The European Parliamentary Elections (Amendment) Regulations 2009

Control of donations to individual candidates

44.—(1) Schedule 6 is amended as follows.

(2) For sub-paragraph (7) of paragraph 1 substitute—

“(7) In relation to a donation received by a candidate at an election in Great Britain or Gibraltar, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.”

(3) The existing text of paragraph 10 shall become sub-paragraph (1) of that paragraph and after sub-paragraph (1) insert—

“(2) If the statement states that the candidate’s election agent has seen a certificate of anonymous registration issued pursuant to regulation 45G of the 2001 Regulations(1), regulation 45F of the 2001 (Scotland) Regulations(2) or the equivalent provision forming part of the law of Gibraltar, which is evidence that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of that certificate of anonymous registration(3).”

(1)

Regulation 45G was inserted by S.I.2006/2910.

(2)

Regulation 45F was inserted by S.I.2007/925.

(3)

Paragraph 11 of Schedule 6 to the 2004 Regulations provides that a statement of relevant donations must record information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act. The effect of paragraphs 2(3B) and (3C) of Schedule 6 to the 2000 Act, as inserted by section 10 of, and paragraph 26 of Schedule 1 to, the 2006 Act, is that when registered parties are reporting donations from donors with anonymous entries the donation report does not need to contain their address but instead should state that the registered party has seen evidence of such description as is prescribed by the Secretary of State. The prescribed evidence under S.I.2008/2869 is a certificate of anonymous registration.