Part IV

Control of donations to registered parties and their members etc.
Chapter II

Restrictions on donations to registered parties

Permissible donations

Permissible donors.
54
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 Companies Act 2006, and
ii
incorporated within the United Kingdom ...,
which carries on business in the United Kingdom;
c
a registered party ...;
d
a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;
e
a building society (within the meaning of the Building Societies Act 1986);
f
a limited liability partnership registered under the Limited Liability Partnerships Act 2000 . . . which carries on business in the United Kingdom;
g
a friendly society registered under the Friendly Societies Act 1974 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the 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.
2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 £500 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 or 2A 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 £500 ,
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 or 2A 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 ...—
a
a register of parliamentary or local government electors maintained under section 9 of the Representation of the People Act 1983;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2
S. 54 wholly in force at 16.2.2001; 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)
1992 c. 52.
S.I. 1992/807 (N.I.5).
1986 c. 53.
2000 c. 12.
1974 c. 46.
1969 c. 24.
1983 c. 2.
Pt. 4 Chs. 1-3 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
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)
S. 54(2)(c) modified (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(4), 31(2)
Words in s. 54(5)(a)(6) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 6, Sch. 2 para. 2
Words in s. 24(2)(b)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(a) (with arts. 3-5, 10)
Words in s. 54(2)(f) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(b) (with arts. 3-5, 10)
Sum in s. 54(4)(b) substituted (1.1.2010) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)
Sum in s. 54(6)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)
Words in s. 54(2)(b)(ii) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
S. 54(8)(b)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 26; S.I. 2016/69, reg. 2
S. 54(3A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Words in s. 54(2)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
S. 54(2A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2
Words in s. 54(2)(g) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 76 (with Sch. 5)
Words in s. 54(8) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))