Political Parties, Elections and Referendums Act 2000

Permissible donations U.K.

54 Permissible donors. U.K.

(1) A donation received by a registered party must not be accepted by the party if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or

(b) the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

(2) For the purposes of this Part the following are permissible donors—

(a) an individual registered in an electoral register;

(b) a company—

(i) [F1 registered under the Companies Act 2006], and

(ii) incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c) a registered party[F2 , other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d) a trade union entered in the list kept under the M1 Trade Union and Labour Relations (Consolidation) Act 1992 or the M2 Industrial Relations (Northern Ireland) Order 1992;

(e) a building society (within the meaning of the M3 Building Societies Act 1986);

(f) a limited liability partnership registered under the M4 Limited Liability Partnerships Act 2000 F3 . . . which carries on business in the United Kingdom;

(g) a friendly society registered under the M5 Friendly Societies Act 1974 [F4 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under] the M6 Industrial and Provident Societies Act (Northern Ireland) 1969; and

(h) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.

[F5 (2A) As respects a registered party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region, the following are also permissible donors for the purposes of this Part—

(a) a Gibraltar elector;

(b) a company—

(i) registered under the Companies [F6 Act]; and

(ii) incorporated within Gibraltar, the United Kingdom or another member State, which carries on business in Gibraltar;

(c) a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region;

(d) a trade union within the meaning of the Trade Union and Trade Disputes [F7 Act];

(e) a building society within the meaning of the Banking (Extension to Building Societies) [F8 Act];

(f) a limited liability partnership registered under the Limited Partnerships Ordinance, which carries on business in Gibraltar; and

(g) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in Gibraltar and whose main office is there,

but, in the case of a party other than a Gibraltar party, only where the donation is received by the party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region.]

(3) In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.

[F9 (3A) In relation to a donation in the form of a bequest subsection (2A)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, a Gibraltar elector.]

(4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a 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 [F10 £500] 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 party, the party 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 2 [F11 or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.

(6) Where—

(a) any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and

(b) the amount of that donation is more than [F12 £500] ,

the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 [F11 or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation.

(7) A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).

(8) In this section “electoral register” means any of the following—

(a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the M7 People Act 1983;

(b) a register of relevant citizens of the European Union prepared under [F13 the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001]; or

(c) a register of peers prepared under regulations under section 3 of the Representation of the M8 People Act 1985.

Textual Amendments

F1 Words in s. 24(2)(b)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(a) (with arts. 3-5, 10)

F2 Words in s. 54(2)(c) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 12(a)

F3 Words in s. 54(2)(f) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(b) (with arts. 3-5, 10)

F4 Words in s. 54(2)(g) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 76 (with Sch. 5)

F5 S. 54(2A) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 12(b)

F6 Word in s. 54(2A)(b)(i) substituted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 1(a)

F7 Word in s. 54(2A)(d) substituted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 1(b)

F8 Words in s. 54(2A)(e) substituted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 1(c)

F9 Words in s. 54(3A) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 12(c)

F10 Sum in s. 54(4)(b) substituted (1.1.2010) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F11 Words in s. 54(5)(a)(6) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 6, Sch. 2 para. 2

F12 Sum in s. 54(6)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F13 Words in s. 54(8)(b) substituted (9.4.2001) by S.I. 2001/1184, reg. 11(b)

Modifications etc. (not altering text)

C1 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C2 S. 54(2)(c) modified (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(4), 31(2)

Commencement Information

I1 S. 54 wholly in force at 16.2.2001; s. 54 not in force at Royal Assent, see s. 163(2); s. 54 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

M1 1992 c. 52.

M2 S.I. 1992/807 (N.I.5).

M3 1986 c. 53.

M4 2000 c. 12.

M5 1974 c. 46.

M6 1969 c. 24.

M7 1983 c. 2.

M8 1985 c. 50.

Prospective

[F14 54A Declaration as to source of donation U.K.

(1) Where a person (P) causes an amount exceeding £7,500 to be received by a registered party by way of a donation, a written declaration must be given to the 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 subsection (2) applies to the donation.

(2) This subsection 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 section contains a statement to the effect that subsection (2) applies to the donation, it must also—

(a) state whether or not, in the opinion of the person making the declaration—

(i) subsection (4) of section 54 applies to the donation;

(ii) subsection (6) of that section applies to it;

(b) if the person's opinion is that neither of those subsections applies to the donation, give the person's reasons for that opinion.

(4) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (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 section 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 subsection (2).]

Textual Amendments

F14 S. 54A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(2), 43

Prospective

[F15 54B Declaration as to whether residence etc condition satisfied U.K.

