SCHEDULES
SCHEDULE 3Declaration as to source of donation
Schedule 7 to the 2000 Act (control of donations to individuals and members associations)
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—
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—
Declaration as to source of donation
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.
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.
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)
”
.
Schedule 11 to the 2000 Act (control of donations to recognised third parties)
4
1
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—
aa
in the case of a donation of an amount exceeding £7,500, the recognised third party has not been given a declaration as required by paragraph 6A; or
2
After paragraph 6 of that Schedule there is inserted—
Declaration as to source of donation
6A
1
Where a person (P) causes an amount exceeding £7,500 to be received by a recognised third party by way of a donation, a written declaration must be given to the recognised third party—
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 (4) of paragraph 6 applies to the donation;
ii
sub-paragraph (6) 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).
5
1
In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “
paragraphs 9A to 11
”
.
2
After that paragraph there is inserted—
Declarations under paragraph 6A
9A
In relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement must either—
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.
6
1
Paragraph 11 of that Schedule (donations from impermissible donors) is amended as follows.
2
In the heading, for “impermissible donors” there is substituted “
impermissible or unidentifiable donors or without required declaration
”
.
3
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “
paragraph 6(1)(a), (aa) or (b)
”
.
4
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “
paragraph 6(1)(a) or (aa)
”
.
5
In sub-paragraph (2)(a), after “the donor” there is inserted “
or the person appearing to be the donor
”
.
6
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “
section 56(2)(a) or (aa)
”
.
Schedule 15 to the 2000 Act (control of donations to permitted participants)
7
1
In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—
aa
in the case of a donation of an amount exceeding £7,500, the permitted participant has not been given a declaration as required by paragraph 6A, or
2
After paragraph 6 of that Schedule there is inserted—
Declaration as to source of donation
6A
1
Where a person (P) causes an amount exceeding £7,500 to be received by a permitted participant by way of a donation, a written declaration must be given to the permitted participant—
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 (5) of paragraph 6 applies to the donation;
ii
sub-paragraph (7) 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).
8
1
In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “
paragraphs 9A to 11
”
.
2
After that paragraph there is inserted—
Declarations under paragraph 6A
9A
In relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement must either—
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.
9
1
Paragraph 11 of that Schedule (donations from impermissible or unidentified donors) is amended as follows.
2
In the heading, at the end there is inserted “
or without required declaration
”
.
3
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “
paragraph 6(1)(a), (aa) or (b)
”
.
4
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “
paragraph 6(1)(a) or (aa)
”
.
5
In sub-paragraph (2)(a), after “the donor” there is inserted “
or the person appearing to be the donor
”
.
6
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “
section 56(2)(a) or (aa)
”
.
Schedule 20 to the 2000 Act (penalties)
10
In Schedule 20 (penalties) the following entries are inserted at the appropriate places—
Paragraph 6A(5) of Schedule 7 (making a false declaration as to source of donation)
On summary conviction in England and Wales or Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year
Paragraph 6A(5) of Schedule 11 (making a false declaration as to source of donation)
On summary conviction in England and Wales or Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year
Paragraph 6A(5) of Schedule 15 (making a false declaration as to source of donation)
On summary conviction in England and Wales or Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year