Electoral Disclosure and Funding Act 2023
11Meaning of gift and gift in kind
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11 Meaning of gift and gift in kind
(1) In this Act –
gift means any disposition of property, made by a person to another person (otherwise than by a will), that is a disposition made –
(a) without consideration in money or money’s worth; or
(b) with inadequate consideration –
and includes a gift in kind.
(2) For the purposes of this Act, the following are gifts in kind:
(a) a gift of the use of facilities, by or at the direction of the person receiving the gift, solely or substantially for election campaign purposes, including the use of a room and anything reasonably necessary for the conduct of a meeting in the room, but does not include any food, drink or other gift associated with the use of the facilities;
(b) the provision, for no consideration or inadequate consideration, of accommodation, vehicles, computers, or other equipment, for use solely or substantially for election campaign purposes;
(c) the full or part payment by a person (other than a registered party, Member, or candidate) of electoral expenditure for advertising or other purposes incurred, or to be incurred, by the party, Member or candidate, or an agreement to make such a payment;
(d) the waiving of all or any part of payment, to the person, by a registered party, Member, or candidate, of electoral expenditure for advertising incurred, or to be incurred, by the party, Member or candidate;
(e) the provision of a service, for no consideration or for inadequate consideration, solely or substantially for election campaign purposes, other than the provision –
(i) by any person, of voluntary labour, that does not constitute the provision of voluntary professional services; and
(ii) to a registered party, by an officer in relation to the registered party or by an Assembly Member who is endorsed by the registered party, of a service (which may be, but is not required to be, a voluntary professional service).
(3) The following dispositions of property are taken to be a gift for the purposes of this Act: