Question

To ask the Right hon. Member for Kenilworth and Southam, representing the Speaker's Committee on the Electoral Commission, what guidance the Electoral Commission provides on (a) reporting and (b) returning an impermissible donation if the donee only became aware of the impermissibility more than 30 days after accepting the donation.

The Electoral Commission provides guidance and support for parties and regulated entities to ensure they understand and can comply with donation laws.

Its guidance sets out the requirements and checks necessary when accepting donations. Donees are responsible for carrying out checks on donations they receive to ensure they are from permissible sources and for properly and accurately reporting them.

The guidance makes clear that the law requires donees to report impermissible donations and return them to the donor within 30 days. If they are unable to return the donation they must send the value to the Commission, and it pays this into the Consolidated Fund, managed by HM Treasury.

If after the 30 day period, a donee becomes aware that a donation they have accepted is impermissible, the donee should act quickly to bring themselves into compliance. The donee should return the value of the donation to the donor if possible, or to the Commission. They should report it as soon as possible to the Commission, who would consider the matter in line with its Enforcement Policy.