Law

Political Parties, Elections and Referendums Act 2000

United Kingdom · statute

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 284 provisions
  1. Title and introductory text
  2. 1 Establishment of the Electoral Commission.
  3. 2 Speaker’s Committee.
  4. 3 Appointment of Electoral Commissioners and Commission chairman.
  5. 3A Four Electoral Commissioners to be persons put forward by parties
  6. 4 Parliamentary Parties Panel.
  7. 4A Strategy and policy statement
  8. 4B Duties in relation to statement
  9. 4C Consultation and procedural requirements
  10. 4D 5-yearly review and designation of statement
  11. 4E Power to revise statement
  12. 5 Reports on elections, referendums etc.
  13. 5A Further provision about reports on Welsh elections
  14. 6 Reviews of electoral and political matters.
  15. 6ZA Reviews of electoral and political matters: devolved Scottish elections
  16. 6ZA Reviews of devolved electoral matters in Wales
  17. 6A Attendance of representatives of Commission at elections etc.
  18. 6B Observation of working practices by representatives of Commission
  19. 6C Accredited observers: individuals
  20. 6D Accredited observers: organisations
  21. 6E Attendance and conduct of observers
  22. 6F Code of practice on attendance of observers at elections etc.
  23. 6G Code of practice on attendance of observers at Scottish Parliamentary elections and local government elections in Scotland
  24. 6G Code of practice on attendance of observers at devolved elections in Wales
  25. 6H Code of practice on expenditure of candidates at Scottish parliamentary elections
  26. 7 Commission to be consulted on changes to electoral law.
  27. 8 Powers with respect to elections exercisable only on Commission recommendation.
  28. 9 Involvement of Commission in changes in electoral procedures.
  29. 9A Setting of performance standards
  30. 9AA Performance standards for devolved elections and referendums in Wales
  31. 9AA Setting performance standards: devolved Scottish elections
  32. 9B Returns and reports on performance standards
  33. 9C Provision of information about expenditure on elections etc.
  34. 10 Giving of advice and assistance.
  35. 11 Broadcasters to have regard to Commission’s views on party political broadcasts.
  36. 12 Policy development grants.
  37. 13 Education about electoral and democratic systems.
  38. 13A Reimbursement of costs by Scottish Ministers etc.
  39. 13ZA Examination of duty to have regard to strategy and policy statement
  40. 14 Boundary committees.
  41. 15 Deputy Electoral Commissioners.
  42. 16 Transfer of functions of Boundary Commissions.
  43. 18 Transfer of functions of Local Government Commission for England.
  44. 19 Transfer of functions of Local Government Boundary Commission for Scotland.
  45. 20 Transfer of functions of Local Government Boundary Commission for Wales.
  46. 20A Commission as CORE keeper
  47. 21 Interpretation of Part I.
  48. 22 Parties to be registered in order to field candidates at elections.
  49. 23 The new registers.
  50. 24 Office-holders to be registered.
  51. 25 Parties with campaigns officers.
  52. 26 Financial structure of registered party: adoption of scheme.
  53. 27 Financial structure of registered party: accounting units.
  54. 28 Registration of parties.
  55. 28A Descriptions
  56. 28B Joint descriptions
  57. 29 Emblems.
  58. 30 Changes to the register.
  59. 31 Notification of changes in party’s officers etc.
  60. 32 Confirmation of registered particulars etc.
  61. 33 Party ceasing to be registered.
  62. 34 Registration of minor parties.
  63. 35 Request by Secretary of State.
  64. 36 Assistance by Commission for existing registered parties.
  65. 37 Party political broadcasts.
  66. 38 Amendment of parliamentary elections rules.
  67. 39 False statements: offence.
  68. 40 Interpretation of Part II.
  69. 41 Duty to keep accounting records.
  70. 42 Annual statements of accounts.
  71. 43 Annual audits.
  72. 44 Supplementary provisions about auditors.
  73. 45 Delivery of statements of accounts etc. to Commission.
  74. 46 Public inspection of parties’ statements of accounts.
  75. 47 Criminal penalty for failure to submit proper statement of accounts.
  76. 48 Revision of defective statements of accounts.
  77. 49 Division of responsibilities in case of party with accounting units.
  78. 50 Donations for purposes of Part IV.
  79. 51 Sponsorship.
  80. 52 Payments, services etc. not to be regarded as donations.
  81. 53 Value of donations.
  82. 54 Permissible donors.
  83. 55 Payments etc. which are (or are not) to be treated as donations by permissible donors.
  84. 56 Acceptance or return of donations: general.
  85. 57 Return of donations where donor unidentifiable.
  86. 57A Additional limit on Gibraltar donations to UK parties
  87. 58 Forfeiture of donations made by impermissible or unidentifiable donors.
  88. 59 Appeal against order under section 58.
  89. 60 Supplementary provisions about orders under section 58.
  90. 61 Offences concerned with evasion of restrictions on donations.
  91. 62 Quarterly donation reports.
  92. 62A Exemption from requirement to prepare quarterly reports
  93. 63 Weekly donation reports during general election periods.
  94. 64 Exemptions from section 63.
  95. 65 Submission of donation reports to Commission.
  96. 66 Declaration by treasurer in donation report.
  97. 67 Weekly donation reports in connection with elections other than general elections.
  98. 68 Reporting of multiple small donations.
  99. 69 Register of recordable donations.
  100. 70 Special provision for Northern Ireland parties.
  101. 71 Control of donations to individuals and members associations.
  102. 71A Introduction
  103. 71B Extension of categories of permissible donors in relation to Northern Ireland recipients
  104. 71C Northern Ireland recipients not permissible donors in relation to Great Britain
  105. 71D Duty to verify donation reports
  106. 71E Duty not to disclose contents of donation reports
  107. 71F Regulated transactions
  108. 71G Valuation of regulated transaction
  109. 71GA Prohibition on increase in value of Gibraltar regulated transaction following European parliamentary election
  110. 71H Authorised participants
  111. 71HA Financial limit on Gibraltar donations and Gibraltar regulated transactions
  112. 71I Regulated transaction involving unauthorised participant
  113. 71J Guarantees and securities: unauthorised participants
  114. 71K Transfer to unauthorised participant invalid
  115. 71L Offences relating to regulated transactions
  116. 71M Quarterly reports of regulated transactions
  117. 71N Changes to be recorded in quarterly reports
  118. 71O Existing transactions
  119. 71P Exemption from requirement to prepare quarterly reports
  120. 71Q Weekly transaction reports during general election periods
  121. 71R Exemptions from section 71Q
  122. 71S Submission of transaction reports to Commission
  123. 71T Declaration by treasurer in transaction report
  124. 71U Weekly donation reports in connection with elections other than general elections
  125. 71V Register of recordable transactions
  126. 71W Proceedings under sections 71I and 71S
  127. 71X Construction of Part 4A
  128. 71Y Control of loans etc: individuals and members associations
  129. 71Z Introduction
  130. 71Z1 Extension of categories of authorised participants in relation to Northern Ireland participants
  131. 71Z2 Northern Ireland participants are not authorised participants in relation to Great Britain
  132. 71Z3 Duty to verify transaction reports
  133. 71Z4 Duty not to disclose contents of transaction reports
  134. 72 Campaign expenditure.
  135. 72A Campaign expenditure: power of Scottish Ministers
  136. 73 Notional campaign expenditure.
  137. 74 Officers of registered party with responsibility for campaign expenditure.
  138. 75 Restriction on incurring campaign expenditure.
  139. 76 Restriction on payments in respect of campaign expenditure.
  140. 77 Restriction on making claims in respect of campaign expenditure.
  141. 78 Disputed claims.
  142. 79 Limits on campaign expenditure.
