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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“(2) After subsection (2) insert— “(2A) An individual who would otherwise fall within subsection (2)(a) is not a permissible donor if that individual— (a) is currently registered as an overseas elector; and (b) that registration as an overseas elector has been for a continuous period exceeding five years. (2B) For the purpose of this section, an “overseas elector” is a person who fulfils the requirements for an overseas elector in section 1 (extension of parliamentary franchise) of the RPA 1985”” This new clause would prevent overseas electors who have been registered as such for more than five years from being a permissible donor.”
“(2) The declaration must be— (a) in the prescribed form, (b) signed by the person, and (c) delivered at the place and within the time for the delivery of nomination papers.”” This new clause would require sexual offenders who are subject to the notification requirements under the Sexual Offences Act 2003 to declare this requirement as part of the candidate nomination process. New clause 92— Permissible donors not to include overseas electors registered for periods exceeding five years — “(1) Section 54 of PPERA 2000 (permissible donors) is amended as follows.”
“New clause 91— Declaration of notification requirements for registered sex offenders — “(1) Schedule 1 to RPA 1983 (parliamentary elections rules) is amended as follows. (2) After rule 8 (consent to nomination) insert— “(8A) Declaration of notification requirements for registered sex offenders (1) A person convicted and sentenced for a sexual offence or sexual offences under the Sexual Offences Act 2003 must declare whether they are required to comply with the sexual offences notification regime as part of the nomination process, otherwise that person is not validly nominated.”
“(c) provision for certain exemptions to be made for those who are prevented from participating in an election as a , including— (i) those with a physical or mental incapacity, illness, or disability, (ii) those who are absent from the UK, and (iii) those with a sincerely held conscientious or religious belief (d) provision for pilots of compulsory voting in connection with any pilots undertaken under Section 20 of this Act (power to pilot changes to the voter registration process).” This new clause would require the Secretary of State to bring forward proposals for compulsory voting, including piloting compulsory voting in connection with any pilots of changes to voter registration process.”
“(2) Proposals published under this section relating to compulsory voting must include— (a) provision for electors to be able to mark an abstention, either through returning a spoilt or blank ballot; (b) provision for the failure to vote to be punishable through a penalty fine of £10.”
“(3) Proposals published under this section must include proposals for the Royal Commission’s— (a) terms of reference, (b) membership, and (c) funding.” This new clause requires the Secretary of State to put forward proposals to establish a Royal Commission to consider and make recommendations for a cap on political donations, as well as the effectiveness of existing campaign expenditure limits. New clause 89— Compulsory voting — “(1) The Secretary of State must, within 6 months of section 17 (registration without an application) of this Act coming into force, publish and lay before both Houses of Parliament proposals for introducing compulsory duty to vote at UK parliamentary elections and local elections in England for individuals who are registered to vote.”
“New clause 88— Proposals for a Royal Commission on political donations and campaign expenditure — “(1) Within three months of the passing of this Act, the Secretary of State must publish proposals for the establishment of a Royal Commission to consider— (a) the merits of a cap on political donations, and the level at which such a cap should be set, and (b) the effectiveness of existing limits on campaign expenditure, including the appropriateness of the time period during which those limits apply. (2) Any proposals made under this section must specify that the Royal Commission should publish its recommendations for a cap on political donations within twelve months of being established.”
“New clause 87— Randomised listing of names on ballot papers — “(1) Representation of the People (Ballot Paper) Regulations 2015 is amended as follows. (2) In Schedule 2, at end insert— “14 The order of candidate surnames on ballot papers where more than one candidate is to be elected must be listed using a randomised system rather than names being listed alphabetically.”” This new clause would require the order of names on ballot papers for UK Parliamentary elections to be determined and listed using a randomised system.”
“(2) In section 54 (permissible donors), subsection (1)— (a) omit the “or” at the end of paragraph (aa) (both as inserted by section 9(1) of the Political Parties and Elections Act 2009 and as substituted by section 10(1) of that Act); (b) after that paragraph insert— “(ab) the person by whom the donation is to be made is using the Foreign Income and Gains regime to claim tax relief on— (i) income and gains arising from outside the UK; or (ii) UK income or gains deemed to be foreign under the qualifying asset holding company rules.”” This new clause would mean that donations could not be accepted by parties if a donor was using the Foreign Income and Gains regime to claim tax relief on foreign income.”
