January 2008 - Guidelines for TDs, Senators and MEPs on donations and prohibited donations

Part 2 - Definitions

The following is a selection of definitions from the legislation which are necessary in order to understand the guidelines. A definition of what constitutes a donation is not included in this part of the guidelines. Part 3 of the guidelines sets out what are and are not donations to a member/MEP.

a) Person

A person is defined as including:

• an individual;
• a body corporate (a body corporate and any of its subsidiaries shall be deemed to be one person); or
• an unincorporated body of persons.

b) Political Party

A "political party" means a party registered in the Register of Political Parties in accordance with section 25 of the Electoral Act of 1992, as a party organised to contest a Dáil or European election or both such elections;

c) Subsidiary organisation

A subsidiary organisation of a political party means a body or association which:

• forms part of such political party;
• is established by or under the constitution of the political party;
• is effectively controlled by the political party or the officers thereof;
• has functions conferred on it by or under the constitution of the party.

d) Political Purposes

Political purposes in relation to a member/MEP means:

• to promote or oppose, directly or indirectly, the interests of a member, MEP or his/her political party or political group;
• to present, directly or indirectly, the policies or a particular policy of a member, MEP or his/her political party or political group;
• to present, directly or indirectly, the comments of a member, MEP or his/her political party or political group;
• to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views or comments of a candidate on any matter connected with an election;
• otherwise to influence the outcome of an election or referendum.

e) Financial Institution

In relation to a political donations account a "Financial Institution" means:

• the holder of a licence under section 9 of the Central Bank Act 1971;
• a building society;
• a trustee savings bank;
• ACC Bank plc;
• An Post;
• a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992) to carry on a business in the State.

NOTE: A credit union is not an institution for the purposes of the legislation.

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