  143. 80 Returns as to campaign expenditure.
  144. 81 Auditor’s report on return.
  145. 82 Delivery of returns to the Commission.
  146. 83 Declaration by treasurer as to return under section 80.
  147. 84 Public inspection of returns under section 80.
  148. 85 Controlled expenditure by third parties.
  149. 85A Controlled expenditure of third parties: power of Scottish Ministers
  150. 86 Notional controlled expenditure.
  151. 87 Expenditure by third parties which is not controlled expenditure.
  152. 88 Third parties recognised for the purposes of this Part.
  153. 89 Register of notifications for purposes of section 88.
  154. 89A Restriction on which third parties may incur controlled expenditure
  155. 89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections
  156. 90 Restriction on incurring controlled expenditure.
  157. 91 Restriction on payments in respect of controlled expenditure.
  158. 92 Restriction on making claims in respect of controlled expenditure.
  159. 93 Disputed claims.
  160. 94 Limits on controlled expenditure by third parties.
  161. 94A Arrangements between third parties notified to the Commission
  162. 94B Effect where arrangements are notified under section 94A
  163. 94C Overview of sections 94D to 94H
  164. 94D Meaning of “targeted”, “targeted expenditure limit” etc
  165. 94E Unauthorised expenditure in excess of targeted expenditure limit
  166. 94F Authorised expenditure in excess of targeted expenditure limit
  167. 94G Authorisation
  168. 94H Expenditure that “exceeds” a targeted expenditure limit or cap
  169. 95 Control of donations to recognised third parties.
  170. 95ZA Control of donation to recognised third parties: power of Scottish Ministers
  171. 95A Quarterly donation reports
  172. 95B Weekly donation reports during general election periods
  173. 95C Related offences
  174. 95D Forfeiture
  175. 95E Sections 95A to 95D: supplementary
  176. 95F Public inspection of reports
  177. 96 Returns as to controlled expenditure.
  178. 96A Statement of accounts
  179. 97 Auditor’s report on return or statement of accounts .
  180. 98 Delivery of returns to the Commission.
  181. 99 Declaration by responsible person as to return under section 96.
  182. 99A Declaration by responsible person as to statement of accounts under section 96A
  183. 100 Public inspection of returns under section 96.
  184. 100A Code of practice on controlled expenditure
  185. 100AA Code of practice on controlled expenditure: Scottish Parliament elections
  186. 100B Code of practice: consultation and procedural requirements
  187. 100BA Code of Practice on controlled expenditure for Scottish Parliament elections: consultation and procedural requirements
  188. 100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections
  189. 101 Referendums to which this Part applies.
  190. 102 Referendum period.
  191. 103 Date of poll.
  192. 104 Referendum questions.
  193. 105 Permitted participants.
  194. 106 Declarations and notifications for purposes of section 105.
  195. 107 Register of declarations and notifications for purposes of section 105.
  196. 108 Designation of organisations to whom assistance is available.
  197. 109 Applications for designation under section 108.
  198. 110 Assistance available to designated organisations.
  199. 111 Referendum expenses.
  200. 112 Notional referendum expenses.
  201. 113 Restriction on incurring referendum expenses.
  202. 114 Restriction on payments in respect of referendum expenses.
  203. 115 Restriction on making claims in respect of referendum expenses.
  204. 116 Disputed claims.
  205. 117 General restriction on referendum expenses.
  206. 118 Special restrictions on referendum expenses by permitted participants.
  207. 119 Control of donations to permitted participants.
  208. 120 Returns as to referendum expenses.
  209. 121 Auditor’s report on return.
  210. 122 Delivery of returns to Commission.
  211. 123 Declaration of responsible person as to return under section 120.
  212. 124 Public inspection of returns under section 120.
  213. 125 Restriction on publication etc. of promotional material by central and local government etc.
  214. 126 Details to appear on referendum material.
  215. 127 Referendum campaign broadcasts.
  216. 128 Chief Counting Officers, and counting officers, for referendums.
  217. 129 Orders regulating conduct of referendums.
  218. 130 Control of donations to candidates.
  219. 131 Election expenses incurred otherwise than by candidate.
  220. 132 Financial limits applying to candidates’ election expenses.
  221. 133 Power to vary provisions about election expenses.
  222. 134 Meaning of “election expenses”.
  223. 135 Meaning of “candidate”.
  224. 136 Corrupt and illegal practices: consequences for persons convicted of such practices.
  225. 137 Corrupt and illegal practices: election petitions etc.
  226. 138 Election campaigns and proceedings: miscellaneous amendments.
  227. 139 Control of political donations by companies.
  228. 140 Disclosure of political donations and expenditure in directors’ report.
  229. 140A Reports of gifts received by unincorporated associations
  230. 141 Reduction of qualifying period for overseas electors.
  231. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  232. 143 Details to appear on election material.
  233. 143A Meaning of “election material”
  234. 144 Broadcasting of local items during election period.
  235. 145 Duties of Commission with respect to ... compliance with controls imposed by the Act etc.
  236. 146 Investigatory powers of Commission
  237. 147 Civil sanctions
  238. 148 General offences.
  239. 149 Inspection of Commission’s registers etc.
  240. 149A Inspection of Commission’s registers etc.: Northern Ireland
  241. 150 Punishment of offences.
  242. 151 Summary proceedings.
  243. 152 Offences committed by bodies corporate.
  244. 153 Offences committed by unincorporated associations.
  245. 154 Duty of court to report convictions to Commission.
  246. 155 Power to vary specified sums or percentages .
  247. 156 Orders and regulations.
  248. 157 Documents for purposes of the Act.
  249. 158 Minor and consequential amendments and repeals.
  250. 159 Financial provisions.
  251. 159A Functions of the Minister for the Cabinet Office
  252. 160 General interpretation.
  253. 161 Interpretation: donations.
  254. 162 Interpretation: exempt trust donations.
  255. 163 Short title, commencement, transitional provisions and extent.
  256. SCHEDULE 1 The Electoral Commission
  257. SCHEDULE 2 The Speaker’s Committee
  258. SCHEDULE 4 Applications under Part II
  259. SCHEDULE 5 Accounting units: application of accounting requirements
  260. SCHEDULE 6 Details to be given in donation reports
  261. SCHEDULE 6A Details to be given in transaction reports
  262. SCHEDULE 7 Control of donations to individuals and members associations
  263. SCHEDULE 7A Control of loans etc to individuals and members associations
  264. SCHEDULE 8 Campaign expenditure: qualifying expenses
  265. SCHEDULE 8A Controlled expenditure: qualifying expenses
  266. SCHEDULE 9 Limits on campaign expenditure
  267. SCHEDULE 10 Limits on controlled expenditure
  268. SCHEDULE 11 Control of donations to recognised third parties
  269. SCHEDULE 11A Requirements of quarterly and weekly donation reports
  270. SCHEDULE 12 Assistance available to designated organisations
  271. SCHEDULE 13 Referendum expenses: qualifying expenses
  272. SCHEDULE 14
  273. SCHEDULE 15 Control of donations to permitted participants
  274. SCHEDULE 16 Control of donations to candidates: New Schedule 2A to the Representation of the People Act 1983
  275. SCHEDULE 17 Amendments relating to election petitions
  276. SCHEDULE 18 Election campaigns and proceedings: miscellaneous amendments
  277. SCHEDULE 19
  278. SCHEDULE 19A Reports of gifts received by unincorporated associations making political contributions
  279. SCHEDULE 19B Investigatory powers of Commission
  280. SCHEDULE 19C Civil sanctions
  281. SCHEDULE 20 Penalties
  282. SCHEDULE 21 Minor and consequential amendments
  283. SCHEDULE 22 Repeals
  284. SCHEDULE 23 Transitional provisions