(1) An individual making to a registered party a donation in relation to which the condition set out in section 54(2ZA) applies must give to the party a written declaration stating whether or not the individual satisfies that condition.

(2) A declaration under this section must also state the individual's full name and address.

(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(4) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(5) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.]

Textual Amendments

F15 S. 54B inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), s. 10(4), 43

55 Payments etc. which are (or are not) to be treated as donations by permissible donors. U.K.

(1) The following provisions have effect for the purposes of this Part.

(2) Any payment out of public funds received by a registered party shall (subject to [F16 section 52(1)(b)]) be regarded as a donation received by the party from a permissible donor.

(3) Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—

(a) the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and

(b) the amount of the donation does not exceed a reasonable amount in respect of such costs.

(4) In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—

(a) travelling between the United Kingdom and the country or territory in question, or

(b) travelling, accommodation or subsistence while within that country or territory.

(5) Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.

[F17 (5A) Any exempt Gibraltar trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor if—

(a) at the time the donation is received by the party, its entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region; and

(b) in the case of a party other than a Gibraltar party, the donation is received by the party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region.]

(6) But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not—

(a) an exempt trust donation, or

[F18 (aa) an exempt Gibraltar trust donation regarded by virtue of subsection (5A) as received from a permissible donor, or.]

(b) a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the party are permissible donors, or

(ii) the members of an unincorporated association which at that time is a permissible donor,

shall be regarded as a donation received by the party from a person who is not a permissible donor.

Textual Amendments

F16 Words in s. 55(2) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 147; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(i) (subject to art. 4, Sch. 2)

F17 S. 55(5A) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 13(a)

F18 S. 55(6)(aa) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 13(b)

Modifications etc. (not altering text)

C3 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

Commencement Information

I2 S. 55 wholly in force at 16.2.2001; s. 55 not in force at Royal Assent, see s. 163(2); s. 55 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

56 Acceptance or return of donations: general. U.K.

(1) Where—

(a) a donation is received by a registered party, and

(b) it is not immediately decided that the party should (for whatever reason) refuse the donation,

all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 [F19 or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation.

(2) If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then—

(a) unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,

(b) if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,

within the period of 30 days beginning with the date when the donation is received by the party.

(3) Where—

(a) subsection (2)(a) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that provision,

the party and the treasurer of the party are each guilty of an offence.

[F20 (3A) Where a party or its treasurer is charged with an offence under subsection (3), it shall be a defence to prove that—

(a) all reasonable steps were taken by or on behalf of the party to verify (or ascertain) whether the donor was a permissible donor, and

(b) as a result, the treasurer believed the donor to be a permissible donor.]

(4) Where—

(a) subsection (2)(b) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that provision,

the treasurer of the party is guilty of an offence.

(5) For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—

(a) the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and

(b) a record can be produced of the receipt of the donation and—

(i) of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or

(ii) of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),

as the case may be.

(6) Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.

Textual Amendments

F19 Words in s. 56(1) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501), art. 6, Sch. 2 para. 2

F20 S. 56(3A) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 12, 43; S.I. 2009/3084, art. 4(a)

Modifications etc. (not altering text)

C4 Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C5 Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

C6 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C7 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C8 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7

C9 Ss. 56-59 applied by 1962 c. 14 (N.I.), Sch. 3A para. 7 (as inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 2(2), Sch. 1 para. 19 (with art. 1(3)))

C10 Ss. 56-60 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 5 para. 7

Commencement Information

I3 S. 56 wholly in force at 16.2.2001; s. 56 not in force at Royal Assent, see s. 163(2); s. 56 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

57 Return of donations where donor unidentifiable. U.K.

(1) For the purposes of section 56(2)(b) the required steps are as follows—

(a) if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person;

(b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and

(c) in any other case, to send the donation to the Commission.

(2) In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body.

(3) Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.

Modifications etc. (not altering text)

C9 Ss. 56-59 applied by 1962 c. 14 (N.I.), Sch. 3A para. 7 (as inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 2(2), Sch. 1 para. 19 (with art. 1(3)))

C10 Ss. 56-60 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 5 para. 7

C11 Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C12 Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

C13 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C14 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C15 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7

Commencement Information

I4 S. 57 wholly in force at 16.2.2001; s. 57 not in force at Royal Assent, see s. 163(2); s. 57 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

[F21 57A Additional limit on Gibraltar donations to UK parties U.K.

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F21 S. 57A inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 14

F22 S. 57A omitted (30.1.2009) by virtue of The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 2

Modifications etc. (not altering text)

C9 Ss. 56-59 applied by 1962 c. 14 (N.I.), Sch. 3A para. 7 (as inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 2(2), Sch. 1 para. 19 (with art. 1(3)))

C10 Ss. 56-60 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 5 para. 7