Recall of MPs Act 2015

Duty to return donations from impermissible donors

14 (1) This paragraph applies where an accredited campaigner receives a relevant donation which the accredited campaigner is prohibited from accepting by virtue of paragraph 9(a) (impermissible donor) but not by virtue of paragraph 9(b) (unidentifiable donor).

(2) The donation must, before the end of the period of 30 days beginning with the day on which the donation is received, be returned to—

(a) the donor, or

(b) any person appearing to be acting on that person’s behalf.

(3) If sub-paragraph (2) is not complied with, an offence is committed by—

(a) the accredited campaigner, and

(b) the responsible person.

(4) It is a defence for a person charged with an offence under this paragraph to show that—

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

(b) as a result, the relevant person believed the donor to be a permissible donor.

(5) “The relevant person” means—

(a) where the person charged with the offence is an individual, that individual, and

(b) otherwise, the responsible person.

(6) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 12 months or a fine (or both), and

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), and

(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).