Proposed changes to this act

No one has proposed a change to this act yet.

284 provisions

53 Value of donations.

(1) The value of any donation falling within section 50(2)(a) (other than money) shall be taken to be the market value of the property in question. (2) Where, however, section 50(2)(a) applies by virtue of section 50(3), 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 total value in monetary terms of the consideration provided by or on behalf of the party. (3) The value of any donation falling within section 50(2)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section 51(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded. (4) The value of any donation falling within section 50(2)(f) shall be taken to be the amount representing the difference between— (a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of . . . the provision of the property, services or facilities if— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) the property, services or facilities had been provided, on commercial terms, and (b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party. (5) Subsection (6) applies where a donation such as is mentioned in subsection (3) confers an enduring benefit on the party during the whole or part of— (a) any period for which a report is to be prepared under this Part, or (b) two or more such periods. (6) In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of the period to which the report relates.

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54 Permissible donors.

(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 2006, and (ii) incorporated within the United Kingdom ..., 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 . . . which carries on business in the United Kingdom; (g) a friendly society registered under the Friendly Societies Act 1974 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under 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. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 £500 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 or 2A 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 £500 , 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 or 2A 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 ...— (a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the People Act 1983; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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55 Payments etc. which are (or are not) to be treated as donations by permissible donors.

(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)(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. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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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56 Acceptance or return of donations: general.

(1) Where— (a) a donation is received by a registered party, and (b) it is not immediately decided that the party should (for whatever reason) refuse the donation, all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 or 2A of Schedule 6 to be given in respect of the donor of a recordable donation. (2) If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then— (a) unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf, (b) if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation, within the period of 30 days beginning with the date when the donation is received by the party. (3) Where— (a) subsection (2)(a) applies in relation to a donation, and (b) the donation is not dealt with in accordance with that provision, the party and the treasurer of the party are each guilty of an offence. (3A) Where a party or its treasurer is charged with an offence under subsection (3), it shall be a defence to prove that— (a) all reasonable steps were taken by or on behalf of the party to verify (or ascertain) whether the donor was a permissible donor, and (b) as a result, the treasurer believed the donor to be a permissible donor. (4) Where— (a) subsection (2)(b) applies in relation to a donation, and (b) the donation is not dealt with in accordance with that provision, the treasurer of the party is guilty of an offence. (5) For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless— (a) the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and (b) a record can be produced of the receipt of the donation and— (i) of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or (ii) of the required steps being taken in relation to the donation as mentioned in subsection (2)(b), as the case may be. (6) Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.

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57 Return of donations where donor unidentifiable.

(1) For the purposes of section 56(2)(b) the required steps are as follows— (a) if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person; (b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and (c) in any other case, to send the donation to the Commission. (2) In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body. (3) Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.

Propose a change

57A Additional limit on Gibraltar donations to UK parties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

58 Forfeiture of donations made by impermissible or unidentifiable donors.

(1) This section applies to any donation received by a registered party— (a) which, by virtue of section 54(1)(a) or (b), the party are prohibited from accepting, but (b) which has been accepted by the party. (2) The court may, on an application made by the Commission, order the forfeiture by the party of an amount equal to the value of the donation. (3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings. (4) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation. (5) In this section “the court” means— (a) in relation to England and Wales, a magistrates’ court; (b) in relation to Scotland, the sheriff; and (c) in relation to Northern Ireland, a court of summary jurisdiction; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and proceedings on an application under this section to the sheriff shall be civil proceedings.

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59 Appeal against order under section 58.

(1) Subsection (2) applies where an order (“the forfeiture order”) is made under section 58 by a magistrates’ court or a court of summary jurisdiction in Northern Ireland. (2) The registered party may, before the end of the period of 30 days beginning with the date on which the forfeiture order is made, appeal to the Crown Court or, in Northern Ireland, to a county court. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An appeal under subsection (2) shall be by way of a rehearing; and the court hearing such an appeal may make such order as it considers appropriate. (4) Subsections (3) and (4) of section 58 apply in relation to a rehearing on an appeal under subsection (2) as they apply in relation to proceedings under that section. (5) Where an order is made under section 58 by the sheriff, the registered party may appeal against the order to the Court of Session.

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60 Supplementary provisions about orders under section 58.

