Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
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“(3) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after subparagraph (b) insert— (a) the person by whom the donation would be made would have made a donation or donations to the candidate or his election agent over the course of the year which exceed £5,000 unless the donation is made by the candidate to themselves.”” This new clause will prevent donations in one calendar year from a single donor to a single candidate or individual party that exceed a total of £5,000. New clause 112— Ban on donations from companies — “(1) In section 54 (permissible donors) of PPERA 2000, omit subsection (2)(b). (2) The Secretary of State must, by regulation, make further provision to prevent regulated donees from accepting donations from companies.”
“New clause 111— Cap on donations of more than £5,000 a year from a single individual to parties and candidates — “(1) After section 56 (acceptance or return of donations: general) of PPERA 2000 insert— “56A Cap on donations (1) A registered party must not accept a donation or gift from an individual registered in an electoral register if the value of donations and gifts from that person during the course of the year to any one recipient exceeds £5,000. (2) Where a donation is received which would cause the limit for the purposes of subsection (1) to be exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.”
“(2) In section 90ZA (meaning of “election expenses”)— (a) In subsection (4), after “expenses” insert “other than for a parliamentary by-election” (b) After subsection (4), insert— “(4A) For the purposes of this Part of this Act, election expenses in connection with a parliamentary by-election are incurred by or on behalf of a candidate at an election if they are incurred— (a) by the candidate or his election agent, (b) by any person authorised by the candidate or his election agent to incur expenses, or (c) by a registered political party in the name of which the candidate has been nominated, for the purposes set out in subsection (4B) (4B) The conditions in this subsection are that they relate to— (a) a candidate; (b) the constituency in which the election is taking place; or (c) the by-election; and are intended to influence electors in the constituency in which the election is taking place.”” This new clause would ensure that national party expenditure directed at promoting a candidate or campaign in a parliamentary by-election counts towards the candidate's spending limit, preventing national party campaign activity from circumventing constituency campaign spending limits.”
“(10) A person who does not comply with the requirement of a presiding officer or representative under subsection (6) is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months (or both).”” This new clause would allow presiding officers or their representatives to require voters to vote separately and to set aside votes from voters where there are concerns about their ability to understand the voting process or language. New clause 110— Election expenses for parliamentary by-elections — “(1) RPA 1983 is amended as set out in subsection (2).”
“(8) If the presiding officer or representative has concerns over the voter’s ability to understand either matter referred to in subsection (7), the presiding officer shall— (a) place the ballot paper aside, mark it as belonging to the voter, and it shall not be counted; and (b) inform the voter that the vote has been set aside and of the right of appeal under subsection (9). (9) The person whose vote has been set aside under subsection (8) may appeal to the magistrates’ court (or, in Scotland, the sheriff court) for an order that the vote be counted, and such an appeal must be made no later than 48 hours after the close of the poll and the court shall list the matter within 48 hours.”
“(2) After subsection (5) insert— “(6) The presiding officer or a representative of the presiding officer may require that persons, who appear to have arrived at the polling station together, or who are otherwise associating with each other, enter the polling station and cast their votes one at a time in order to ensure that there is no undue influence. (7) The presiding officer or a representative of the presiding officer may speak to any voter to determine, in general terms, the voter’s ability to understand— (a) the voting process; and (b) the English or Welsh language.”
“(3) The Secretary of State may by regulations prescribe the form of declaration or evidence required to establish entitlement under this section. (4) The Secretary of State must by regulations prescribe the categories of persons who are unable to vote in person.”” This new clause would limit postal voting to serving members of the armed forces and other persons who are unable to vote in person. New clause 109— Protection against controlling and coercive in-person voting — “(1) Section 62C of RPA 1983 (influencing voters at polling booths) is amended as set out in subsection (2).”
