Paragraph 5 Value of donationsI1

England and Wales

(1)

The value of any donation falling within paragraph 2(1)(a), other than money, is to be taken to be the market value of the property in question.

(2)

But where paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation is to be taken to be the difference between—

(a)

the value of the money, or the market value of the property, in question, and

(b)

the total value in monetary terms of the consideration provided by or on behalf of the candidate or the candidate’s election agent.

(3)

The value of any donation falling within paragraph 2(1)(b) is to be taken to be the value of the money, or the market value of the property, transferred as mentioned in paragraph 3(1), and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded.

(4)

The value of any donation falling within paragraph 2(1)(d) or (e) is to be taken to be the amount representing the difference between—

(a)

the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or the candidate’s election agent in respect of the loan or the provision of the property, services or facilities if—

(i)

the loan had been made, or

(ii)

the property, services or facilities had been provided,

on commercial terms, and

(b)

the total value in monetary terms of the consideration, if any, actually provided by or on behalf of the candidate or the candidate’s election agent.

(5)

Where a donation mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a)

is to be determined at the time when it is made, but

(b)

is to be so determined by reference to the total benefit accruing to the donee over that period.

Annotations

Commencement

I1: Sch. 6 para. 5 in force at 18.7.2025, see art. 1(2)