(1) Provision may be made by rules of court— (a) with respect to applications or appeals to any court under section 58 or 59, (b) for the giving of notice of such applications or appeals to persons affected, (c) for the joinder, or in Scotland sisting, of such persons as parties, and generally with respect to the procedure under those sections before any court. (2) Subsection (1) is without prejudice to the generality of any existing power to make rules. (3) Any amount forfeited by an order under section 58 or 59 shall be paid into the Consolidated Fund. (4) Subsection (3) does not apply— (a) where an appeal is made under section 59(2) or (5), before the appeal is determined or otherwise disposed of; and (b) in any other case— (i) where the forfeiture was ordered by a magistrates’ court or a court of summary jurisdiction in Northern Ireland ..., before the end of the period of 30 days mentioned in section 59(2); or (ii) where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 59(5) must be made. (5) In the case of a registered party which is not a body corporate— (a) proceedings under section 58 or 59 shall be brought against or by the party in its own name (and not in that of any of its members); (b) for the purposes of any such proceedings any rules of court relating to the service of documents apply as if the party were a body corporate; and (c) any amount forfeited by an order under section 58 or 59 shall be paid out of the funds of the party.

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61 Offences concerned with evasion of restrictions on donations.

(1) A person commits an offence if he— (a) knowingly enters into, or (b) knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a registered party by any person or body other than a permissible donor. (2) A person commits an offence if— (a) he knowingly gives the treasurer of a registered party any information relating to— (i) the amount of any donation made to the party, or (ii) the person or body making such a donation, which is false in a material particular; or (b) with intent to deceive, he withholds from the treasurer of a registered party any material information relating to a matter within paragraph (a)(i) or (ii).

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62 Quarterly donation reports.

(1) The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods— (a) January to March; (b) April to June; (c) July to September; (d) October to December. (2) In this section— “donation report” means a report prepared under subsection (1); “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates. (3) The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”. (3A) “Relevant benefit”, in relation to any person and any year, means— (a) a relevant donation accepted by the party from that person as a donor, or (b) a relevant transaction within the meaning of section 71M(3) entered into by the party and that person as a participant, and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction). (4) Where no previous relevant benefit or benefits has or have been required to be recorded under this subsection or section 71M(4), a relevant donation must be recorded— (a) if it is a donation of more than £11,180, or (b) if, when it is added to any other relevant benefit or benefits, the aggregate amount of the benefits is more than £11,180. (5) A donation to which subsection (4) applies must— (a) (if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or (b) (if within paragraph (b) of that subsection) be recorded (together with any other relevant donation or donations included in the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the benefit which causes that aggregate amount to be more than £11,180 accrues. (6) Where any previous relevant benefit or benefits has or have been required to be recorded under subsection (4) or section 71M(4), a relevant donation must be recorded at the point when there has or have been accepted— (a) since the benefit or benefits required to be recorded under that provision, or (b) if any relevant benefit or benefits has or have previously been required to be recorded under this subsection or section 71M(6), since the benefit or benefits last required to be so recorded, any relevant donation falling within subsection (6A). (6A) A relevant donation falls within this subsection— (a) if it is a donation of more than £2,230, or (b) if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than £2,230. (7) A donation to which subsection (6) applies on any occasion must— (a) if it is the only benefit required to be recorded on that occasion, be recorded in the donation report for the reporting period in which it is accepted, or (b) in any other case be recorded (together with any other relevant donation or donations included in the aggregate amount mentioned in subsection (6A)) in the donation report for the reporting period in which the benefit which causes that aggregate amount to be more than £2,230 accrues. (8) For the purposes of subsections (4) to (7) as they apply in relation to any year— (a) each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and (b) each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year; and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report. (9) A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2). (10) If during any reporting period— (a) no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and (b) no donations have been dealt with as mentioned in subsection (9), the report shall contain a statement to that effect. (11) Where a registered party is a party with accounting units, subsections (3) to (10) shall apply separately in relation to the central organisation of the party and each of its accounting units— (a) as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but (b) with the substitution, in relation to such an accounting unit, of “£2,230” for “£11,180” in each place where it occurs in subsections (4) and (5). (12) However, for the purposes of subsections (3) to (7) in their application in relation to the central organisation and any year by virtue of subsection (11), any donation— (a) which is accepted from a permissible donor by any of the accounting units during that year, but (b) which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a donation accepted by the accounting unit, shall be treated as a donation accepted from the donor during that year by the central organisation. (13) Schedule 6 has effect with respect to the information to be given in donation reports.

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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.

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63 Weekly donation reports during general election periods.

(1) Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods— (a) the period of seven days beginning with the first day of the general election period; (b) each succeeding period of seven days falling within the general election period; and (c) any final period of less than seven days falling within that period. (2) In this section— “weekly report” means a report prepared under subsection (1); “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates. (3) The weekly report for any reporting period shall record each donation of more than £11,180 received during that period— (a) by the party (if it is not a party with accounting units); or (b) by the central organisation of the party (if it is a party with accounting units). (4) If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect. (5) Schedule 6 has effect with respect to the information to be given in weekly reports. (6) In this section and section 64 “general election period” means the period— (a) beginning with the date on which Parliament is dissolved ... for a parliamentary general election, and (b) ending with the date of the poll.

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64 Exemptions from section 63.

(1) Section 63(1) shall not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration which covers the general election in question. (2) A registered party shall be taken to have made an exemption declaration which covers a particular general election if a declaration that the party does not intend to have any candidates at that election— (a) is signed by the responsible officers of the party; and (b) is sent to the Commission within the period of seven days beginning with the date mentioned in section 63(6)(a). (3) A registered party shall also be taken to have made an exemption declaration which covers a particular general election if the party’s application for registration was accompanied by a declaration that the party was not intending to have candidates at parliamentary elections and either— (a) the poll for the general election in question takes place within the period of twelve months beginning with the date of its registration; or (b) the declaration has been confirmed in the party’s most recent notification given to the Commission under section 32 and the poll for the general election in question takes place within the period of twelve months beginning with the date when that notification was so given. (4) An exemption declaration shall, however, not cover a particular general election if the party in question withdraws its declaration by a notice— (a) signed by the responsible officers of the party, and (b) sent to the Commission, before the beginning of the general election period. (5) Where— (a) a registered party has made an exemption declaration which (apart from this subsection) would cover a particular general election, but (b) the party has one or more candidates at that election, the exemption declaration shall be treated as if it had been withdrawn at the beginning of the general election period (and the requirements of section 63 shall accordingly apply retrospectively as from the beginning of that period). (6) Subsection (3) shall apply to a party registered immediately before the date on which this section comes into force as if it referred to a declaration in the terms mentioned in that subsection having been— (a) signed by the responsible officers of the party, and (b) sent to the Commission within the period of six weeks beginning with that date. (7) For the purposes of this section “the responsible officers” are— (a) the registered leader; (b) the registered nominating officer; and (c) where the leader and the nominating officer are the same person, any other registered officer. (8) If any responsible officer is unable to sign a declaration or notice for the purposes of any provision of this section— (a) the holder of some other office in the party may sign in his place, and (b) the declaration or notice must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place. (9) For the purposes of this section and section 65 a registered party shall be taken to have a candidate at a general election if any statement published, in connection with the election, under rule 14 of the rules set out in Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) contains the name of a candidate standing in the name of the party.

