Electoral Administration Act 2006

Control of donations

55 Policy development grants to be donations

In section 52 of the 2000 Act (payments, services etc. not to be regarded as donations), in subsection (1) omit paragraph (a).

56 Exemption from requirement to prepare quarterly donation reports

(1) After section 62 of the 2000 Act (quarterly donation reports) insert—

“62A Exemption from requirement to prepare quarterly reports

(1) This section applies if each of four consecutive donation reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 62 contains—

(a) in the case of a party without accounting units, a statement under subsection (10) of that section, or

(b) in the case of a party with accounting units, statements under subsection (10) of that section in relation to the central organisation of the party and each of its accounting units.

(2) The treasurer is not required to prepare any further donation reports in pursuance of subsection (1) of that section until a recordable donation—

(a) is accepted by the registered party, or

(b) is dealt with by the registered party in accordance with section 56(2).

(3) A recordable donation is a donation which is required to be recorded by virtue of any of subsections (4) to (9) of section 62 (including those subsections as applied by subsection (11) of that section).

(4) If a recordable donation is accepted or (as the case may be) dealt with in accordance with section 56(2), nothing in this section affects the operation of section 62 in relation to—

(a) the reporting period in which the recordable donation is so accepted or dealt with, or

(b) any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party.

(5) In this section, “donation report” and “reporting period” have the same meaning as in section 62.”

(2) Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if the last of the reports mentioned in subsection (1) of that section relates to a period which falls wholly or partly after the commencement of this section (but it is immaterial whether any of the other reports relate to such a period).

57 Repeal of section 68 of the 2000 Act

Section 68 of the 2000 Act (reporting of multiple small donations) is omitted.

58 Register of donations to include details of nature of donation

In section 69 of the 2000 Act (register of recordable donations), in subsection (2), after paragraph (a) insert—

“(aa) whether the donation is in the form of sponsorship (within the meaning of section 51);”.

59 Reporting donations to holders of certain elective offices

(1) Schedule 7 (control of donations to individuals and members associations) to the 2000 Act is amended as follows.

(2) In paragraph 10, after sub-paragraph (7) insert—

“(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 either—

(a) a member of the Scottish Parliament, or

(b) 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.”

(3) In Part 5 of the Schedule, after paragraph 15 insert—

“Donations to holders of certain elective offices

15A (1) This paragraph applies in relation to donations received by a holder of a relevant elective office if—

(a) the relevant body has in place arrangements requiring the holder of the office to report such donations, and

(b) the Commission think that the arrangements correspond to the requirements of paragraph 10.

(2) The Commission must make such arrangements as they think appropriate corresponding to section 69 as modified in pursuance of paragraph 15(3) to maintain a register of such information as they receive relating to such donations.

(3) In sub-paragraph (1)(a) a relevant body is—

(a) if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8), that body;

(b) if the holder of a relevant elective office is the Mayor of London, the London Assembly;

(c) if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor.”

(4) The Secretary of State must not make an order under section 77 for the purposes of this section as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 15A(2) of that Schedule (as inserted by subsection (3) above) in relation to such holders of relevant elective office.

(5) In subsection (4) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act.

60 Northern Ireland: disapplication of Part 4 of the 2000 Act

Any reference in the Political Parties, Elections and Referendums Act 2000 (Disapplication of Part 4 for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299) to a provision of the 2000 Act which is amended by sections 55 to 58 must be construed as a reference to that provision as so amended.