“New clause 86— Impermissible donations where donor’s income is not subject to UK tax liability — “(1) Part 4 of PPERA 2000 (control of donations to registered parties and their members etc) is amended as follows.”
“New clause 84— Party descriptions in the form of instructions to voters — “After subparagraph (2)(g) of section 28A of PPERA 2000 (descriptions) insert— “(h) could be interpreted as an instruction to an elector on how to cast their vote.”” This new clause would prevent a candidate from registering a party description that could be interpreted as an instruction to an elector in how to cast their vote. New clause 85— Permissible donors not to include overseas voters — “At the end of subsection 54(2)(a) of PPERA (permissible donors) insert — “and who is not qualified to vote as an overseas elector under section 1 (extension of parliamentary franchise) of the RPA 1985” This new clause would prevent donations being received from overseas voters.”
“(8) For the purposes of this section a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).” This new clause would require the Government to bring forward proposals for the regulation of election-related content of regulated user-to-user services, as defined in the Online Safety Act 2023, during parliamentary elections and local Government elections.”
“(6) In preparing proposals under subsection (1), the Secretary of State must consult— (a) the Electoral Commission, (b) Ofcom, (c) representatives of broadcasters subject to the Broadcasting Code, (d) representatives of operators of regulated user-to-user services; (e) representatives of registered political parties; and (f) such other persons as the Secretary of State considers appropriate. (7) The Secretary of State must lay the proposals before both Houses of Parliament.”
“(4) Proposals under subsection (1) must include measures to require regulated user-to-user services to— (a) have regard to fairness and public confidence in specified elections in relation to the publication and promotion of content on the service; and (b) remove content that is deliberately false or misleading relating to specified elections as quickly as is reasonably possible. (5) In preparing proposals under subsection (1), the Secretary of State must have regard to— (a) The operation of the Online Safety Act 2023 with regard to regulated user-to-user services; and (b) The operation of section 6 of the Ofcom Broadcasting Code as established by section 319 (OFCOM’s standards code) of the Communications Act 2003 (“the Broadcasting Code”).”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales. (3) The election periods for the purpose of subsection (1) are— (a) in the case of a parliamentary election, the period between the issuance of a writ and the closure of polling, as set out in paragraph 1 (timetable) of schedule 1 of RPA 1983; or (b) in the case of a local election, the period between the publication of the notice of election and the closure of polling, as set out in schedules 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election) and schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) of the Local Elections (Principal Areas) (England and Wales) Rules 2006.”
“(5B) For the purposes of subsection (5) a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).”” This new clause would enable operators of regulated user-to-user services, as defined in the Online Safety Act 2023, to be held liable for false statements relating to election candidates and activity amounting to undue influence in elections, if not swiftly removed from the service. New clause 83— Proposals for regulation of social media during specified elections — “(1) Within six months of the passing of this Act, the Secretary of State must publish proposals for the regulation of content relating to specified elections on regulated user-to-user services during election periods.”
“(7) In subsection (5) after (c) insert— “(d) on a regulated user-to-user service operated by or on behalf of P” (8) After subsection (5) insert— “(5A) It is a defence for a person charged under subsection (1) in connection with an activity under subsection 5(d) if the person is alerted by a person to the presence of any such activity on the regulated user-to-user service, or becomes aware of it in any other way, and removes such activity as soon as is reasonably practicable.”
“(4) After subsection (7) insert— “(7A) It is a defence for a person charged under subsection (1) in connection with the hosting on a regulated user-to-user service if the person is alerted by a person to the presence of any activity on the regulated user-to-user service, or becomes aware of it in any other way, and removes such activity as soon as is reasonably practicable.” (5) After subsection (9) insert— “(10) For the purposes of this section a “regulated user-to-user service” has the meaning given in subsection 4(4) of the Online Safety Act 2023 (“regulated service”, “part 3 service” etc).” (6) Section 114A (undue influence) is amended as set out in subsection (7) to (8).”
“New clause 82— Liability for false statements as to candidates and undue influence on regulated user-to-user services— “(1) RPA 1983 is amended as follows. (2) Section 106 (false statements as to candidates) is amended as set out in subsections (3) to (5). (3) In subsection (1) after “makes” insert “hosts on a regulated user-to-user service”.”