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65 Submission of donation reports to Commission.

(1) A donation report under section 62 shall be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates. (2) A donation report under section 63 shall be delivered to the Commission by the treasurer of the party in question— (a) within the period of 7 days beginning with the end of the reporting period to which it relates; or (b) (if that is not possible in the case of any party to which section 63(1) applies by virtue of section 64(5)) within the period of 7 days beginning with the first day on which the party has a candidate at the election in question. (2A) If a donation report under section 62 or 63 states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the report must be accompanied by a copy of the evidence. (3) The treasurer of a registered party commits an offence , without reasonable excuse, if he fails to comply with the requirements of subsection (1) or (2) in relation to a donation report. (4) The treasurer of a registered party also commits an offence if , without reasonable excuse, he delivers a donation report to the Commission which does not comply with any requirements of this Part as regards the recording of donations in such a report. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to a registered party was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the party of an amount equal to the value of the donation. (7) The following provisions, namely— (a) subsections (3) to (5) of section 58, and (b) sections 59 and 60, shall apply for the purposes, or in connection with the operation, of subsection (6) above as they apply for the purposes, or in connection with the operation, of section 58. (8) Section 64(9) applies for the purposes of this section.

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66 Declaration by treasurer in donation report.

(1) Each donation report under section 62 or 63 must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4). (2) In the case of a report under section 62 (other than one making a nil return), the declaration must state that, to the best of the treasurer’s knowledge and belief— (a) all the donations recorded in the report as having been accepted by the party are from permissible donors, and (b) during the reporting period— (i) no other donations required to be recorded in the report have been accepted by the party, and (ii) no donation from any person or body other than a permissible donor has been accepted by the party. (3) For the purposes of subsection (2) a return under section 62 makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section; and in the case of such a report the declaration must state that, to the best of the treasurer’s knowledge and belief— (a) that statement is accurate; and (b) during the reporting period no donation from any person or body other than a permissible donor has been accepted by the party. (4) In the case of a report under section 63, the declaration must state that, to the best of the treasurer’s knowledge and belief, no donations have been received by the party, or (if section 63(3)(b) applies) by its central organisation, during the reporting period which— (a) are required to be recorded in the report, but (b) are not so recorded. (5) A person commits an offence if he knowingly or recklessly makes a false declaration under this section.

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67 Weekly donation reports in connection with elections other than general elections.

(1) The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for— (a) sections 63 and 64, together with Schedule 6, (b) sections 65 and 66, and (c) section 147 so far as applying in relation to section 65(1) or (2), to apply in relation to the specified election period in the case of one or more relevant elections with such modifications as are specified in the order. (2) In this section— (a) “specified election period”, in relation to a relevant election, means such period ending with the date of the poll for the election as may be specified in an order under subsection (1); (b) “relevant election” means— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) an election to the Scottish Parliament; (iii) an election to Senedd Cymru; ... (iv) an election to the Northern Ireland Assembly; or (v) an election of a police and crime commissioner.

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68 Reporting of multiple small donations.

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69 Register of recordable donations.

(1) The Commission shall maintain a register of all donations reported to them under this Chapter. (2) The register shall be maintained by the Commission in such form as they may determine and shall contain the following details in the case of each such donation— (a) the amount or value of the donation; (aa) whether the donation is in the form of sponsorship (within the meaning of section 51); (b) (subject to subsection (4)) such other details as have been given in relation to the donation in pursuance of paragraph 2, 2A, 3, 3A, 6 or 7(a) or (c) of Schedule 6; and (c) the relevant date for the donation within the meaning of paragraph 5 of that Schedule, and (in the case of a donation falling within sub-paragraph (2) of that paragraph) the details given in pursuance of that sub-paragraph. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The details required by virtue of subsection (2) . . . do not include, in the case of any donation by an individual, the donor’s address. (5) Where any donation or donations is or are reported to the Commission under this Chapter, they shall cause the details mentioned in subsection (2) . . . to be entered in the register in respect of the donation or donations as soon as is reasonably practicable.

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70 Special provision for Northern Ireland parties.

(1) The Secretary of State may by order make provision— (a) for extending— (i) in relation to a Northern Ireland party, and (ii) for such period as is specified, the categories of permissible donors specified in section 54(2); (b) for disapplying any specified provisions of this Part, for such period as is specified, in relation to a Northern Ireland party. (2) An order under subsection (1) may provide for any specified provisions of this Part to apply, in connection with any provision made by the order in pursuance of paragraph (a) or (b) of that subsection, with such modifications as may be specified. (3) Each order under subsection (1) shall be so made as to— (a) apply to every Northern Ireland party, and (b) make the same provision with respect to every such party. (4) Any period specified in an order under subsection (1)(a) or (b) must end not later than four years after the date on which the order comes into force, but this is without prejudice to the making (on one or more occasions) of a further such order which— (a) extends that period for a period ending not later than four years after the date on which the further order comes into force, or (b) specifies a fresh such period. (5) Where— (a) at a time when any order is in force under subsection (1) a donation is received by a registered party which is registered in the Great Britain register, and (b) the order provides for this subsection to apply to any such donation, section 54(2)(c) shall have effect in relation to the donation as if it referred only to a registered party which is registered in that register. (6) In this section— “Northern Ireland party” means a party registered in the Northern Ireland register; “specified” means specified in an order under subsection (1).

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71 Control of donations to individuals and members associations.

Schedule 7, which makes provision for controlling donations to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.

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71A Introduction

(1) The following provisions have effect for the interpretation of this Chapter. (2) “Northern Ireland recipient” means— (a) a party registered in the Northern Ireland register, or (b) a regulated donee who is— (i) an individual ordinarily resident in Northern Ireland, or (ii) a members association wholly or mainly consisting of members of a Northern Ireland party. (3) “Regulated donee” and “members association” have the same meaning as in Schedule 7. (4) “Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.

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71B Extension of categories of permissible donors in relation to Northern Ireland recipients

(1) In relation to a donation to a Northern Ireland recipient, section 54(2) has effect as if the following were also permissible donors— (a) an Irish citizen in relation to whom any prescribed conditions are met; (b) a body which is of a prescribed description or category and in relation to which any prescribed conditions are met. (2) A description or category of body must not be prescribed for the purposes of subsection (1)(b) unless the Secretary of State is satisfied that a body of that description or category would be entitled under Irish law to donate to an Irish political party. (3) In relation to a donation in the form of a bequest subsection (1)(a) is to be read as referring to an individual— (a) who at any time within the period of five years ending with the date of his death was an Irish citizen, and (b) in relation to whom, at the time of his death, any prescribed conditions were met.

