December 2006 - Guidelines for Political Parties on donations and prohibited donations

1. Introduction

These guidelines have been published by the Standards in Public Office Commission (the Standards Commission) under section 4(6)(a) of the Electoral Act 1997 as amended (referred to hereafter as "the Act"). The purpose of these guidelines is to ensure that both the appropriate officers of political parties and the responsible persons of accounting units of political parties are informed of the steps they are required to take in relation to disclosure and, where necessary, refusal or remittance of donations. The guidelines also deal with the opening of political donations accounts. These guidelines replace previous guidelines published by the Standards Commission on this subject in December 2002.

The Standards Commission is required under section 4(6)(b) of the Act to provide advice on compliance to persons who are covered by the provisions of the Act. Advice may be sought from the Standards Commission concerning any provision of the legislation or the application of such provision in any particular circumstance. If a person is in any doubt about any aspect of the legislation, he or she should contact the Standards Commission. Advice is given either in writing, including by e-mail, or by responding to telephone enquiries. The Standards Commission recommends that advice should be sought immediately if a matter arises about which there is uncertainty. By doing so, it is less likely that the issue will cause a difficulty later.

A person must act in accordance with guidelines or advice published or given by the Standards Commission unless, by so doing, they would be contravening another provision of the Act.

It should be noted that the Standards Commission is entitled to make such enquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Standards Commission may require for the purpose of its duties under the legislation.

The Act has been amended a number of times. The most significant amendments were contained in the 1998 and 2001 Electoral (Amendment) Acts. In these guidelines a reference to a section of the Act should be read as including any amendment(s) to that section.

The Standards Commission recommends that the appropriate officer of each political party and the responsible person of each accounting unit of a political party should read the guidelines in full and bring their contents to the attention of any other officer, member, employee or volunteer of the party who may have functions relating to donations and who should, therefore, be aware of the legal requirements.

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