Prospective
1(1)In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—U.K.
“(aa)in the case of a donation of an amount exceeding £7,500, the donee has not been given a declaration as required by paragraph 6A, or”.
(2)After paragraph 6 of that Schedule there is inserted—
6A(1)Where a person (P) causes an amount exceeding £7,500 to be received by a regulated donee by way of a donation, a written declaration must be given to the donee—
(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 sub-paragraph (2) applies to the donation.
(2)This sub-paragraph 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 paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—
(a)state whether or not, in the opinion of the person making the declaration—
(i)sub-paragraph (2) of paragraph 6 applies to the donation;
(ii)sub-paragraph (4) of that paragraph applies to it;
(b)if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.
(4)The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (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 paragraph 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 sub-paragraph (2).”
2(1)Paragraph 10 of that Schedule (donation reports: donations from permissible donors) is amended as follows.U.K.
(2)In the heading, at the end there is inserted “ etc. ”.
(3)In sub-paragraph (1), for the words from “each controlled donation” to the end there is substituted “each controlled donation which is a recordable donation and either—
(a)has been accepted by the donee, or
(b)has not been accepted by the donee but is a donation in the case of which a declaration under paragraph 6A has been given.”
(4)In sub-paragraph (4)(a), for “by virtue of paragraphs 2, 2A and 4” there is substituted “ , by virtue of paragraphs 1A, 2, 2A and 4 ”.
(5)In sub-paragraph (5)—
(a)for “paragraphs 2, 2A and 4” there is substituted “ paragraphs 1A, 2, 2A and 4 ”;
(b)after paragraph (a) there is inserted—
“(aa)any reference to section 54A shall be read as a reference to paragraph 6A above;”.
3(1)Paragraph 11 of that Schedule (donation reports: donations from impermissible or unidentifiable donors) is amended as follows.U.K.
(2)In the heading, at the end there is inserted “ or without required declaration ”.
(3)In sub-paragraph (1)(a), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.
(4)In sub-paragraph (1)(b), for “section 56(2)(a) or (b)” there is substituted “ section 56(2)(a), (aa) or (b) ”.
(5)In sub-paragraph (3), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.
(6)In sub-paragraph (3)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.
(7)In sub-paragraph (3)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.