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71C Northern Ireland recipients not permissible donors in relation to Great Britain

(1) In relation to a donation received by— (a) a registered party which is registered in the Great Britain register, or (b) a regulated donee resident or carrying on activities in Great Britain, section 54(2) has effect as if it did not include a party registered in the Northern Ireland register. (2) The reference in subsection (1)(b) to Great Britain includes the combined region.

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71D Duty to verify donation reports

(1) The Commission must take such steps as are prescribed for the purpose of verifying the information given in Northern Ireland reports. (2) “Northern Ireland report” means a report to the Commission which— (a) is prepared by a Northern Ireland recipient, and (b) contains, or purports to contain, information required to be given by Schedule 6 or 7.

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71E Duty not to disclose contents of donation reports

(A1) Subject to subsection (A2), this section applies only to a donation received by a Northern Ireland recipient before 1 July 2017. (A2) This section does not apply to a donation received before 1 July 2017 which is required to be recorded in a report— (a) under section 62 in respect of a period beginning on or after 1 July 2017 because the donation is required by that section to be aggregated with a donation received or transaction entered into on or after that date, or (b) under paragraph 10 of Schedule 7 delivered on or after 1 July 2017 because the donation is required by that paragraph to be aggregated with a donation received or a transaction entered into on or after that date. (1) A person who is or has been a member or employee of the Commission must not disclose any information which— (a) relates to a donation to which this section applies , and (b) has been obtained by the Commission in the exercise of their functions under this Part, except in the following cases. (2) Such information may be disclosed, for the purpose of verifying information given in a Northern Ireland report,— (a) to a member or employee of the Commission, or (b) to such bodies as may be prescribed. (3) Such information may be disclosed for the purposes of any criminal or civil proceedings. (4) Such information may be disclosed in accordance with any prescribed requirements if it relates to a donation which the Commission believe, on reasonable grounds, was a donation required to be dealt with in accordance with section 56(2) (donations from impermissible and unidentifiable donors). (4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that— (a) the relevant person has consented to the disclosure, and (b) the consent was given in accordance with any prescribed requirements. (4B) “The relevant person” means the person who made the donation to which the information relates. (5) A person who contravenes subsection (1) is guilty of an offence. (6) A person does not contravene subsection (1) if that person discloses information relating to a donation to which this section applies where— (a) the donation was received on or after 1 January 2014 but before 1 July 2017, (b) the Northern Ireland report recording the donation does not state that the donation was received before 1 July 2017, and (c) when the disclosure is made, the person believes that the donation was received on or after 1 July 2017 and is reasonably entitled to hold that belief. (7) A person does not contravene subsection (1) merely because— (a) the person discloses information relating to a transaction within section 71Z4(A3) (duty not to disclose contents of transaction reports: change to a transaction), and (b) that disclosure suggests that a donation was received before 1 July 2017 with which the transaction has been aggregated in accordance with— (i) sections 62 (quarterly donation reports: aggregation) and 71M (quarterly reports of regulated transactions: aggregation), or (ii) paragraph 10 of Schedule 7 (donation reports: aggregation) and paragraph 9 of Schedule 7A (transactions reports: aggregation). (8) A person does not contravene subsection (1) merely because— (a) the person discloses information relating to a donation or a transaction in accordance with this section or section 71Z4, and (b) the disclosure suggests that a donation was received before 1 July 2017 as a result of which section 62(6) or 71M(6) applies in relation to the donation or transaction mentioned in paragraph (a).

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71F Regulated transactions

(1) In this Part, a reference to a regulated transaction must be construed in accordance with this section. (2) An agreement between a registered party and another person by which the other person makes a loan of money to the party is a regulated transaction. (3) An agreement between a registered party and another person by which the other person provides a credit facility to the party is a regulated transaction. (4) Where— (a) a registered party and another person (A) enter into a regulated transaction of a description mentioned in subsection (2) or (3) or a transaction under which any property, services or facilities are provided for the use or benefit of the party (including the services of any person), and (b) A also enters into an arrangement whereby another person (B) gives any form of security (whether real or personal) for a sum owed to A by the party under the transaction mentioned in paragraph (a), the arrangement is a regulated transaction. (5) An agreement or arrangement is also a regulated transaction if— (a) the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of subsection (2), (3) or (4), but (b) the terms are subsequently varied in such a way that the agreement or arrangement becomes a regulated transaction. (6) References in subsections (2) and (3) to a registered party include references to an officer, member, trustee or agent of the party if he makes the agreement as such. (7) References in subsection (4) to a registered party include references to an officer, member, trustee or agent of the party if the property, services or facilities are provided to him, or the sum is owed by him, as such. (8) Except so far as the contrary intention appears, references to a registered party in the context of— (a) the making of a loan to a registered party, (b) the provision of a credit facility to a registered party, or (c) a sum being owed by a registered party, must, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units. (9) A reference to a connected transaction is a reference to the transaction mentioned in subsection (4)(b). (10) In this section a reference to anything being done by or in relation to a party or a person includes a reference to its being done directly or indirectly through a third person. (11) A credit facility is an agreement whereby a registered party is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the registered party) as is specified in or determined in accordance with the agreement. (12) An agreement or arrangement is not a regulated transaction— (a) to the extent that, in accordance with any enactment, a payment made in pursuance of the agreement or arrangement falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election, or (b) if its value is not more than £500. (13) The Secretary of State may, by order, specify circumstances or any description of circumstances in which an agreement or arrangement falling within any of subsections (2) to (5) is not a regulated transaction.

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71G Valuation of regulated transaction

(1) The value of a regulated transaction which is a loan is the value of the total amount to be lent under the loan agreement. (2) The value of a regulated transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility. (3) The value of a regulated transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided. (4) For the purposes of subsections (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added.

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71GA Prohibition on increase in value of Gibraltar regulated transaction following European parliamentary election

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71H Authorised participants

(1) A registered party must not— (a) be a party to a regulated transaction to which any of the other parties is not an authorised participant; (b) derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant. (2) This section does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006. (3) In this Part, an authorised participant is a person who is a permissible donor within the meaning of section 54(2). (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may, by order, specify circumstances or any description of circumstances in which a person who is not a permissible donor is to be treated as an authorised participant.

