§ 60 — Return of political donations

60.—(1) Where a political donation is received by a politically significant person and it is not immediately decided that the politically significant person should (for whatever reason) refuse the political donation, all reasonable steps must be taken without delay by or on behalf of the politically significant person to verify or, so far as the following is not apparent, ascertain —(a)

the identity of the donor;

(b)

whether the donor is —(i)

a permissible donor; or

(ii)

a prohibited donor in relation to the politically significant person; and

(c)

if the donor is a permissible donor and not a prohibited donor, all such details in respect of the donor as are required by the Regulations to be given in respect of a donor of a reportable political donation.

(2) If a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58, or which the politically significant person has decided the politically significant person should for any reason refuse, then within the grace period —(a)

in the case of an anonymous political donation, the requirements of section 59 must be complied with in respect of the whole donation; or

(b)

in any other case, the political donation must be sent back, or a payment of an equivalent amount must be sent, to —(i)

the person who made the donation; or

(ii)

any other person appearing to be acting on behalf of the person in sub‑paragraph (i).

(3) In subsection (2), the “grace period”, in relation to a politically significant person who or which has received a political donation, means a period of 30 days starting the date when the donation is so received by the politically significant person.

(4) If —(a)

a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58;

(b)

at the end of the grace period applicable to that donation, subsection (2)(a) and (b) is not complied with; and

(c)

the politically significant person knows or is reckless as to whether the politically significant person is prohibited from accepting the donation by virtue of section 56, 57 or 58,

then the following applies:

(d)

in the case of a donation accepted by a political party or Part 4 politically significant entity —(i)

the political party and the responsible officers of the political party in question; or

(ii)

the Part 4 politically significant entity and the responsible officers of the Part 4 politically significant entity,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction;

(e)

in the case of a donation accepted in respect of a candidate at an election —(i)

the candidate and the candidate’s election agent in question; or

(ii)

the candidate at a presidential election and the candidate’s principal election agent in question,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction;

(f)

in any other case, the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(5) In determining whether a Member of Parliament (whether or not a political office holder) commits an offence under subsection (4), the donor’s motive for offering the political donation is irrelevant.

(6) To avoid doubt, this section does not affect section 35(2) of the Parliament (Privileges, Immunities and Powers) Act 1962 and section 11(b) of the Prevention of Corruption Act 1960.

—(1) Where a political donation is received by a politically significant person and it is not immediately decided that the politically significant person should (for whatever reason) refuse the political donation, all reasonable steps must be taken without delay by or on behalf of the politically significant person to verify or, so far as the following is not apparent, ascertain —(a)

the identity of the donor;

(b)

whether the donor is —(i)

a permissible donor; or

(ii)

a prohibited donor in relation to the politically significant person; and

(c)

if the donor is a permissible donor and not a prohibited donor, all such details in respect of the donor as are required by the Regulations to be given in respect of a donor of a reportable political donation.

(2) If a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58, or which the politically significant person has decided the politically significant person should for any reason refuse, then within the grace period —(a)

in the case of an anonymous political donation, the requirements of section 59 must be complied with in respect of the whole donation; or

(b)

in any other case, the political donation must be sent back, or a payment of an equivalent amount must be sent, to —(i)

the person who made the donation; or

(ii)

any other person appearing to be acting on behalf of the person in sub‑paragraph (i).

(3) In subsection (2), the “grace period”, in relation to a politically significant person who or which has received a political donation, means a period of 30 days starting the date when the donation is so received by the politically significant person.

(4) If —(a)

a politically significant person receives a donation which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58;

(b)

at the end of the grace period applicable to that donation, subsection (2)(a) and (b) is not complied with; and

(c)

the politically significant person knows or is reckless as to whether the politically significant person is prohibited from accepting the donation by virtue of section 56, 57 or 58,

then the following applies:

(d)

in the case of a donation accepted by a political party or Part 4 politically significant entity —(i)

the political party and the responsible officers of the political party in question; or

(ii)

the Part 4 politically significant entity and the responsible officers of the Part 4 politically significant entity,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction;

(e)

in the case of a donation accepted in respect of a candidate at an election —(i)

the candidate and the candidate’s election agent in question; or

(ii)

the candidate at a presidential election and the candidate’s principal election agent in question,

(whichever is applicable) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction;

(f)

in any other case, the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(5) In determining whether a Member of Parliament (whether or not a political office holder) commits an offence under subsection (4), the donor’s motive for offering the political donation is irrelevant.

(6) To avoid doubt, this section does not affect section 35(2) of the Parliament (Privileges, Immunities and Powers) Act 1962 and section 11(b) of the Prevention of Corruption Act 1960.