Section 56 Acceptance or return of donations: general.I1C1C2C3C4C5C6C7C8
United Kingdom
Where—
a donation is received by a registered party, and
it is not immediately decided that the party should (for whatever reason) refuse the donation,
all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is 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 F1or 2A of Schedule 6 to be given in respect of the donor of a recordable donation.
If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then—
unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,
if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,
within the period of 30 days beginning with the date when the donation is received by the party.
Where—
subsection (2)(a) applies in relation to a donation, and
the donation is not dealt with in accordance with that provision,
the party and the treasurer of the party are each guilty of an offence.
Where a party or its treasurer is charged with an offence under subsection (3), it shall be a defence to prove that—
all reasonable steps were taken by or on behalf of the party to verify (or ascertain) whether the donor was a permissible donor, and
as a result, the treasurer believed the donor to be a permissible donor.
Where—
subsection (2)(b) applies in relation to a donation, and
the donation is not dealt with in accordance with that provision,
the treasurer of the party is guilty of an offence.
For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—
the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and
a record can be produced of the receipt of the donation and—
of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or
of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),
as the case may be.
Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.
Annotations
Textual amendments
- F1
Words in s. 56(1) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501), art. 6, Sch. 2 para. 2
- F2
S. 56(3A) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 12, 43; S.I. 2009/3084, art. 4(a)
Modifications
- C1
Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))
- C2
Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)
- C3
Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7
- C4
Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)
- C5
Ss. 56-60 applied (with modifications) (W.) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7
- C6
Ss. 56-59 applied by 1962 c. 14 (N.I.), Sch. 3A para. 7 (as inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 2(2), Sch. 1 para. 19 (with art. 1(3)))
- C7
Ss. 56-60 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 5 para. 7
- C8
Ss. 56-60 applied (with modifications) (W.) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 6 para. 7 (with art. 1(4))
- C9
S. 56(2) modified (E.) (22.9.2020) by The Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (S.I. 2020/926), regs. 1(2), 8(4)(6) (with reg. 8(8)-(10))
- C10
S. 56(2) applied (with modifications) (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(5) (with reg. 7(7)(8))
Commencement
- I1
S. 56 wholly in force at 16.2.2001; s. 56 not in force at Royal Assent, see s. 163(2); s. 56 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)
Notes on Part IV
Modifications
- C1
Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 26; S.I. 2016/69, reg. 2
- C2
Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2
Notes on Chapter II
Modifications
- C1
Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2
- C2
Pt. 4 Chs. 1-3 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2