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71HA Financial limit on Gibraltar donations and Gibraltar regulated transactions

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71I Regulated transaction involving unauthorised participant

(1) This section applies if a registered party is a party to a regulated transaction in which another participant is not an authorised participant. (2) The transaction is void. (3) Despite subsection (2)— (a) any money received by the registered party by virtue of the transaction must be repaid by the treasurer of the party to the person from whom it was received, along with interest at such rate as is determined in accordance with an order made by the Secretary of State; (b) that person is entitled to recover the money, along with such interest. (4) If— (a) the money is not (for whatever reason) repaid as mentioned in subsection (3)(a), or (b) the person entitled to recover the money refuses or fails to do so, the Commission may apply to the court to make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. (5) An order under subsection (4) may in particular— (a) where the transaction is a loan or credit facility, require that any amount owed by the registered party be repaid (and that no further sums be advanced under it); (b) where any form of security is given for a sum owed under the transaction, require that security to be discharged. (6) In the case of a regulated transaction where a party other than a registered party— (a) at the time the registered party enters into the transaction, is an authorised participant, but (b) subsequently, for whatever reason, ceases to be an authorised participant, the transaction is void and subsections (3) to (5) apply with effect from the time when the other party ceased to be an authorised participant. (7) This section does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

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71J Guarantees and securities: unauthorised participants

(1) This section applies if— (a) a registered party and another person (A) enter into a transaction of a description mentioned in section 71F(4)(a), (b) A is party to a regulated transaction of a description mentioned in section 71F(4)(b) (“the connected transaction”) with another person (B), and (c) B is not an authorised participant. (2) Section 71I(2) to (5) applies to the transaction mentioned in subsection (1)(a). (3) The connected transaction is void. (4) Subsection (5) applies if (but only if) A is unable to recover from the party the whole of the money mentioned in section 71I(3)(a) (as applied by subsection (2) above), along with such interest as is there mentioned. (5) Despite subsection (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the party. (6) Subsection (5) does not entitle A to recover more than the contingent liability under the security provided by virtue of the connected transaction. (7) In the case of a connected transaction where B— (a) at the time A enters into the transaction, is an authorised participant, but (b) subsequently, for whatever reason, ceases to be an authorised participant, subsections (2) to (6) apply with effect from the time when B ceased to be an authorised participant. (8) This section does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006. (9) If the transaction mentioned in section 71F(4)(a) is not a regulated transaction of a description mentioned in section 71F(2) or (3), references in this section and section 71I(2) to (5) (as applied by subsection (2) above) to the repayment or recovery of money must be construed as references to (as the case may be)— (a) the return or recovery of any property provided under the transaction, (b) to the extent that such property is incapable of being returned or recovered or its market value has diminished since the time the transaction was entered into, the repayment or recovery of the market value at that time, or (c) the market value (at that time) of any facilities or services provided under the transaction.

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71K Transfer to unauthorised participant invalid

If an authorised participant purports to transfer his interest in a regulated transaction to a person who is not an authorised participant the purported transfer is of no effect.

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71L Offences relating to regulated transactions

(1) A registered party commits an offence if— (a) it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and (b) an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a). (2) A person commits an offence if— (a) he is the treasurer of a registered party, (b) the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and (c) he knew or ought reasonably to have known of the matters mentioned in paragraph (b). (3) A registered party commits an offence if— (a) it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, (b) no officer of the party knew or ought reasonably to have known that the other participant is not an authorised participant, and (c) as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the treasurer of the party he fails to take all reasonable steps to repay any money which the party has received by virtue of the transaction. (4) A person who is the treasurer of a registered party commits an offence if— (a) the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, (b) subsection (2)(c) does not apply to him, and (c) as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to him he fails to take all reasonable steps to repay any money which the party has received by virtue of the transaction. (5) A registered party commits an offence if— (a) it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and (b) an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a). (6) A person commits an offence if— (a) he is the treasurer of a registered party, (b) the party benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and (c) he knew or ought reasonably to have known of the matters mentioned in paragraph (b). (7) A registered party commits an offence if— (a) it is a party to a transaction of a description mentioned in section 71F(4)(a), (b) it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, (c) no officer of the party knew or ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and (d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the treasurer of the party he fails to take all reasonable steps to pay to any person who has provided the party with any benefit in consequence of the connected transaction the value of the benefit. (8) A person who is the treasurer of a registered party commits an offence if— (a) the party is a party to a transaction of a description mentioned in section 71F(4)(a), (b) the party benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, (c) subsection (6)(c) does not apply to him, and (d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to him he fails to take all reasonable steps to pay to any person who has provided the party with any benefit in consequence of the connected transaction the value of the benefit. (9) A person commits an offence if he— (a) knowingly enters into, or (b) knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a registered party in a regulated transaction with a person other than an authorised participant. (10) It is a defence for a person charged with an offence under subsection (2) to prove that he took all reasonable steps to prevent the registered party entering the transaction. (11) It is a defence for a person charged with an offence under subsection (6) to prove that he took all reasonable steps to prevent the registered party benefiting in consequence of the connected transaction. (12) A reference to a registered party entering into a regulated transaction includes a reference to any circumstances in which the terms of a regulated transaction are varied so as to increase the amount of money to which the party is entitled in consequence of the transaction. (13) A reference to a registered party entering into a transaction in which another participant is not an authorised participant includes a reference to any circumstances in which another party to the transaction who is an authorised participant ceases (for whatever reason) to be an authorised participant. (14) This section does not apply to a transaction which is entered into before the commencement of section 61 of the Electoral Administration Act 2006.

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71M Quarterly reports of regulated transactions