“(2) After section 2 (power to make regulations about registration, absent voting and other matters) insert— “2A Postal voting entitlement restricted to serving members of the armed forces and those unable to vote in person (1) Notwithstanding any other provision of this Act, no person is entitled to vote by post at a parliamentary or local government election unless the person is a serving member of the armed forces of the Crown or unable to vote in person. (2) For the purposes of this section, a “serving member of the armed forces of the Crown” means a person who— (a) is a member of the regular forces or the reserve forces (within the meaning given by section 59(1) of this Act), and (b) is serving with the armed forces on the date of the poll.”
“(3) In section 2 (local government electors) for subsection (1)(c) substitute— “(c) is a British citizen or a citizen of the Republic of Ireland; and” (4) In section 4 (entitlement to be registered as parliamentary or local government electors) (a) in subsection (1)(c) for “Commonwealth” substitute “British”, (b) for subsection (3)(c) substitute— “is a British citizen or a citizen of the Republic of Ireland”, (c) in subsection (6) omit the words from “Commonwealth” to “such leave”.” This new clause would remove the right of Commonwealth citizens who are not British citizens to vote in parliamentary elections and in local government elections in England and Wales. New clause 108— Limitations on postal voting — “(1) The Elections Act 2022 is amended as set out in subsection (2).”
“(1B) The conditions in this subsection are— (a) any reasonable person would recognise the content of the communication as, parody, caricature or artistic expression; or, (b) the communication is clearly and prominently identified as fictional, altered or artificially generated.”” This new clause would mean that publishing or making AI generated deep fakes is included in the meaning of “making or publishing any false statement of fact in relation to the candidate” for the purpose of the offence of making a false statement as to a candidate. New clause 106— Removal of right to vote from Commonwealth citizens — “(1) RPA 1983 is amended as set out in subsections (2) to (4). (2) In section 1 (parliamentary electors), in subsection (1)(c) for “Commonwealth” substitute “British”.”
“New clause 105— False statements as to candidates: deepfakes — “In section 106 (false statements as to candidates) of the RPA 1983, after subsection (1) insert— “(1A) For the purposes of subsection (1), making or publishing any electronic communication, including moving images and images incorporating text, that has been generated using artificial intelligence deepfake technology which includes an impersonation of a candidate that depicts the candidate saying or doing something that did not occur commits an offence unless the conditions in subsection (1B) are met.”
“(2) The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by carrying out programmes of education or information to promote awareness of any of the matters mentioned in subsection (1).”” This new clause would require the Electoral Commission to promote access to information relating to elections and media literacy to young people to support the recognition of partisan information and mis- and disinformation, including content generated by AI.”
“This will operate to prohibit such donations until such time as the Commission has made such regulations in order to control cryptoasset donations. New clause 104— Electoral Commission: Education of young people about electoral information — “(1) PPERA 2000 is amended as set out in subsection (2). (2) After Section (13A) insert— “13ZA Education of young people about electoral information and media literacy. (1) The Commission shall promote awareness among people under the current age of registration to vote of— (a) access to independent and impartial information relating to elections; (b) media literacy, as set out in section 11(1) (duties to promote media literacy) of the Communications Act 2003; and; (c) disinformation and misinformation relating to elections, including information generated using artificial intelligence.”
“(6) A statutory instrument containing regulations under sub-paragraph (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.” (5) This section comes into force on the day on which this Act is passed (and section 80 is to be construed accordingly).” This new clause introduces controls on donations made by way of transfers of cryptoassets to registered political parties, regulated individuals and associations linked to political parties, electoral candidates and their agents. The new clause prevents such donations from being accepted unless the donation or transfer complies with requirements set out in regulations made by the Electoral Commission.”
“(4) In this section, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. (5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).”
