Political Parties, Elections and Referendums Act 2000

Donation reports: donations from permissible donors U.K.

10 [F1 (1) A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation. U.K.

(1A) For the purposes of this paragraph a controlled donation is a recordable donation—

(a) if it is a donation of more than [F2 £7,500] where the donee is a members association) or [F3 £1,500] (in any other case);

(b) if, when it is added to any other controlled benefit or benefits accruing to the donee—

(i) from the same person and in the same calendar year, and

(ii) in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than [F2 £7,500] where the donee is a members association) or [F3 £1,500] (in any other case).

(1B) A controlled benefit is—

(a) a controlled donation;

(b) a controlled transaction within the meaning of paragraph 2 of Schedule 7A.

(1C) A controlled benefit which is a controlled donation accrues—

(a) from the permissible donor who made it, and

(b) when it is accepted by the donee.

(1D) A controlled benefit which is a controlled transaction accrues—

(a) from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and

(b) when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

(2) A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a) if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;

(b) if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed [F2 £7,500] or (as the case may be) [F3 £1,500] accrues.]

(3) Each report prepared by virtue of sub-paragraph (1) must—

(a) give the name and address of the donee; and

(b) if he is the holder of a relevant elective office, specify the office in question.

(4) Each such report must also give—

(a) such information as is required to be given, in the case of a report prepared by virtue of section 62 by virtue of paragraphs 2 [F4 , 2A] and 4 of Schedule 6;

(b) the date when the donation was accepted by the donee, and

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

[F5 (4ZA) Where such a report is one to which this sub-paragraph applies and includes a donation which was received by a Northern Ireland recipient before 1 July 2017, the report must give the date when the donation was received by the donee.

(4ZB) Sub-paragraph (4ZA) applies to a report which is delivered to the Commission on or after the date on which Article 8 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.]

[F6 (4A) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), if the report states that the donee has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.]

(5) In the application of paragraphs 2 [F4 , 2A] and 4 of Schedule 6 in accordance with sub-paragraph (4) above—

(a) any reference to a recordable donation within the meaning of that Schedule shall be construed as a reference to a recordable donation within the meaning of this paragraph;

(b) any reference to section 55(2) or to section 55(3) shall be construed as a reference to paragraph 7(2) above or to paragraph 7(3) above respectively; and

(c) any reference to section 53 shall be construed as a reference to paragraph 5 above.

(6) In the case of [F7 a controlled benefit which is] a donation to which paragraph 7(2) applies, [F8 sub-paragraph (1A)(b)] above shall have effect as if for [F9 “from the same person”] there were substituted “ in circumstances falling within paragraph 7(2) ”.

(7) In the case of [F7 a controlled benefit which is] a donation to which paragraph 7(3) applies—

(a) [F8 sub-paragraph (1A)(b)] above shall have effect as if for [F9 “ from the same person”] there were substituted “ in circumstances falling within paragraph 7(3) by the same donor ”; and

(b) any report prepared by virtue of sub-paragraph (1) above in respect of the donation must give—

(i) the date or dates on or between which the visit to which the donation relates took place, and

(ii) the destination and purpose of the visit.

[F10 (8) This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is F11 ...a member of a local authority in Scotland.

(9) For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.]

[F12 (10) In this paragraph, “Northern Ireland recipient” means a regulated donee who is—

(a) an individual ordinarily resident in Northern Ireland, or

(b) a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.]

Textual Amendments

F1 Sch. 7 para. 10(1)(1A)-(1D)(2) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) for Sch. 7 para. 10(1)(2) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(5); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F2 Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(3), 43; S.I. 2009/3084, art. 4(h)

F3 Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(2), 43; S.I. 2009/3084, art. 4(h)

F4 Words in Sch. 7 para. 10(4)(a)(5) 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. 4

F5 Sch. 7 para. 10(4ZA)(4ZB) inserted (28.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(3), 8(2)

F6 Sch 7 para. 10(4A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 28; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

F7 Words in Sch. 7 para. 10(6)(7) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F8 Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F9 Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F10 Sch. 7 para. 10(8)(9) inserted (1.7.2009 for certain purposes, 4.5.2016 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 59(2), 77(2); S.I. 2009/1509, art. 2 (with art. 3); S.I. 2016/551, art. 2(a) (with art. 3)

F11 Words in Sch. 7 para. 10(8) repealed (S.) (22.1.2016) by Interests of Members of the Scottish Parliament (Amendment) Act 2016 (asp 4), ss. 15(a), 16(4)

F12 Sch. 7 para. 10(10) inserted (28.3.2018) by The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 (S.I. 2018/328), arts. 1(3), 8(3)

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)

C4 Sch. 7 para. 10(4A) amendment by 2006 c. 22, Sch. 1 para. 28 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

Commencement Information

I1 Sch. 7 wholly in force at 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. 1Pt. II)