Political Parties, Elections and Referendums Bill - continued        House of Lords
PART IV, CONTROL OF DONATIONS TO REGISTERED PARTIES AND THEIR MEMBERS ETC. - continued

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  CHAPTER II
  RESTRICTIONS ON DONATIONS TO REGISTERED PARTIES
 
Permissible donations
Permissible donors.     54. - (1) A donation received by a registered party must not be accepted by the party if-
 
 
    (a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or
 
    (b) the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.
      (2) For the purposes of this Part the following are permissible donors-
 
 
    (a) an individual registered in an electoral register;
 
    (b) a company-
 
      (i) registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986, and
 
      (ii) incorporated within the United Kingdom or another member State,
 
    which carries on business in the United Kingdom;
 
    (c) a registered party;
 
    (d) a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;
 
    (e) a building society (within the meaning of the Building Societies Act 1986);
 
    (f) a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;
 
    (g) a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969; and
 
    (h) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.
      (3) In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was at any time within the period of five years ending with the date of his death registered in an electoral register.
 
      (4) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a registered party by way of a 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 more than £200 shall be treated as if it were a separate donation received from that person.
 
      (5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party 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 2 of Schedule 6 to be given in respect of the donor of a recordable donation; and
 
    (b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.
      (6) Where-
 
 
    (a) any person ("the agent") causes an amount to be received by a registered party by way of a donation on behalf of another person ("the donor"), and
 
    (b) the amount of that donation is more than £200,
  the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.
 
      (7) A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).
 
      (8) In this section "electoral register" means any of the following-
 
 
    (a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the People Act 1983;
 
    (b) a register of relevant citizens of the European Union prepared under Part III of the European Parliamentary Elections (Changes to the Franchise and Qualifications of Representatives) Regulations 1994; or
 
    (c) a register of peers prepared under regulations under section 3 of the Representation of the People Act 1985.
Payments etc. which are (or are not) to be treated as donations by permissible donors.     55. - (1) The following provisions have effect for the purposes of this Part.
 
      (2) Any payment out of public funds received by a registered party shall (subject to section 52(1)(a) and (b)) be regarded as a donation received by the party from a permissible donor.
 
      (3) Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that-
 
 
    (a) the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and
 
    (b) the amount of the donation does not exceed a reasonable amount in respect of such costs.
      (4) In subsection (3) "qualifying costs", in relation to any member or officer of the party, means costs relating to that person in respect of-
 
 
    (a) travelling between the United Kingdom and the country or territory in question, or
 
    (b) travelling, accommodation or subsistence while within that country or territory.
      (5) Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.
 
      (6) But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not-
 
 
    (a) an exempt trust donation, or
 
    (b) a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are-
 
      (i) persons who at the time of its receipt by the party are permissible donors, or
 
      (ii) the members of an unincorporated association which at that time is a permissible donor,
 
    shall be regarded as a donation received by the party from a person who is not a permissible donor.
 
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Prepared 23 November 2000