[F1[F271EDuty not to disclose contents of donation reportsU.K.
[F3(A1)Subject to subsection (A2), this section applies only to a donation received by a Northern Ireland recipient before 1 July 2017.
(A2)This section does not apply to a donation received before 1 July 2017 which is required to be recorded in a report—
(a)under section 62 in respect of a period beginning on or after 1 July 2017 because the donation is required by that section to be aggregated with a donation received or transaction entered into on or after that date, or
(b)under paragraph 10 of Schedule 7 delivered on or after 1 July 2017 because the donation is required by that paragraph to be aggregated with a donation received or a transaction entered into on or after that date.]
(1)A person who is or has been a member or employee of the Commission must not disclose any information which—
(a)relates to a donation [F4to which this section applies] , and
(b)has been obtained by the Commission in the exercise of their functions under this Part,
except in the following cases.
(2)Such information may be disclosed, for the purpose of verifying information given in a Northern Ireland report,—
(a)to a member or employee of the Commission, or
(b)to such bodies as may be prescribed.
(3)Such information may be disclosed for the purposes of any criminal or civil proceedings.
(4)Such information may be disclosed in accordance with any prescribed requirements if it relates to a donation which the Commission believe, on reasonable grounds, was a donation required to be dealt with in accordance with section 56(2) (donations from impermissible and unidentifiable donors).
[F5(4A)Such information may be disclosed if the Commission believe, on reasonable grounds, that—
(a)the relevant person has consented to the disclosure, and
(b)the consent was given in accordance with any prescribed requirements.
(4B)“The relevant person” means the person who made the donation to which the information relates.]
(5)A person who contravenes subsection (1) is guilty of an offence.
[F6(6)A person does not contravene subsection (1) if that person discloses information relating to a donation to which this section applies where—
(a)the donation was received on or after 1 January 2014 but before 1 July 2017,
(b)the Northern Ireland report recording the donation does not state that the donation was received before 1 July 2017, and
(c)when the disclosure is made, the person believes that the donation was received on or after 1 July 2017 and is reasonably entitled to hold that belief.
(7)A person does not contravene subsection (1) merely because—
(a)the person discloses information relating to a transaction within section 71Z4(A3) (duty not to disclose contents of transaction reports: change to a transaction), and
(b)that disclosure suggests that a donation was received before 1 July 2017 with which the transaction has been aggregated in accordance with—
(i)sections 62 (quarterly donation reports: aggregation) and 71M (quarterly reports of regulated transactions: aggregation), or
(ii)paragraph 10 of Schedule 7 (donation reports: aggregation) and paragraph 9 of Schedule 7A (transactions reports: aggregation).
(8)A person does not contravene subsection (1) merely because—
(a)the person discloses information relating to a donation or a transaction in accordance with this section or section 71Z4, and
(b)the disclosure suggests that a donation was received before 1 July 2017 as a result of which section 62(6) or 71M(6) applies in relation to the donation or transaction mentioned in paragraph (a).]]]
Textual Amendments
F1Pt. 4 Ch. 6 inserted (1.11.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(b), 12, 31(2)
F2Ss. 71D, 71E inserted (1.11.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(b), 14(1)(2), 31(2), Sch. 1 para. 1 (as amended: (2.8.2010) by S.I. 2010/2061, arts. 1, 2; (1.3.2011) by S.I. 2011/431, arts. 1(2), 2; (28.2.2013) by S.I. 2013/320, arts. 1(2), 2; and (13.3.2014) by 2014 c. 13, ss. 1(1), 28(1)(a)(i))
F3S. 71E(A1)(A2) inserted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 2(2) (with art. 12)
F4Words in s. 71E(1)(a) substituted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 2(3) (with art. 12)
F5S. 71E(4A)(4B) inserted (13.3.2014 for specified purposes) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 1(3), 28(1)(a)(ii)
F6S. 71E(6)-(8) inserted (8.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(2), 2(4) (with art. 12)