Paragraph 6 Prohibition on accepting donations from impermissible donorsI1

England and Wales

(1)

A relevant donation received by a candidate or a candidate’s election agent must not be accepted if—

(a)

the person by whom the donation would be made is not, at the time of its receipt by the candidate or the candidate’s election agent, a permissible donor falling within section 54(2) of the 2000 Political Parties Act, or

(b)

the candidate or the candidate’s election agent is unable to ascertain the identity of the person offering the donation, whether because the donation is given anonymously or by reason of any deception or concealment or otherwise.

(2)

For the purposes of this Schedule, any relevant donation received by a candidate or the candidate’s election agent which is an exempt trust donation is to be regarded as a relevant donation received by the candidate or the candidate’s election agent from a permissible donor, and section 162 of the 2000 Political Parties Act^f1 (interpretation: exempt trust donations) is to apply for the purposes of this Schedule as it applies for the purposes of that Act.

(3)

But, for the purposes of this Schedule, any relevant donation received by a candidate or the candidate’s election agent from a trustee of any property, in the trustee’s capacity as such, is to be regarded as a relevant donation received by the candidate or the candidate’s election agent from a person who is not a permissible donor, if that donation is not—

(a)

an exempt trust donation, or

(b)

a relevant donation transmitted by the trustee to the candidate or the candidate’s election agent on behalf of beneficiaries under the trust who are—

(i)

persons who, at the time of its receipt by the candidate or the candidate’s election agent, are permissible donors falling within section 54(2) of the 2000 Political Parties Act, or

(ii)

the members of an unincorporated association which at that time is a permissible donor.

(4)

Sub-paragraphs (5) and (6) apply where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or the candidate’s election agent by way of a relevant donation—

(a)

on behalf of the principal donor and one or more other persons, or

(b)

on behalf of two or more other persons.

(5)

For the purposes of this Part, each individual contribution by a person falling within sub-paragraph (4)(a) or (b) of more than F1£500 is to be treated as if it were a separate donation received from that person.

(6)

In relation to each separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or the candidate’s election agent, the candidate or the candidate’s election agent is given—

(a)

except in the case of a donation which the principal donor is treated as making, all the details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c), and

(b)

in respect of all donations, all the details in respect of the donation as are required by virtue of paragraph 11(a).

(7)

Sub-paragraph (8) applies where—

(a)

any person (“the agent”) causes an amount to be received by a candidate or the candidate’s election agent by way of a donation on behalf of another person (“the donor”), and

(b)

the amount of the donation is more than F2£500.

(8)

The agent must ensure that, at the time when the donation is received by the candidate or the candidate’s election agent, the candidate or the candidate’s election agent is given all the details in respect of the donor as are required by virtue of paragraph 11(c).

(9)

A person commits an offence if, without reasonable excuse, that person fails to comply with sub-paragraph (6) or (8).

(10)

A person guilty of an offence under sub-paragraph (9) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months, or both;

(b)

on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year, or both.

(11)

In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003^f2, the reference in sub-paragraph (10)(a) to 6 months must be taken to be a reference to 51 weeks.

Annotations

Textual amendments

F1: Sum in Sch. 6 para. 6(5) substituted (24.3.2026) by The Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/91), regs. 1(2), 44(a)
F2: Sum in Sch. 6 para. 6(7)(b) substituted (24.3.2026) by The Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/91), regs. 1(2), 44(b)

Commencement

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

Footnotes

f1: Section 162 was amended by S.I. 2004/366 and S.I. 2018/1310.
f2: 2003 c. 44. Section 281 is yet to be commenced.