Political Parties, Elections and Referendums Bill - continued        House of Lords

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SCHEDULE 6
 
  CONTROL OF DONATIONS TO INDIVIDUALS AND MEMBERS ASSOCIATIONS
  PART I
  INTRODUCTORY
 
Operation and interpretation of Schedule
     1. - (1) This Schedule has effect for controlling donations to-
 
 
    (a) members of registered parties;
 
    (b) members associations; and
 
    (c) holders of relevant elective offices.
      (2) The following provisions have effect for the purposes of this Schedule.
 
      (3) "Controlled donation"-
 
 
    (a) in relation to a member of a registered party, means a donation received by that person which is-
 
      (i) offered to him, or
 
      (ii) where it has been accepted, retained by him,
 
    for his use and benefit in connection with any of his political activities as a member of the party;
 
    (b) in relation to a members association, means a donation received by the association which is-
 
      (i) offered to the association, or
 
      (ii) where it has been accepted, retained by the association,
 
    for its use and benefit in connection with any of its political activities;
 
    (c) in relation to a holder of a relevant elective office, means a donation received by that person which is-
 
      (i) offered to him, or
 
      (ii) where it has been accepted, retained by him,
 
    for his use and benefit (as the holder of such an office) in connection with any of his political activities.
      (4) For the purposes of this Schedule the political activities of a party member or (as the case may be) of a members association include, in particular-
 
 
    (a) promoting or procuring the election of any person to any position in, or to any committee of, the party in question;
 
    (b) promoting or procuring the selection of any person as the party's candidate for election to a relevant elective office; and
 
    (c) the promoting or developing policies with a view to their adoption by the party;
  and in the application of paragraph (a) or (b) to a party member the reference to any person includes that member.
 
      (5) "Donation" shall be construed in accordance with paragraphs 2 and 3; and (in the absence of any express indication) a donation shall be taken to have been offered to, or retained by, a person or organisation as mentioned in sub-paragraph (1)(a), (b) or (c) if, having regard to all the circumstances, it must reasonably be assumed to have been so offered or retained.
 
      (6) "Members association" means any organisation whose membership consists wholly or mainly of members of a registered party, other than-
 
 
    (a) a registered party falling within section 23(2)(a); or
 
    (a) an organisation falling within section 23(2)(b) (that is, the central organisation of a registered party or an accounting unit of such a party).
      (7) "Regulated donee" means-
 
 
    (a) a member of a registered party;
 
    (b) a members association; or
 
    (c) the holder of a relevant elective office, whether or not he is a member of a registered party.
      (8) "Relevant elective office" means the office of-
 
 
    (a) member of Parliament;
 
    (b) member of the European Parliament elected in the United Kingdom;
 
    (c) member of the Scottish Parliament;
 
    (d) member of the National Assembly for Wales;
 
    (e) member of the Northern Ireland Assembly;
 
    (f) member of-
 
      (i) any local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council, or
 
      (ii) the Greater London Assembly; or
 
    (g) Mayor of London or elected mayor within the meaning of Part II of the Local Government Act 2000.
      (9) "The responsible person", in relation to a members association, means-
 
 
    (a) the treasurer, if there is one, and
 
    (b) otherwise any person responsible for dealing with donations to the association.
 
Donations: general rules
     2. - (1) "Donation", in relation to a regulated donee, means (subject to paragraph 3)-
 
 
    (a) any gift to the donee of money or other property;
 
    (b) any money spent (otherwise than by the donee or a person acting on his or its behalf) in paying any expenses incurred directly or indirectly by the donee;
 
    (c) any money lent to the donee otherwise than on commercial terms;
 
    (d) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the donee (including the services of any person);
 
    (e) the provision of any sponsorship in relation to the donee; or
 
    (f) (where the donee is a members association) any subscription or other fee paid for affiliation to, or membership of, the donee.
      (2) Any money or other property which is transferred to a regulated donee for a consideration which is less than the value of the money or (as the case may be) the market value of the property shall be regarded as constituting a gift to the donee.
 
      (3) Anything given or transferred to any officer, member or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to donations received by a regulated donee accordingly include, in the case of a members association, donations so given or transferred).
 
      (4) In this paragraph-
 
 
    (a) any reference to anything being given or transferred to a regulated donee or any other person is a reference to its being so given or transferred either directly or indirectly through any third person;
 
    (b) "gift" includes bequest.
 
Payments etc. not to be regarded as donations
     3. - (1) None of the following shall be regarded as a donation-
 
 
    (a) any facility provided in pursuance of any right conferred on candidates at an election or a referendum by any enactment;
 
    (b) the provision by any individual of his own services which he provides voluntarily and in his own time;
 
    (c) any interest accruing to a regulated donee in respect of any donation which is dealt with by the donee in accordance with section 51(2)(a) or (b) (as applied by paragraph 7);
 
    (d) any money or other property, or any services or facilities, provided out of public funds for the personal security of a regulated donee who is an individual.
      (2) For the avoidance of doubt no remuneration or allowances paid to the holder of a relevant elective office in his capacity as such shall be regarded as a donation.
 
      (3) There shall also be disregarded-
 
 
    (a) any donation which, by virtue of any enactment, falls to be recorded in a return as to election expenses made by a candidate at an election or by an election agent; and
 
    (b) except for the purposes of paragraph 13, any donation whose value (as determined in accordance with paragraph 4) is less than £200.
 
Value of donations
     4. - (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.
 
      (2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2) the value of the donation shall be taken to be the difference between-
 
 
    (a) the value of the money, or the market value of the property, in question, and
 
    (b) the consideration provided by or on behalf of the donee.
      (3) The value of any donation falling within paragraph 2(1)(c) or (d) shall be taken to be the amount representing the difference between-
 
 
    (a) the actual cost (if any) to the donee, and
 
    (b) the cost that would have been incurred by the donee had the loan been made, or the property, services or facilities been provided, on commercial terms.
      (4) The value of any donation falling within paragraph 2(1)(e) shall be taken to be the value in monetary terms of the benefit conferred by the sponsorship in question on the donee; and any such value conferred on the sponsor shall be disregarded.
 
      (5) Where a donation such as is mentioned in sub-paragraph (3) or (4) confers an enduring benefit on the donee over a particular period, the value of the donation-
 
 
    (a) shall be determined at the time when it is made, but
 
    (b) shall be so determined by reference to the total benefit accruing to the donee over that period.
 
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