Political Parties, Elections and Referendums Bill - continued        House of Lords
Schedule 2A, CONTROL OF DONATIONS TO CANDIDATES - continued

back to previous text
 
  PART II
  CONTROLS ON DONATIONS
 
Prohibition on accepting donations from impermissible donors
     5. - (1) A relevant donation received by a candidate or his election agent must not be accepted if-
 
 
    (a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 49(2) of the 2000 Act; or
 
    (b) the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
      (2) For the purposes of this Schedule any relevant donation received by a candidate or his election agent ("the donee") from a trustee of any property (in his capacity as such) which does not constitute a donation transmitted by the trustee to the donee-
 
 
    (a) on behalf of a person who, at the time of its receipt by the donee, is a permissible donor falling within section 49(2) of the 2000 Act, or
 
    (b) in pursuance of a bequest made by such a person as is mentioned in section 49(3) of that Act,
  shall be regarded as a relevant donation received by the donee from a person who is not such a permissible donor.
 
      (3) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a candidate or his election agent by way of a relevant donation-
 
 
    (a) on behalf of himself and one or more other persons, or
 
    (b) on behalf of two or more other persons,
  then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of not less than £50 shall be treated as if it were a separate donation received from that person.
 
      (4) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate (or as the case may be) his election agent is given-
 
 
    (a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 9(1)(c) below; and
 
    (b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 9(1)(a) below.
      (5) Where-
 
 
    (a) any person ("the agent") causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person ("the donor"), and
 
    (b) the amount of the donation is not less than £50,
  the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 9(1)(c) below.
 
      (6) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraphs (4) or (5) above.
 
      (7) A person guilty of an offence under sub-paragraph (7) shall be liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);
 
    (b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).
 
Acceptance or return of donations
     6. - (1) Sections 51 to 55 of the 2000 Act shall apply for the purposes of this Schedule in relation to a candidate or (as the case may be) his election agent and any relevant donation received by him as they apply in relation to a registered party and any donation received by a registered party.
 
      (2) In the application of sections 51 to 55 of that Act in accordance with sub-paragraph (1)-
 
 
    (a) section 51(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 5 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 9(1)(c) below;
 
    (b) section 51(3) shall have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent; and
 
    (c) section 51(4) shall have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent.
 
Evasion of restrictions on donations
     7. Section 56 of the 2000 Act shall apply for the purposes of this Schedule as if-
 
 
    (a) any reference to donations were to relevant donations; and
 
    (b) any reference to a registered party or to the treasurer of a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent.
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 17 March 2000