47. Do political parties have to report regularly on their finances? - United Kingdom

Country: 
United Kingdom
Question: 
47. Do political parties have to report regularly on their finances?
Answer: 
Yes
Comments: 

BLANK

Source: 

(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”.

(4) Where no previous relevant donation or donations has or have been required to be recorded under this subsection, a relevant donation must be recorded—

(a) if it is a donation of more than £5,000, or

(b) if,whenitisaddedtoanyotherrelevantdonationordonations, the aggregate amount of the donations is more than £5,000.

(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 (as part of the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £5,000 is accepted.

(6) Where any previous relevant donation or donations has or have been required to be recorded under subsection (4), a relevant donation must be recorded at the point when there has or have been accepted—

(a) since the donation or donations required to be recorded under subsection (4), or

(b) if any relevant donation or donations has or have previously been required to be recorded under this subsection, since the donation or donations last required to be so recorded,

any relevant donation or donations of an amount or aggregate amount which is more than £1,000.

(7) Adonationtowhichsubsection(6)appliesonanyoccasionmust—

(a) ifitistheonlydonationrequiredtoberecordedonthatoccasion, be recorded in the donation report for the reporting period in which it is accepted, or

(b) in any other case be recorded (as part of the aggregate amount mentioned in that subsection) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £1,000 is accepted.

(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 “£1,000” for “£5,000” 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. Source: Article 62 ,Political Parties and Referendums Act, 2000

 

 

63.—(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) anyfinalperiodoflessthansevendaysfallingwithinthatperiod.

(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 £5,000 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 Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b) ending with the date of the poll. Source: Article 63 ,Political Parties and Referendums Act, 2000

 

(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.

(3) Thetreasurerofaregisteredpartycommitsanoffenceifhefailsto 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 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) Where a person is charged with an offence under this section, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any such requirements were complied with in relation to donations received by the party during the relevant reporting period.

(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. Source: Article 65 ,Political Parties and Referendums Act, 2000

 

(1) This section applies where a person (“the donor”) has during the course of a calendar year made small donations to a registered party whose aggregate value is more than £5,000.

(2) ThedonormustmakeareporttotheCommissioninrespectofthe donations which gives the following details—

(a) the aggregate value of the donations and the year in which they were made;

(b) the name of the registered party to whom they were made; and

(c) the full name and address of the donor (if an individual) and (in any other case) such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.

(3) The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.

(4) The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating—

(a) thatsmalldonationswhoseaggregatevaluewasthatspecifiedin the report were made by him to the specified registered party during the specified year, and

(b) that no other small donations were made by him to that party during that year.

(5) A person commits an offence if—
(a) he delivers a report under this section which does not comply

with subsection (2); or

(b) hefailstodeliversuchareportinaccordancewithsubsection(3) or such a report, when delivered by him, is not accompanied by a declaration under subsection (4); or

(c) he knowingly or recklessly makes a false declaration under that subsection.

(6) In this section—

(a) “small donation” means a donation whose value is not more than £200; and

(b) “specified” means specified in the report in question. Source: Article 65 ,Political Parties and Referendums Act, 2000