“New clause 81— Removal of requirement to publish candidates’ addresses “(1) Schedule 1 of RPA 1983 is amended as follows. (2) In rule 6 (nomination of candidates) omit paragraphs (5) and (6). (3) In rule 14 (publication of statement of persons nominated)— “(a) In paragraph (2) for “addresses” substitute “a statement of— “(a) where the candidate’s home address is in the United Kingdom, the constituency or the relevant area within which that address is situated; (b) where the candidate’s home address is outside the United Kingdom, the country within which that address is situated;” (b) After paragraph (2) insert— “(2ZA) In paragraph (2)(a), “relevant area” means— “(a) in relation to a home address in England— (i) if the address is within a district for which there is a district council, that district; (ii) if the address is within a county in which there are no districts with councils, that county; (iii) if the address is within a London borough, that London borough; (iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London; (v) if the address is within the Isles of Scilly, the Isles of Scilly; (b) in relation to a home address in Wales— (i) if the address is within a county, that county; (ii) if the address is within a county borough, that county borough; (c) in relation to a home address in Scotland, the local government area in which the address is situated; (d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.”” (c) Omit paragraph (3A)” (4) In rule 14A (correction of minor errors) omit subparagraph (2)(c).” This new clause would remove the requirement for candidates’ addresses to be published, replacing it with a statement of the constituency, relevant area or country outside the UK in which they are resident.”
““relevant person” for the purposes of subsection 55B(2) means— (a) in the case of a political party, the Treasurer; (b) in the case of a recognised third party, the responsible person; (c) in the case of a regulated donee, that person; and (d) in the case of a candidate, that person.” (7) 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 summary conviction: statutory maximum or 6 months On indictment : fine or 1 year Section 55B On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55D(3) (declaration as to compliance with the donations cap) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” The purpose of this new clause is to introduce a cap on the amount any individual or organisation can give to a political party, candidate, third party campaigner or regulated donee within a calendar year, together with related offences, through amendment to PPERA 2000.”
“(2) In section 56(1) (acceptance or return of donations: general), leave out from “ascertain)” to the end of the subsection and insert— (a) the identity of the donor; (b) whether they are 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; (c) whether the donation exceeds the donations cap.” (3) In section 56(2), after "by virtue of section 54(1)" insert— “or section 55B” (4) After section 56(2) insert— 56 “(2A) Where subsection (2) applies and only part of a donation exceeds the donation cap, the party may retain the amount that does not exceed the donations cap.” (5) In section 61(1) (offences concerned with evasion of restrictions on donations), after "other than a permissible donor" insert— “, or which facilitates or is likely to facilitate a breach of section 55A (cap on donations)” (6) In section 160 (general interpretation)— (a) after "“organisation” includes any body corporate and any combination of persons or other unincorporated association;” insert— ““political fund” means a political fund maintained by a trade union under Part I of the Trade Union and Labour Relations (Consolidation) Act 1992;” (b) after "registered party" means a party registered under Part II of this Act;" insert— ““relevant regulated entity” means— (a) a registered party within the meaning of Part II of this Act; (b) a recognised third party within the meaning of Part VI of this Act; (c) a regulated donee within the meaning of Schedule 7 of this Act; (d) a candidate standing for a relevant election within the meaning of section 22(5) of this Act; (e) an unincorporated association making political contributions within the meaning of Schedule 19A.”
“55F Verification by directors, members and persons of signification control of political donations by companies and limited liability partnerships (1) A company or limited liability partnership must not make a donation until they have verified with their directors, members, shareholders and people with significant control that doing so would not exceed the donations cap.”
“(3) For the purposes of this section, the relevant persons connected with a limited liability partnership are— (a) members of the limited liability partnership, and (b) persons with significant control over the limited liability partnership. (4) This section applies in addition to, and not in place of, any donation made by the relevant person in their own capacity. (5) This section does not apply to companies with voting shares admitted to trading on a UK regulated market or an EU regulated market within the meaning of section 1173 (minor definitions: general) of the Companies Act 2006.”