“(3) Regulations made by the Commission may include requirements relating to— (a) the identity of the holder of the cryptoassets donated to the candidate or agent; (b) the nationality and country of residence of the holder of the cryptoassets donated to the candidate or agent; (c) the value of a donation that is to be disregarded for the purposes of this paragraph; (d) the maximum value of the cryptoassets that may be donated to a candidate or agent; (e) the original source of the funds that were transferred into the cryptoassets donated to the candidate or agent (including information relating to any transactions between the original source of the funds and the transfer of those funds into the cryptoassets); (f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.”
“(6) A statutory instrument containing regulations under sub-paragraph (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.” (4) In the Representation of the People Act 1983 in Schedule 2A (controls on donations to candidates), after paragraph 6 insert— “Controls on accepting donations in form of cryptoassets 6A (1) A relevant donation received by a candidate or his election agent by way of a transfer of cryptoassets must not be accepted unless the donation meets requirements specified in regulations made by the Commission. (2) For the purposes of this paragraph, paragraph 4(2) (minimum donation to be disregarded) does not apply.”
“(4) In this paragraph, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. (5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).”
“(3) Regulations made by the Commission may include requirements relating to— (a) the identity of the holder of the cryptoassets donated to the regulated donee; (b) the nationality and country of residence of the holder of the cryptoassets donated to the regulated donee; (c) the value of a donation that is to be disregarded for the purposes of this paragraph; (d) the maximum value of the cryptoassets that may be donated to a regulated donee; (e) the original source of the funds that were transferred into the cryptoassets donated to the regulated donee; (f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.”
“(6) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.” (3) In Schedule 7 (controls on donations to individuals and members associations), after paragraph 6 insert— “Controls on accepting donations in form of cryptoassets 6ZA (1) A controlled donation received by a regulated donee by way of a transfer of cryptoassets to the donee must not be accepted by the donee unless the donation meets requirements specified in regulations made by the Commission. (2) For the purposes of this paragraph, paragraph 4(3)(b) (minimum donation to be disregarded) does not apply.”
“(4) In this section, “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. (5) The Secretary of State may by regulations made by statutory instrument amend the definition of "cryptoasset" in subsection (4).”
“(3) Regulations made by the Commission may include requirements relating to— (a) the identity of the holder of the cryptoassets donated to the registered party; (b) the nationality and country of residence of the holder of the cryptoassets donated to the registered party; (c) the value of a donation that is to be disregarded for the purposes of this section; (d) the maximum value of the cryptoassets that may be donated to a registered party; (e) the original source of the funds that were transferred into the cryptoassets donated to the registered party; (f) any other matter that the Commission considers appropriate for the purpose of improving the transparency of donations made by way of a transfer of cryptoassets.”
“New clause 103— Controls on accepting donations in form of cryptoassets — “(1) The Political Parties, Elections and Referendums Act 2000 is amended in accordance with subsections (2) and (3). (2) After section 54 (permissible donors to registered parties) insert— “54A Controls on accepting donations in form of cryptoassets (1) A donation received by a registered party by way of a transfer of cryptoassets to the party must not be accepted by the party unless the donation meets requirements specified in regulations made by the Commission. (2) For the purposes of this section, section 52(2)(a) (minimum donation to be disregarded) does not apply.”
“(3) In this section— “controlled donation” means— (a) a donation to a registered party, individual or members association that is subject to Part 4 of the Political Parties, Elections and Referendums Act 2000, and (b) a donation to a candidate or their agent that is subject to Schedule 2A of the Representation of the People Act 1983; “foreign interference” includes the commission of a relevant electoral offence to which section 16 of the National Security Act 2023 applies (foreign interference in elections).” This new clause would require the Electoral Commission and the National Police Service (once established) to make annual reports about the risks of foreign interference in the UK’s political finance system and the adequacy of systems in place to address those risks.”
“New clause 102— Annual report regarding foreign interference in political funding — “(1) The Electoral Commission and the National Police Service (once established) must each produce and publish an annual report about— (a) the risk of foreign interference in relation to controlled donations, and (b) the adequacy of any systems designed to address risks of foreign interference in relation to controlled donations. (2) The Electoral Commission and the National Police Service (once established) must send a copy of the report to the Secretary of State, and the Secretary of State must lay it before Parliament.”