(1) The treasurer of a registered party must, in the case of each year, prepare a report under this subsection in respect of each of the following periods— (a) January to March; (b) April to June; (c) July to September; (d) October to December. (2) The reports prepared under subsection (1) for any year must, in the case of each authorised participant who enters into or is party to a regulated transaction with the party in that year, comply with— (a) the following provisions of this section so far as they require any such transaction to be recorded in such a report; (b) section 71N so far as it requires any changes in relation to any such transaction to be so recorded. (3) In this section— “transaction report” means a report prepared under subsection (1); “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates; “relevant transaction”, in relation to an authorised participant and a year, means a regulated transaction entered into by the participant and the registered party in that year; “relevant benefit”, in relation to any person and any year, means— a relevant donation within the meaning of section 62(3) accepted by the party from that person as a donor, or a relevant transaction entered into by the party and that person as a participant, and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction). (4) Where no previous relevant benefit or benefits has or have been required to be recorded under this subsection or section 62(4), a relevant transaction must be recorded— (a) if the value of the transaction is more than £11,180, or (b) if the aggregate amount of it and any other relevant benefit or benefits is more than £11,180. (5) A transaction to which subsection (4) applies must— (a) if it falls within paragraph (a) of that subsection, be recorded in the transaction report for the reporting period in which the transaction is entered into, or (b) if it falls within paragraph (b) of that subsection, be recorded (together with any other relevant transaction or transactions included in the aggregate amount mentioned in that paragraph) in the transaction report for the reporting period in which the benefit which causes that aggregate to be more than £11,180 accrues. (6) Where any previous relevant benefit or benefits has or have been required to be recorded under subsection (4) or section 62(4), a relevant transaction must be recorded at the point when a relevant transaction falling within subsection (7) has been entered into— (a) since the benefit or benefits required to be recorded under that provision, or (b) if any relevant benefit or benefits has or have previously been required to be recorded under this subsection or section 62(6), since the benefit or benefits last required to be so recorded. (7) A relevant transaction falls within this subsection— (a) if the value of the transaction is more than £2,230, or (b) if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than £2,230. (8) A transaction to which subsection (6) applies on any occasion must— (a) if it is the only benefit required to be recorded on that occasion, be recorded in the transaction report for the reporting period in which it is entered into, or (b) in any other case, be recorded (together with any other relevant transaction or transactions included in the aggregate amount mentioned in subsection (7)) in the transaction report for the reporting period in which the benefit which causes that aggregate amount to be more than £2,230 accrues. (9) A transaction report must also record any regulated transaction which is entered into by the party and a person who is not an authorised participant and is dealt with during the reporting period in accordance with section 71I or 71J. (10) If during any reporting period no transactions have been entered into by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the transaction report for that period, the report must contain a statement to that effect. (11) Where a registered party is a party with accounting units, subsections (2) to (10) apply separately in relation to the central organisation of the party and each of its accounting units— (a) as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but (b) with the substitution, in relation to such an accounting unit, of “£2,230” for “£11,180” in each place where it occurs in subsections (4) and (5). (12) However, for the purposes of subsections (2) to (9) in their application to the central organisation and any year by virtue of subsection (11), any transaction— (a) which is entered into by an authorised participant and any of the accounting units during that year, but (b) which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a transaction entered into by the accounting unit, must be treated as a transaction entered into by the authorised participant and the central organisation. (13) Schedule 6A has effect with respect to the information to be given in transaction reports.

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71N Changes to be recorded in quarterly reports

(1) If during any reporting period, in the case of any recorded transaction— (a) another authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant), (b) there is any change in the details given in relation to the transaction in pursuance of paragraph 5, 6 or 7 of Schedule 6A, or (c) the transaction comes to an end, the change must be recorded in the transaction report for that period. (2) For the purposes of subsection (1)(c), a loan comes to an end if— (a) the whole debt (or all the remaining debt) is repaid; (b) the creditor releases the whole debt (or all the remaining debt); and in such a case the transaction report must state how the loan has come to an end. (3) A transaction report must also record any change by which a person who is not an authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant) and in consequence of which the transaction is dealt with in accordance with section 71I or 71J. (4) If during any reporting period there have been no changes (as mentioned in subsection (1) or (3)) to any recorded transaction, the report must contain a statement to that effect. (5) A recorded transaction, in relation to a reporting period, is a regulated transaction which is or has been recorded in a transaction report for that or a previous reporting period. (6) Where a registered party is a party with accounting units, subsections (1) to (5) apply separately in relation to the central organisation of the party and each of its accounting units; and the reference in subsection (5) to a transaction report for a previous reporting period is a reference to a report prepared in relation the central organisation or accounting unit, as the case may be. (7) In this section, “reporting period” and “transaction report” have the meanings given in section 71M.

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71O Existing transactions

(1) This section applies in relation to the first report prepared under section 71M(1) by the treasurer of a party which, at the date on which that section comes into force, is a registered party. (2) Sections 71M and 71N have effect, in the case of a person (whether or not an authorised participant) who is a party to an existing transaction, as if— (a) that transaction had been entered into in the reporting period to which the report relates; (b) any change (as mentioned in section 71N(1) or (3)) to the transaction had occurred during that period; (c) references in section 71M to a relevant benefit did not include references to a relevant donation. (3) An existing transaction is a regulated transaction which, at the date on which section 71M comes into force, has not come to an end for the purposes of section 71N(1)(c). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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71P Exemption from requirement to prepare quarterly reports

(1) This section applies if each of four consecutive transaction reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 71M contains— (a) in the case of a party without accounting units, a statement under subsection (10) of that section and a statement under subsection (4) of section 71N, or (b) in the case of a party with accounting units, statements under each of those subsections 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 transaction reports in pursuance of subsection (1) of section 71M until— (a) a recordable transaction is entered into by the registered party, or (b) a recordable change is made to a recorded transaction. (3) A recordable transaction is a transaction which is required to be recorded by virtue of any of subsections (4) to (9) of section 71M (including those subsections as applied by subsection (11) of that section). (4) A recordable change is a change which is required to be recorded by virtue of subsection (1) of section 71N (including that subsection as applied by subsection (6) of that section). (5) If a recordable transaction is entered into or a recordable change is made, nothing in this section affects the operation of section 71M or 71N in relation to— (a) the reporting period in which the recordable transaction is entered into or the recordable change is made, or (b) any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party. (6) In this section— “transaction report” and “reporting period” have the same meaning as in section 71M; “recorded transaction” has the same meaning as in section 71N.

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71Q Weekly transaction reports during general election periods

(1) Subject to section 71R, the treasurer of a registered party must, in the case of any general election period, prepare a report under this subsection in respect of each of the following periods— (a) the period of seven days beginning with the first day of the general election period, (b) each succeeding period of seven days falling within the general election period, and (c) any final period of less than seven days falling within that period. (2) In this section— “weekly report” means a report prepared under subsection (1); “reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates. (3) The weekly report for any reporting period must record each regulated transaction which has a value of more than £11,180 entered into during that period— (a) by the party (if it is not a party with accounting units), or (b) by the central organisation of the party (if it is a party with accounting units). (4) If during any reporting period no transactions falling within subsection (3) have been entered into as mentioned in that subsection, the weekly report for that period must contain a statement to that effect. (5) Schedule 6A has effect with respect to the information to be given in weekly reports. (6) The weekly report for any reporting period must also record any change (as mentioned in section 71N(1) or (3)) during that period to a regulated transaction recorded— (a) by the party (if it is not a party with accounting units), or (b) by the central organisation of the party (if it is a party with accounting units). (7) For the purposes of subsection (6), a transaction is recorded by a party or the central organisation of a party if it is or has been recorded in— (a) a transaction report prepared under section 71M(1), or (b) a weekly report prepared for that or a previous reporting period falling within the general election period. (8) If during any reporting period there have been no changes falling within subsection (6), the weekly report for that period must contain a statement to that effect. (9) In this section and section 71R “general election period” has the meaning given in section 63.

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