SCHEDULES
C4C1C2C3C5F1Schedule 2A Control of Donations to Candidates
Sch. 2A applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 36(4)-(12) (with art. 1(2)(3))
Sch. 2A applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Sch. 2A: power to amend or modify conferred (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 15(1)-(3), 31
Sch. 2A modified (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 11(5), 31
Sch. 2A applied (with modifications) (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), arts. 1(1), 36(4)-(10) (with art. 1(2))
Part II Controls on donations
Prohibition on accepting donations from impermissible donors
6
1
A relevant donation received by a candidate or his election agent must not be accepted if—
a
the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 54(2) of the 2000 Act; or
b
the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
2
For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) shall apply for the purposes of this Schedule as it applies for the purposes of that Act.
3
But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not—
a
an exempt trust donation, or
b
a relevant donation transmitted by the trustee to the candidate or his election agent on behalf of beneficiaries under the trust who are—
i
persons who at the time of its receipt by the candidate or his election agent are permissible donors falling within section 54(2) of the 2000 Act, or
ii
the members of an unincorporated association which at that time is such a permissible donor,
shall be regarded as a relevant donation received by the candidate or his election agent from a person who is not such a permissible donor.
4
Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or his election agent by way of a relevant donation—
a
on behalf of himself and one or more other persons, or
b
on behalf of two or more other persons,
then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 shall be treated as if it were a separate donation received from that person.
5
In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given—
a
(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c) below; and
b
(in any case) all such details in respect of the donation as are required by virtue of paragraph 11(a) below.
6
Where—
a
any person (“the agent”) causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person (“the donor”), and
b
the amount of the donation is more than £50,
the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c) below.
7
A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6) above.
8
A person guilty of an offence under sub-paragraph (7) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);
b
on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).
Sch. 2A inserted (30.11.2000 for certain purposes, otherwise 1.7.2001) by 2000 c. 41, ss. 130(3), 163(3)(d), Sch. 16 (with ss. 130(4), 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)