“New clause 101— Penalties for false declarations — “(1) Schedule 20 to the Political Parties, Elections and Referendums Act 2000 (penalties) is amended as follows. (2) In the entry for section 54A(5) (making a false declaration as to source of donation), in the second column, for “1 year” substitute “3 years”. (3) In the entry for section 83(3)(a) (making a false declaration to Commission when delivering return), in the second column, for “1 year” substitute “3 years”. (4) In the entry for section 123(4)(a) (making a false declaration to Commission when delivering return), in the second column, for “1 year” substitute “3 years”.” This new clause raises the maximum penalties for submitting false declarations from 1 year’s imprisonment upon conviction on indictment to 3 years’ imprisonment upon conviction on indictment.”
“New clause 100— Declaration as to source of donation: reduction in amount — “In section 54A of the Political Parties, Elections and Referendums Act 2000 (declaration as to source of donation)— (a) in subsection (1), for “£7,500” substitute “the specified amount”; (b) in subsection (2)(B), for “£7,500” substitute “the specified amount”; (c) after subsection (2), insert— “(2A) In this section, the specified amount is— (a) where subsection (2) applies and, to the best of the knowledge or belief of the individual giving the written declaration under subsection (1), the person other than P is not a permissible donor, £500; (b) in all other circumstances, £7,500.”” This new clause would require any donation above £500 to be accompanied by a declaration as to its source (rather than the current minimum of £7,500) if the source is not a permissible donor.”
“(19) In Schedule 19A (reports of gifts received by unincorporated associations making political contributions), in paragraph 6(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (20) In Schedule 19B (investigatory powers of Commission), in paragraph 13(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.” This new clause reduces the threshold for certain offences in the Political Parties, Elections and Referendums Act 2000 so that where false statements or declarations are made in relation to election expenses, an offence is committed if the person has reasonable grounds for knowing or suspecting that they are doing so.”
“(17) In Schedule 7 (control of donations to individuals and members associations)— (a) In paragraph 6A(5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”; (b) In paragraph 6B(3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”; (c) In paragraph 13(4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (18) In Schedule 7A (control of loans etc to individuals and members associations, in paragraph 13(4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(15) In section 112 (notional referendum expenses), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (16) In section 123 (declaration of responsible person as to return relating to referendum expenditure), in subsection (4)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(12) In section 95C (related offences), in subsection (2), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (13) In section 99 (declaration by responsible person as to return as to controlled expenditure), in subsection (4)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (14) In section 99A (declaration by responsible person as to statement of accounts), in subsection (3)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(9) In section 83 (declaration by treasurer as to return relating to campaign expenditure), in subsection (3)(a), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (10) In section 86 (notional controlled expenditure), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (11) In section 94F (authorised expenditure in excess of targeted expenditure limit), in subsection (6), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(6) In section 66 (declaration by treasurer in donation report), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (7) In section 71T (declaration by treasurer in transaction report), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (8) In section 73 (notional campaign expenditure), in subsection (8), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(3) In section 44 (supplementary provisions about auditors), in subsection (4), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (4) In section 54A (declaration as to source of donation), in subsection (5), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”. (5) In section 54B (declaration as to whether residence etc condition satisfied), in subsection (3), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(2) This section comes into force on the day on which this Act is passed (and section 80 is to be construed accordingly).” This new clause requires the Secretary of State to exercise the power to commence section 9(2) of the Political Parties and Elections Act 2009 which inserts section 54A into the Political Parties, Elections and Referendums Act 2000, which requires declarations to be provided as to the source of donations. New clause 99— Offences relating to election expense returns: reduction in threshold — “(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows. (2) In section 39 (false statements: offence), in subsection (1), for “knowingly or recklessly makes” substitute “knows or suspects, or has reasonable grounds for knowing or suspecting, that he is making”.”