“55E Attribution of donations connected with companies and limited liability partnerships (1) For the purposes of section 55A (cap on donations)— (a) a donation made by a company or limited liability partnership is to be treated as made by each relevant person connected with that company or limited liability partnership, and (b) a donation made by a relevant person is to be treated as made by each company or limited liability partnership with which that person is connected. (2) For the purposes of this section, the relevant persons connected with a company are— (a) members of the company, (b) directors of the company, (c) shareholders of the company, and (d) persons with significant control over the company within the meaning of Part 21A of the Companies Act 2006.”
“(2) 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; and (c) where relevant, that they have complied with the requirements of section 55F (verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships). (3) A person who knowingly or recklessly makes a false declaration under this section commits an offence. (4) The Commission may by regulations prescribe a form of declaration which may be used for the purposes of this section, and other declarations donors are required to give to a relevant regulated entity by virtue of this Act.”
“55D Declaration as to compliance with the donations cap (1) Where a person (P) causes an amount to be received by a relevant regulated entity by way of a donation, a written declaration must be given to the relevant regulated entity— (a) by P, if P is an individual, or (b) if not, by an individual authorised by P to make the declaration, stating, to the best of the individual's knowledge and belief, the donation does not exceed the donations cap under section 55A (cap on donations).”
“(3) When requested by a relevant regulated entity for the purpose of complying with section 56(1) (acceptance or return of donations: general), a donor must provide copies of all receipts received by them within that calendar year. (4) Donors and relevant regulated entities must retain copies of receipts issued or received under this section for a period of 5 years. (5) When requested by a relevant regulated entity for the purpose of complying with section 56(1) (acceptance or return of donations: general), the Electoral Commission must provide a unique identifier to the relevant regulated entity.”
“55C Receipts for donations (1) A relevant regulated entity must, within the period of 30 days beginning with the relevant date, provide the donor with a receipt which states— (a) the name of the relevant regulated entity, and any unique identifier given to it by the Electoral Commission; (b) the amount of the donation received; (c) the amount of the donation accepted or returned; and (d) the date on which the donation was accepted or returned. (2) The relevant date for the purposes of subsection (1) is— (a) where the donation is accepted, the date of acceptance; or (b) where the donation is returned, the date of return.”
“(4) A person who contravenes subsection (1) and who knew or ought reasonably to have known their donation exceeded the donations cap commits an offence. 55B Prohibition on accepting donations in excess of the cap (1) A relevant regulated entity must not accept a donation that, individually or in aggregate with other donations from that donor, exceeds the donations cap under section 55A. (2) A relevant person or unincorporated association that contravenes subsection (1) and who knew or ought reasonably to have known that the accepting a donation would exceed the donations cap under section 55A commits an offence.”
“(3) The conditions referred to in subsection 2(b) are that— (a) the amounts paid by the union’s members into the union’s political fund as their contribution to the union’s affiliation fee, and the money paid by that union to the registered party as its affiliation fee are the same; (b) the following information must be provided by the union on all of its membership application forms— (i) an explanation of what the political fund is and the union’s affiliation to a political party; (ii) an explanation of how much individual members contribute to the political fund and towards the union’s affiliation fee; (iii) an explanation of the trade union member’s right at any time to stop contributing to the political fund and the union’s affiliation fee and clear information about how they can do this; and (iv) an explanation of the fact that if a member stops contributing, their membership subscription will be reduced accordingly; and (c) the union informs its members annually of the amount they are contributing to the union’s affiliation fee and of their right to opt out of contributing to the political fund, including how they may do so.”
“(2) “Donations” for the purpose of sections 55A to 55F, has the meaning given in section 50 (donations for the purposes of part iv) but does not apply to— (a) public funds within the meaning of section 55(2); (b) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (3) below; (c) subscriptions paid by industrial and provident societies to a registered party; (d) donations between registered parties; (e) exempt trusts within the meaning of section 162(2); (f) bequests.”
“which are (or are not) to be treated as donations by permissible donors) insert— “55A Cap on donations (1) A permissible donor must not, subject to subsections (3) and (4), directly or indirectly give a donation to a relevant regulated entity that, individually or in aggregate with other donations from that permissible donor in the same calendar year, exceeds £250,000 “the donations cap”.”
