Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014

Section 33

SCHEDULE 4 Requirements of quarterly and weekly donation reports

After Schedule 11 to the Political Parties, Elections and Referendums Act 2000 insert—

Sections 95A and 95B

“SCHEDULE 11A Requirements of quarterly and weekly donation reports

Part 1 Preliminary

1 (1) In this Schedule—

(a) “quarterly report” means a report required to be prepared under section 95A;

(b) “reportable donation”, in relation to a quarterly report, has the same meaning as in that section;

(c) “weekly report” means a report required to be prepared under section 95B;

(d) “substantial donation”, in relation to a weekly report, has the same meaning as in that section;

(e) “reporting period”, in relation to a report, means the reporting period within the meaning of section 95A or 95B in respect of which the report is made.

(2) References in this Schedule to the value of a donation are to its value as determined in accordance with paragraph 5 of Schedule 11.

(3) References in this Schedule to section 56 are to that section as applied by paragraph 7 of Schedule 11.

Part 2 Quarterly reports

Requirements of quarterly reports

2 (1) A quarterly report in respect of a reporting period—

(a) must contain the statement mentioned in paragraph 3 (reportable donations accepted during reporting period), and

(b) must contain the statement mentioned in paragraph 5 (reportable donations from impermissible or unidentifiable donors dealt with during reporting period).

(2) Where, because of the application of paragraph 2(3B) of Schedule 6 by virtue of paragraph 3(2)(a), the information required in the statement mentioned in paragraph 3 is a statement that the recognised third party has seen certain evidence that an individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the quarterly report must be accompanied by that evidence.

Statement relating to reportable donations accepted during reporting period

3 (1) The statement required by paragraph 2(1)(a) to be contained in a quarterly report is a statement recording—

(a) the appropriate details in relation to each reportable donation accepted by the recognised third party during the reporting period which is of a substantial value in the context of that period,

(b) the total value of all other reportable donations which are accepted by the recognised third party during the reporting period, and

(c) such other information as may be required by regulations made by the Commission.

(2) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a), the “appropriate details” means—

(a) the 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,

(b) where the donation is of money, the amount of the donation,

(c) where the donation is not of money, the nature of the donation and its value,

(d) the date the donation was accepted by the recognised third party, and

(e) such other information as may be required by regulations made by the Commission.

4 (1) For the purposes of paragraph 3(1)(a), a reportable donation is of a substantial value in the context of a reporting period (“the reporting period”) if—

(a) in a case where there are no reportable donations made by the donor which have been recordable in any previous relevant quarterly report, condition A is met;

(b) in any other case, condition B is met.

(2) Condition A is met if—

(a) the value of the donation is more than £7,500, or

(b) its value, when added to the value of all other reportable donations (if any) made by the same donor which are accepted by the recognised third party in the relevant pre-dissolution period, is more than £7,500.

(3) Condition B is met if—

(a) the value of the donation is more than £1,500, or

(b) its value, when added to the value of all other reportable donations (if any) made by the same donor which fall within sub-paragraph (4), is more than £1,500.

(4) A reportable donation falls within this sub-paragraph if—

(a) it is accepted by the recognised third party in the relevant pre-dissolution period, and

(b) it was not recordable in any previous relevant quarterly report.

(5) If a reportable donation which is aggregated under sub-paragraph (2)(b) or (3)(b) was accepted by the recognised third party in a previous reporting period, the donation is to be treated for the purposes of paragraph 3(1)(a) as accepted by the third party during the reporting period.

(6) For the purposes of this paragraph a donation is “recordable in any previous relevant quarterly report” if details of the donation were required to be recorded under paragraph 3(1)(a) in any previous quarterly report in relation to the recognised third party in the case of the relevant pre-dissolution period.

(7) In this paragraph, “the relevant pre-dissolution period” means the pre-dissolution period (within the meaning of section 95A) within which the reporting period falls.

Statement of reportable donations dealt with during reporting period

5 (1) The statement required by paragraph 2(1)(b) to be contained in a quarterly report is a statement recording the appropriate details in relation to each reportable donation which—

(a) the recognised third party is prohibited from accepting by virtue of—

(i) paragraph 6(1)(a) of Schedule 11, or

(ii) paragraph 6(1)(b) of that Schedule, and

(b) is dealt with by the recognised third party during the reporting period in accordance with section 56(2).

(2) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a)(i), the “appropriate details” means—

(a) the name and address of the donor,

(b) where the donation is of money, the amount of the donation,

(c) where the donation is not of money, the nature of the donation and its value,

(d) the date the donation was received by the recognised third party,

(e) the date and manner in which the donation was dealt with in accordance with section 56(2)(a), and

(f) such other information as may be required by regulations made by the Commission.

(3) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a)(ii), the “appropriate details” means—

(a) details of the manner in which the donation was made,

(b) where the donation is of money, the amount of the donation,

(c) where the donation is not of money, the nature of the donation and its value,

(d) the date the donation was received by the recognised third party,

(e) the date and manner in which the donation was dealt with in accordance with section 56(2)(b), and

(f) such other information as may be required by regulations made by the Commission.

Supplementary

6 Where reference is made in this Part to a donation being accepted, or dealt with in accordance with section 56(2), by a recognised third party during a reporting period, it is irrelevant whether the donation was also received by that party in that period.

Part 3 Weekly Reports

7 (1) A weekly report in respect of a reporting period must contain a statement recording the appropriate details in relation to each substantial donation received by the recognised third party during that period.

(2) The “appropriate details” means—

(a) the 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 3 of Schedule 6,

(b) where the donation is of money, the amount of the donation,

(c) where the donation is not of money, the nature of the donation and its value,

(d) the date the donation was received by the recognised third party, and

(e) such other information as may be required by regulations made by the Commission.”