Office of Public Sector Information

152 In Schedule 1 (the Electoral Commission), in paragraph 3(3) (term of office etc of Electoral Commissioners) after paragraph (c) insert—

“(ca) he is named as a participant in the register of recordable transactions reported under Part 4A;”.

153 In Schedule 6, after paragraph 5 insert—

“Application of reporting requirement

5A If the requirement to record the donation arises only because the value of the donation has, for the purposes of section 62(4) or (6), been aggregated with the value of any relevant transaction or transactions (within the meaning of section 71M), a quarterly report must contain a statement to that effect.”

154 (1) Schedule 7 (donations to individuals and members associations by donors) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1), omit paragraph (d);

(b) in sub-paragraph (3), omit paragraph (a);

(c) in sub-paragraph (3) omit “the loan or”.

(3) In paragraph 4(3)(b), omit the words “except for the purposes of paragraph 14,”.

(4) In paragraph 5(4)—

(a) for “2(1)(d) or (e)” substitute “2(1)(e)”;

(b) in paragraph (a) omit “the loan or”;

(c) in paragraph (a) omit sub-paragraph (i) and “or” following it.

(5) In paragraph 10, for sub-paragraphs (1) and (2) substitute—

“(1) A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation.

(1A) For the purposes of this paragraph a controlled donation is a recordable donation—

(a) if it is a donation of more than £5,000 (where the donee is a members association) or £1,000 (in any other case);

(b) if, when it is added to any other controlled benefit or benefits accruing to the donee—

(i) from the same person and in the same calendar year, and

(ii) in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(1B) A controlled benefit is—

(a) a controlled donation;

(b) a controlled transaction within the meaning of paragraph 2 of Schedule 7A.

(1C) A controlled benefit which is a controlled donation accrues—

(a) from the permissible donor who made it, and

(b) when it is accepted by the donee.

(1D) A controlled benefit which is a controlled transaction accrues—

(a) from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and

(b) when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

(2) A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a) if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;

(b) if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed £5,000 or (as the case may be) £1,000 accrues.”

(6) In that paragraph, in each of sub-paragraphs (6) and (7)—

(a) after “In the case of” insert “a controlled benefit which is”;

(b) for “sub-paragraph (2)(b)” substitute “sub-paragraph (1A)(b)”;

(c) for “by the same permissible donor” substitute “from the same person”.

(7) In paragraph 12(1), for “that provision” substitute “paragraph 10(2) or 11(1)”.

(8) Omit Part 4 (reporting of donations by donors).

(9) In paragraph 15 (register of recordable donations), omit sub-paragraph (3)(b).

155 In Schedule 20 (penalties), omit the entries relating to section 68(5) and paragraph 14(5) of Schedule 7.

European Parliament (Representation) Act 2003 (c. 7)

156 In section 12 of the European Parliament (Representation) Act 2003—

(a) in subsection (3) after paragraph (b) insert—

“(ba) the regulation of loans or credit facilities which benefit, or any form of security (whether real or personal) which benefits, registered parties in Gibraltar or their members or officers;”;

(b) in subsection (4), before the definition of “donation” insert—

““credit facilities” must be construed in accordance with section 71F(11) of the Political Parties, Elections and Referendums Act 2000;”.