed in sub-paragraph (4)(b)(i) to (iii) or a statement by the Department of Foreign Affairs of Ireland that documentation submitted to that Department following the death of the person who made the bequest would have been acceptable in support of an application for an Irish passport had it been submitted when he was alive.

(6) In the case of a donation by a company the report must also give—

(a) the company's registered name;

(b) the address of its registered office; and

(c) the number with which it is registered.

(7) In the case of a donation by a political party the report must also give—

(a) the party's registered name; and

(b) the address of its registered headquarters.

(8) In the case of a donation by a trade union the report must also give—

(a) the name of the trade union; and

(b) the address of its head or main office.

(9) In the case of a donation by a building society the report must also give—

(a) the name of the society; and

(b) the address of its principal office.

(10) In the case of a donation by a limited liability partnership the report must also give—

(a) the partnership's registered name; and

(b) the address of its registered office.

(11) In the case of a donation by a friendly society or industrial and provident society the report must also give—

(a) the name of the society; and

(b) the address of its registered office.

(12) In the case of a donation by an unincorporated association the report must also—

(a) give the name of the association;

(b) give the address of its main office in Ireland; and

(c) be accompanied by a statement made by a solicitor currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.

(13) In the case of a donation received in accordance with the terms of a trust the report must also—

(a) state that the donation was received from a trustee;

(b) give the date on which the trust was created;

(c) give the address of the trust's office; and

(d) give, in relation to any settlor, the information that is required to be given under sub-paragraphs (4) to (12) of this paragraph.

(14) “Settlor” means—

(a) the person who created the trust; and

(b) every other person by whom, or under whose will, property has been transferred into the trust.

(15) In the case of a trust created before 1st November 2007 sub-paragraph (13)(d)—

(a) does not require the report to give any information in relation to the person who created the trust apart from his name;

(b) does not require the report to give any information in relation to any other person by whom, or under whose will, property has been transferred into the trust before 1st November 2007.]

Textual Amendments

F19 Sch. 6 para. 2A inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501), art. 5, Sch. 1 para. 3

Identity of donors: weekly reports U.K.

3 [F20 (1)] In relation to each recordable donation a weekly report must give all such details of the name and address of the donor as are for the time being known to the party.

[F21 (2) In the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), instead of giving details of the address of the donor the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person has such an entry.

(3) In the case of a donation in the form of a bequest by a person who either—

(a) at the time of his death, or

(b) at any time in the period of five years ending at the date of his death,

had such an entry, instead of giving details of the address of the donor, the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person had, at that time, such an entry.]

Textual Amendments

F20 Sch. 6 para. 3 renumbered (E.W.S.) (1.1.2007) as Sch. 6 para. 3(1) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 27; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

F21 Sch. 6 para. 3(2)(3) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 27; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

Commencement Information

I3 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Yn ddilys o 01/11/2007

[F22 3A In relation to each recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)) a weekly report must—

(a) record the fact that the donation is an Irish donation; and

(b) give the name of the donor.]

Textual Amendments

F22 Sch. 6 para. 3A inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 5, Sch. 1 para. 4(2)

Value of donation U.K.

4 (1) In relation to each recordable donation a quarterly or weekly report must give the following details about the donation. U.K.

(2) If the donation was a donation of money (in cash or otherwise) the report must give the amount of the donation.

(3) Otherwise the report must give details of the nature of the donation and its value as determined in accordance with section 53.

Commencement Information

I4 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Circumstances in which donation made U.K.

5 (1) In relation to each recordable donation a quarterly or weekly report must— U.K.

(a) give the relevant date for the donation; and

(b) (in the case of a quarterly report)—

(i) state whether the donation was made to the registered party or any accounting unit of the party; or

(ii) in the case of a donation to which section 62(12) applies, indicate that it is a donation which falls to be treated as made to the party by virtue of that provision.

(2) In the case of a donation to which section 55(3) applies, the report must in addition give—

(a) the date or dates on or between which the visit to which the donation relates took place, and

(b) the destination and purpose of the visit.

(3) For the purposes of this paragraph as it applies to a quarterly report, the relevant date for a donation is—

(a) (if within section 62(4)(a) or (7)(a)) the date when the donation was accepted by the party or the accounting unit;

(b) (if within section 62(4)(b) or (7)(b)) the date when the donation was accepted by the party or the accounting unit which caused the aggregate amount in question to be more than the limit specified in that provision;

(c) (if within section 62(9)) the date when the donation was received.

(4) For the purposes of this paragraph as it applies to a weekly report, the relevant date for a donation is the date when the donation was received by the party or its central organisation as mentioned in section 63(3).

Commencement Information

I5 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F23 Application of reporting requirement U.K.

Textual Amendments

F23 Sch. 6 para. 5A and preceding cross-heading inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para 153; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

5A U.K. If the requirement to record the donation arises only because the value of the donation has, for the purposes of section 62(4) or (6), been aggregated with the value of any relevant transaction or transactions (within the meaning of section 71M), a quarterly report must contain a statement to that effect.]

Donations from impermissible donors U.K.

6 U.K. In relation to each recordable donation to which section 54(1)(a) applies a quarterly report must—

(a) give the name and address of the donor; and

(b) give the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(a).

[F24 (c) if the donation is a Gibraltar donation (within the meaning of section 57A), record that fact.]

Textual Amendments

F24 Sch. 6 para. 6(c) 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. 33(k)

Commencement Information

I6 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Donations from unidentifiable donors U.K.

7 U.K. In relation to each recordable donation to which section 54(1)(b) applies a quarterly report must give—

(a) details of the manner in which it was made,

(b) details of any element of deception or concealment employed by the donor of which the registered party or any accounting unit of the party became aware and the means by which it was revealed; and

(c) the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(b).

Commencement Information

I7 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Other details U.K.

8 U.K. A quarterly or weekly report must give such other information (if any) as is required by regulations made by the Commission.

Commencement Information

I8 Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)