Part IV U.K. Control of donations to registered parties and their members etc.

Modifications etc. (not altering text)

C1 Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 26; S.I. 2016/69, reg. 2

C2 Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2

Chapter I U.K. Donations to registered parties

Modifications etc. (not altering text)

C3 Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

C4 Pt. 4 Chs. 1-3 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2

50 Donations for purposes of Part IV. U.K.

(1) The following provisions have effect for the purposes of this Part.

(2) “Donation”, in relation to a registered party, means (subject to section 52)—

(a) any gift to the party of money or other property;

(b) any sponsorship provided in relation to the party (as defined by section 51);

(c) any subscription or other fee paid for affiliation to, or membership of, the party;

(d) any money spent (otherwise than by or on behalf of the party) in paying any expenses incurred directly or indirectly by the party;

(e) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).

(3) Where—

(a) any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to subsection (5)) constitute a gift to the party for the purposes of subsection (2)(a).

(4) In determining—

(a) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purposes of subsection (2)(f), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of F3 . . . the provision of the property, services or facilities.

(5) Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(b) and by virtue of any other provision of this section, subsection (2)(b) (together with section 51) shall apply in relation to it to the exclusion of the other provision of this section.

(6) Anything given or transferred to any officer, member, trustee or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).

(7) Except so far as a contrary intention appears, references to a registered party in the context of—

(a) the making of donations to, or the receipt or acceptance of donations by, a registered party, or

(b) any provision having effect for or in connection with determining what constitutes a donation to such a party,

shall, 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.

(8) In this section—

(a) any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;

(b) “gift” includes bequest.

(9) Nothing in this Part applies in relation to donations received by a minor party.

Textual Amendments

F1 S. 50(2)(e) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(2), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F2 S. 50(4)(a) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(a), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F3 Words in s. 50(4)(b) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(b), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C5 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C6 S. 50 modified (1.10.2007 for E.W.S. and 1.11.2007 for N.I.) by Companies Act 2006 (c. 46), ss. 364(4), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

Commencement Information

I1 S. 50 wholly in force at 16.2.2001; s. 50 not in force at Royal Assent, see s. 163(2); s. 50 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)