SCHEDULES

SCHEDULE 5Control of donations to candidates

PART 1Introductory

Sponsorship

3

1

For the purposes of this Schedule, sponsorship is provided in relation to a candidate if—

a

any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and

b

the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

i

to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or

ii

to secure that to any extent any such expenses are not so incurred.

2

In sub-paragraph (1) “defined expenses” means expenses in connection with—

a

any conference, meeting or other event organised by or on behalf of the candidate,

b

the preparation, production or dissemination of any publication by or on behalf of the candidate, or

c

any study or research organised by or on behalf of the candidate.

3

The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) —

a

the making of any payment in respect of—

i

any charge for admission to any conference, meeting or other event, or

ii

the purchase price of, or any other charge for access to, any publication,

b

the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

4

The F1Secretary of State may, on the recommendation of the Commission, by order made by statutory instrument amend sub-paragraph (2) or (3).

5

Any order under sub-paragraph (4) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

6

For the purposes of section 1 of the Statutory Instruments Act 1946 M1 (definition of “Statutory Instrument”), the power to make an order which is conferred by sub-paragraph (4) is to be taken to be conferred by an Act of Parliament.

7

In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).