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Electoral Commission to appeal judgment on impermissible donations to UKIP

29 Aug 2007

"The Electoral Commission has today lodged an appeal against the recent magistrates' court judgment that UKIP should only partially surrender impermissible donations accepted by the party. We are disappointed that the court did not order forfeiture of all the donations in question which, by UKIP's own admission, were impermissible.

 

"As it is the first time that the law on forfeiture of impermissible donations has been tested in court, we believe it is important to clarify the law in this area. We will continue to intervene when parties haven't complied with the law, to ensure public confidence in the integrity of the democratic process."

 

/ends

 

For further information please contact:

020 7271 0529 / 0530 / 0531

email: press@electoralcommission.org.uk 

outside office hours 07789 920414

Notes to editors:

  1. In its judgment on 7 August, the Westminster magistrate's court found that UKIP had accepted impermissible donations totalling £367,697.
  2. £4,000 of this was accepted from Nightech - a company registered on the Isle of Man and thus an impermissible donor in terms of the Political Parties, Elections and Referendums Act 2000 (PPERA).
  3. The remaining £363,697 was accepted from Alan Bown who was not on the electoral register at the time the money was donated, making it an impermissible donation in terms of PPERA.
  4. The court ordered UKIP to forfeit the full £4,000 accepted from Nightech and £14,481 of the total donations received from Alan Bown on the grounds that this was the amount paid to the party after the party knew that Alan Bown was not on the electoral roll. A full copy of the judgment is available on request.
  5. The Electoral Commission will make the case for appeal to the Westminster Magistrates Court and request that the appeal is heard in the High Court.
  6. The Political Parties, Elections and Referendums Act 2000 (PPERA) came into force on the 16 February 2001 and requires registered political parties to submit quarterly donation reports to the Commission. These reports must include all donations over £5000 to main political party offices and over £1000 to constituency or local party offices.
  7. Parties may accept donations of over £200 only if they are deemed 'permissible' under the terms of PPERA. 'Permissible' donors include individuals who are listed on the UK electoral register; or companies which are registered under the Companies Act 1985, incorporated in the UK or another member state which carries on business in the UK.
  8. If a party accepts a donation that is impermissible, the Electoral Commission may apply to a court to seek forfeiture of an amount equal to the donation. Any amount forfeited is paid into the Consolidated Fund
  9. To search the donations register, visit the Commission's website www.electoralcommission.org.uk and go to 'Register of donations to political parties' using the 'donations' link on the home page.
  10. The Electoral Commission is an independent body set up by the UK Parliament. Our aim is integrity and public confidence in the UK's democratic process. We regulate party and election finance and set standards for well-run elections. 

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