Political Parties, Elections and Referendums Act 2000

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

7 (1) The following provisions have effect for the purposes of this Schedule. U.K.

[F1 (1A) A person falling within section 54(2A)(a) to (g) is a permissible donor if—

(a) the controlled donation is received by—

(i) a member of a registered party; or

(ii) a members association whose membership consists wholly or mainly of members of a registered party,

and the party is 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; or

(b) the controlled donation is received by a member of the European Parliament elected in the combined region.]

(2) Any payment out of public funds received by a regulated donee which is a members association, for its use and benefit in connection with any of its political activities, shall be regarded as a controlled donation received by the association from a permissible donor.

(3) Any donation received by a regulated donee shall (if it would not otherwise fall to be so regarded) be regarded as a controlled donation received by the donee 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 any visit—

(i) by the donee in connection with any of the donee’s political activities, or

(ii) in the case of a members association, by any member or officer of the association in connection with any of its political activities,

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 sub-paragraph (3) “qualifying costs”, in relation to the donee or (as the case may be) any member or officer of the donee, 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 controlled donation received by a regulated donee which is an exempt trust donation shall be regarded as a controlled donation received by the donee from a permissible donor.

[F2 (5A) Any controlled donation received by a regulated donee which is an exempt Gibraltar trust donation shall be regarded as a controlled donation received by the donee from a permissible donor if—

(a) the donation is received by—

(i) a member of a registered party; or

(ii) a members association whose membership consists wholly or mainly of members of a registered party,

and the party is 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; or

(b) the donation is received by a member of the European Parliament elected in the combined region.]

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

(a) an exempt trust donation, or

[F3 (aa) an exempt Gibraltar trust donation regarded by virtue of sub-paragraph (5A) as received from a permissible donor, or]

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

(i) persons who at the time of its receipt by the donee are permissible donors falling within section 54(2) [F4 or permissible donors by virtue of sub-paragraph (1A)], or

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

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

Textual Amendments

F1 Sch. 7 para. 7(1A) 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. 34(b)(i)

F2 Sch. 7 para. 7(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. 34(b)(ii)

F3 Sch. 7 para. 7(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. 34(b)(iii)(aa)

F4 Words in Sch. 7 para. 7(6)(b)(i) 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. 34(b)(iii)(bb)

Modifications etc. (not altering text)

C1 Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C2 Sch. 7 paras. 2-15 disapplied in part (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 3

C3 Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I1 Sch. 7 wholly in force in 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)