“(5) The Secretary of State may by regulations make provision about the administration of the conditions in subsection (4). (6) Regulations under subsection (5) are subject to the affirmative resolution procedure.”” This new clause would introduce an annual cap of £100,000 on donations for registered parties, recognised third parties, regulated donees, permitted participants or candidates and their agents, with exemptions for certain organisational donations and bequests. New clause 80— Cap on donations — “(1) PPERA 2000 is amended as follows. (2) After section 55 (payments etc.”
“(4) The conditions for the purposes of subsection (3)(c) are— (a) that the total amount contributed by members of a union to its political fund for the purpose of paying that union’s affiliation fee to a registered party is no less than the total affiliation fee paid by that union to the registered party; and (b) that the trade union has within the previous twelve months provided those members who contribute to the political fund of that union with details of— (i) the purpose of the political fund; (ii) any relationship between the union and any political party in receipt of contributions paid from the political fund; and (iii) the manner in which a member who contributes to the political fund may exercise a right to stop any contribution to the political fund.”
“(3) Subsection (1) does not apply to donations between registered parties or where the source of funds for the donation are— (a) public funds within the meaning of section 55(2); (b) exempt trusts within the meaning of section 162(2); (c) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (4); (d) subscriptions paid by registered societies under the Co-operative and Community Benefit Societies Act 2014 to a registered party; or (e) bequests.”
“(2) After section 56 (acceptance of return of donations: general) insert— “56A Cap on donations exceeding £100,000 (1) A registered party, recognised third party, regulated donee or permitted participant must not accept a donation or gift from a person if the value of donations and gifts from that person during the course of that calendar year exceeds £100,000. (2) Where a donation is received which would cause the limit for the purposes of subsection (1) to be exceeded, the amount by which the limit is exceeded is to be treated for the purposes of this Act as a donation received from a person who is not a permissible donor.”
“New clause 70— Limits on campaign expenditure — “In paragraph 3 of Schedule 9 to the Political Parties, Elections and Referendums Act 2000 (limits on campaign expenditure)— (a) in sub-paragraph (2), for "£54,010" substitute "£37,600"; (b) in sub-paragraph (3)(a), for "£1,458,440" substitute "£1,015,100"; (c) in sub-paragraph (3)(b), for "£216,060" substitute "£150,390"; (d) in sub-paragraph (3)(c), for "£108,030" substitute “£75,000"; (e) in sub-paragraph (4), for "£54,010" substitute “£37,600”.” This new clause lowers the national campaign spending limits for political parties, in line with recommendations from the Committee on Standards in Public Life (CSPL). New clause 71— Cap on donations exceeding £100,000 — “(1) PPERA 2000 is amended as set out in subsection (2).”
“() 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 summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55B On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 55D(3) (declaration as to compliance with the donations cap) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year””” The purpose of this new clause is to introduce a cap on the amount any individual or organisation can give to a political party, candidate, third party campaigner or regulated donee within a calendar year, together with related offences, through amendment to PPERA 2000.”
““relevant person” for the purposes of subsection 55B(2) means— (a) in the case of a political party, the Treasurer; (b) in the case of a recognised third party, the responsible person; (c) in the case of a regulated donee, that person; and (d) in the case of a candidate, that person.”
“(3) In section 56(2), after "by virtue of section 54(1)" insert— “or section 55B” (4) After section 56(2) insert— 56 “(2A) Where subsection (2) applies and only part of a donation exceeds the donation cap, the party may retain the amount that does not exceed the donations cap.” (5) In section 61(1) (offences concerned with evasion of restrictions on donations), after "other than a permissible donor" insert— “, or which facilitates or is likely to facilitate a breach of section 55A (cap on donations)” (6) In section 160 (general interpretation)— (a) after "“organisation” includes any body corporate and any combination of persons or other unincorporated association;" insert— “political fund” means a political fund maintained by a trade union under Part I of the Trade Union and Labour Relations (Consolidation) Act 1992;” (b) after “registered party” means a party registered under Part II of this Act;” insert— “relevant regulated entity” means— (a) a registered party within the meaning of Part II of this Act; (b) a recognised third party within the meaning of Part VI of this Act; (c) a regulated donee within the meaning of Schedule 7 of this Act; (d) a candidate standing for a relevant election within the meaning of section 22(5) of this Act; (e) an unincorporated association making political contributions within the meaning of Schedule 19A.”