“(2) A financial institution to whom a disclosure notice is given shall comply with it within such reasonable time as is specified in the notice. (3) In this paragraph, “financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).”” This new clause gives the Electoral Commission the power to require information from a financial institution relating to the income and expenditure of political parties and associated individuals. New clause 98— Commencement of section 9(2) of the Political Parties and Elections Act 2009 — “(1) By 1 July 2027, the Secretary of State must exercise the power in section 43(1) of the Political Parties and Elections Act 2009 to bring into force section 9(2) of that Act (declaration as to source of donation).”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure notice to a financial institution requiring the institution— (a) to produce, for inspection by the Commission or a person authorised by the Commission, any documents which— (i) relate to the income and expenditure of an organisation or individual to which paragraph 1 applies, and (ii) are reasonably required by the Commission for the purposes of carrying out their functions; or (b) to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes.”
“(2ZB) For the purposes of subsection (2ZA)— (a) whether a person qualifies as an overseas elector is to be determined in accordance with section 1A of the Representation of the People Act 1985; (b) whether a person was at any time resident in the UK for tax purposes is to be determined in accordance with Schedule 45 to the Finance Act 2013.”” This new clause limits permissible donors who are overseas electors to those who have previously been resident in the UK for tax purposes, have a Unique Taxpayer Reference and holds funds that may be taxed in the UK which have a value of at least the amount to be donated.”
“(3) After subsection (2) insert— “(2ZA) An individual registered in an electoral register who at the date of a donation qualifies as an overseas elector in respect of a constituency is only a permissible donor for the purposes of this Part if— (a) the individual was at any time resident in the UK for tax purposes, (b) the individual has a Unique Taxpayer Reference, and (c) the individual holds, and has held for at least the past 12 months, sufficient funds that may be charged to tax in the United Kingdom that are at least equivalent to the value of the donation.”
“(4) A person who knowingly or recklessly makes a false declaration under this section commits an offence subject to the same sanction as an offence under section 54A (declaration as to the source of a donation).”” This new clause prevents loans being provided to registered parties and regulated donees where the financing of the transaction derives from the proceeds of crime or is provided by a person who is not resident in the UK and is not registered on the electoral register, and creates related declarations. New clause 96— Permissible electors to include overseas electors with previous tax residence etc — “(1) Section 54 of the Political Parties, Elections and Referendums Act 2000 (permissible donors) is amended as follows. (2) In subsection (2)(a), at the end insert “(but this is subject to subsection (2ZA))”.”
“(2) The criteria in this subsection are— (a) that the financing of the regulated transaction does not directly or indirectly derive from money or other benefit that constitutes "criminal property" within the meaning of section 340 of the Proceeds of Crime Act 2002, and (b) that the donation does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation. (3) A declaration under this section must also state the full name and address of the person by whom it is made.”
“(c) that the financing of the regulated transaction does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to providing finance for the transaction.” (3) After section 71HZA (declaration that residence etc condition is satisfied) insert— “71HZB Declaration regarding the source of finance for regulated transactions (1) A registered party or regulated donee must not be party to a regulated transaction unless they have received a written declaration from the other party to the transaction where that party is an individual stating that to the best of the individual’s knowledge and belief, that the transaction meets the criteria set out in subsection (2).”
“New clause 95— Acceptance of regulated transactions — “(1) PPERA 2000 is amended as follows. (2) After section 71G (valuation of regulated transactions) insert— “71GAA Conditions for being a party to a regulated transaction (1) A registered political party or other regulated donee must not be party to a regulated transaction if— (a) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the party or regulated donee knows or ought reasonably to have known that the financing of the regulated transaction is through the use of “criminal property” within the meaning of section 340 of the 2002 Act, or (b) the financing of the regulated transaction derives from money or other benefit where there is a reasonable suspicion that it comes from the proceeds of crime.”
“New clause 94— Government proposals to require declarations as to the source of a donation: money derived from cryptocurrency — “Within six months of the passing of this Act, the Secretary of State must publish and lay before both Houses of Parliament proposals to require— (a) any person who causes a donation, loan, or other regulated transaction to be received by a political party to make a declaration that they have not converted cryptocurrency into fiat currency for the purposes of avoiding the restrictions of section 55A (cryptoassets) of PPERA 2000; and (b) for any donation not accompanied by such a declaration to be returned to the donor.” This new clause is intended to require the Government to bring forward proposals to require people who donate to registered parties to declare that they have not converted money from cryptocurrency to fiat currency to avoid the restrictions.”
“(1D) Regulations to which subsection (1B) applies are not to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.””” This new clause prevents donations to parties and candidates where the donation derives from the proceeds of crime or is provided by a person who is not resident in the UK and is not registered on the electoral register, and creates related declarations and verification requirements.”
“(1B) The Secretary of State may, after consultation with the Electoral Commission, make regulations exercisable by statutory instrument providing what the duty in subsection (1), to take all reasonable steps, requires. (1C) Any regulations made under subsection (1B) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate and may make different provision for different cases.”
“(4) A person who knowingly or recklessly makes a false declaration under this section commits an offence subject to the same sanction as an offence under section 54A (declaration as to the source of a donation).” (6) After subsection 56(1) (acceptance or return of donations) of PPERA 2000, insert— “(1A) The duty in subsection (1) shall include a duty to take all reasonable steps to verify that— (a) the donation does not derive directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation or loan; and (b) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the donation does not constitute “criminal property” within the meaning of section 340 of the 2002 Act.”
“(2) The criteria in this subsection are— (a) that the donation does not constitute “criminal property” within the meaning of section 340 of the Proceeds of Crime Act 2002, and (b) that the donation does not directly or indirectly derive from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and was provided with a view to the making of the donation. (3) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies— (a) state that the person is authorised by P to make the declaration; (b) describe the person's role or position in relation to P.”
“(2) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after sub-paragraph (b) insert— “(c) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the candidate or his election agent knows, or ought reasonably to have known that the donation constitutes “criminal property” within the meaning of section 340 of the 2002 Act.” (3) After subsection Section 54 (permissible donors) of PPERA 2000 insert— “(2A) A person who would otherwise fall under section 54(2) is not a permissible donor if their donation derives directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom and not registered in an electoral register, and which was provided with a view to the making of the donation.” (4) In paragraph 6(1) of Schedule 2A to the Representation of the People Act 1983, after sub-paragraph (b) insert— “(c) the donation derives directly or indirectly from money or other benefit provided by a person who is resident outside the United Kingdom, and not registered in an electoral register, and which was provided with a view to the making of the donation.” (5) After section 54A of PPERA 2000 (declaration as to source of donation) insert— “54AA Declaration as to source of a donation or loan: criminal property and proceeds of crime (1) Where a person (P) causes an amount to be received by a registered party by way of a donation, a written declaration must be given to the party— (a) by P, if P is an individual, or (b) if not, by an individual authorised by P to make the declaration, stating that the donation or loan, to the best of the individual’s knowledge and belief, meets the criteria set out in subsection (2).”
“New clause 93— Impermissible donations and donors — “(1) After section 54 of PPERA 2000, insert— “54A Impermissible donations: criminal property and proceeds of crime (1) A donation received by a registered party or regulated donee, must not be accepted by that recipient if— (a) without prejudice to Part 7 of the Proceeds of Crime Act 2002 (“the 2002 Act”), the party or regulated donee knows or ought reasonably to have known that the donation constitutes “criminal property” within the meaning of section 340 of the 2002 Act, or (b) the donation derives from money or other benefit where there is a reasonable suspicion that it comes from the proceeds of crime.”