The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004

14.  After section 57 insert—

“Additional limit on Gibraltar donations to UK parties

57A.—(1) This section applies where the aggregate value of Gibraltar donations which are—

(a)received by a registered party which is not a Gibraltar party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region, and

(b)accepted by that registered party,

exceeds the permitted maximum.

(2) Such of the Gibraltar donations as are donations falling within subsection (3) are to be treated for the purposes of this Part (other than this section) as if they were received—

(a)at the end of the period of three months after that date, and

(b)from a person who was not a permissible donor at that time.

(3) A Gibraltar donation falls within this subsection if—

(a)in a case where it is the first of the Gibraltar donations received or is the only one, the value of that donation exceeds the permitted maximum, and

(b)otherwise, the aggregate of the value of that donation and such of the Gibraltar donations as were previously received exceeds the permitted maximum.

(4) But—

(a)in a case within subsection (3)(a), only so much of the donation as exceeds the permitted maximum is a donation falling within subsection (3), and

(b)in a case within subsection (3)(b) in which the aggregate value of the Gibraltar donations previously received does not exceed the permitted maximum, only so much of the donation as exceeds the difference between that aggregate value and the permitted maximum is a donation falling within subsection (3).

(5) “Gibraltar donation” means a donation—

(a)which is received from a permissible donor falling within subsection (2A) (but not subsection (2)) of section 54, or

(b)which is an exempt Gibraltar trust donation regarded by virtue of section 55(5A) as received from a permissible donor.

(6) “Permitted maximum” means an amount equal to the limit imposed by paragraph 4(2) of Schedule 9 on campaign expenditure incurred by or on behalf of a registered party which stands for election at a general election to the European Parliament in the combined region only.”