“55F Verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships (1) A company or limited liability partnership must not make a donation until they have verified with their directors, members, shareholders and people with significant control that doing so would not exceed the donations cap. (2) In section 56(1) (acceptance or return of donations: general), leave out from “ascertain)” to the end of the subsection and insert— (a) the identity of the donor; (b) whether they are 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; (c) whether the donation exceeds the donations cap.”
“(3) For the purposes of this section, the relevant persons connected with a limited liability partnership are— (a) members of the limited liability partnership, and (b) persons with significant control over the limited liability partnership. (4) This section applies in addition to, and not in place of, any donation made by the relevant person in their own capacity. (5) This section does not apply to companies with voting shares admitted to trading on a UK regulated market or an EU regulated market within the meaning of section 1173 (minor definitions: general) of the Companies Act 2006.”
“55E Attribution of donations connected with companies and limited liability partnerships (1) For the purposes of section 55A (cap on donations)— (a) a donation made by a company or limited liability partnership is to be treated as made by each relevant person connected with that company or limited liability partnership, and (b) a donation made by a relevant person is to be treated as made by each company or limited liability partnership with which that person is connected. (2) For the purposes of this section, the relevant persons connected with a company are— (a) members of the company, (b) directors of the company, (c) shareholders of the company, and (d) persons with significant control over the company within the meaning of Part 21A of the Companies Act 2006.”
“(2) 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; and (c) where relevant, that they have complied with the requirements of section 55F (verification by directors, members and persons of significant control of political donations by companies and limited liability partnerships). (3) A person who knowingly or recklessly makes a false declaration under this section commits an offence. (4) The Commission may by regulations prescribe a form of declaration which may be used for the purposes of this section, and other declarations donors are required to give to a relevant regulated entity by virtue of this Act.”
“55D Declaration as to compliance with the donations cap (1) Where a person (P) causes an amount to be received by a relevant regulated entity by way of a donation, a written declaration must be given to the relevant regulated entity— (a) by P, if P is an individual, or (b) if not, by an individual authorised by P to make the declaration, stating, to the best of the individual's knowledge and belief, the donation does not exceed the donations cap under section 55A (cap on donations).”
“55C Receipts for donations (1) A relevant regulated entity must, within the period of 30 days beginning with the relevant date, provide the donor with a receipt which states— (a) the name of the relevant regulated entity, and any unique identifier given to it by the Electoral Commission; (b) the amount of the donation received; (c) the amount of the donation accepted or returned; and (d) the date on which the donation was accepted or returned.”
“(4) A person who contravenes subsection (1) and who knew or ought reasonably to have known their donation exceeded the donations cap commits an offence. 55B Prohibition on accepting donations in excess of the cap (1) A relevant regulated entity must not accept a donation that, individually or in aggregate with other donations from that donor, exceeds the donations cap under section 55A. (2) A relevant person or unincorporated association that contravenes subsection (1) and who knew or ought reasonably to have known that accepting a donation would exceed the donations cap under section 55A commits an offence.”
“(3) The conditions referred to in subsection 2(b) are that— (a) the amounts paid by the union’s members into the union’s political fund as their contribution to the union’s affiliation fee, and the money paid by that union to the registered party as its affiliation fee are the same; (b) the following information must be provided by the union on all of its membership application forms: (i) an explanation of what the political fund is and the union’s affiliation to a political party; (ii) an explanation of how much individual members contribute to the political fund and towards the union’s affiliation fee; (iii) an explanation of the trade union member’s right at any time to stop contributing to the political fund and the union’s affiliation fee and clear information about how they can do this; and (iv) an explanation of the fact that if a member stops contributing, their membership subscription will be reduced accordingly; and (c) the union informs its members annually of the amount they are contributing to the union’s affiliation fee and of their right to opt out of contributing to the political fund, including how they may do so.”
“(2) “Donations” for the purpose of sections 55A to 55F, has the meaning given in section 50 (donations for the purposes of part iv) but does not apply to— (a) public funds within the meaning of section 55(2); (b) affiliation fees paid by a trade union to a registered party that comply with the conditions set out in subsection (3) below; (c) subscriptions paid by industrial and provident societies to a registered party; (d) donations between registered parties; (e) exempt trusts within the meaning of section 162(2); (f) bequests.”