(4) The Minister may prescribe a class of persons for the purposes of paragraph (i) of the definition of “connected person” of an official in subsection (5) only if the Minister is satisfied that it would be appropriate for the provisions of this section to be applied in relation to members of the class, having regard to any heightened risk, arising from their close family relationship with the official, that such persons may be involved in offences under sections 5, 6, 7 and 8.
(5) In this section—
“civil partner” has the meaning it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“connected person”, in relation to an official, means—
- (a) an individual who has joint beneficial ownership of a legal entity or legal arrangement, or any other close business relations, with the official,
- (b) an individual who has sole beneficial ownership of a legal entity or legal arrangement set up for the actual benefit of the official,
- (c) a spouse or civil partner of the official,
- (d) a person who is considered to be equivalent to a spouse or civil partner of the official under the national or other law of the place where the person or official resides,
- (e) a child of the official,
- (f) a spouse or civil partner of a child of the official,
- (g) a person who is considered to be equivalent to a spouse or civil partner of a child of the official under the national or other law of the place where the person or child resides,
- (h) a parent of the official, or
- (i) any person who is a member of a class of persons prescribed under subsection (4).
Presumption of corrupt donation
15. (1) Where, in any proceedings against a person to whom this section applies by virtue of subsection (2) (in this subsection referred to as the “person concerned”) for an offence under section 5, 6, 7 or 8, it is proved that—
- (a) the person concerned received a donation—
- (i) exceeding in value the relevant amount specified in section 23A(1) of the Act of 1997 or section 19B(1) of the Act of 1999, as may be appropriate, or
- (ii) of a type specified in section 23A(2), 23AA(1) or 24A(2) of the Act of 1997 or section 19B(2) or 19BB(1) of the Act of 1999, as may be appropriate,
- (b) the person concerned failed to—
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