Page:Foreign Interference (Countermeasures) Act 2021.pdf/43

Rh (2) For the purposes of this Act, where any donation or benefit, being money or property, is transferred to a person for a consideration which is less than the value of the money or market value of the property, the value of the donation or benefit is the difference between—
 * (a) the value of the money, or the market value of the property, in question; and
 * (b) the consideration provided by or on behalf of the person.

(3) For the purposes of this Act, the value of any donation or benefit which is either—
 * (a) any money lent to a person otherwise than on commercial terms; or
 * (b) the provision otherwise than on commercial terms of any property, services or facilities (including the services of any person),

is the amount that is the difference between the actual cost (if any) to the person and the cost that would have been incurred by the person had the loan been made, or the property, services or facilities been provided, on commercial terms.

(4) The value of any donation, being the provision of any sponsorship in relation to a person is the value in monetary terms of the benefit conferred by the sponsorship in question on the person, and any such value conferred on the sponsor must be disregarded.

(5) In this section, “market value”, in relation to any property, means the price which that property might reasonably be expected to fetch on a sale in the open market.

(6) A reference in this Act to the giving or transfer of any donation or other property to a person includes a reference to its being so given or transferred either directly or indirectly through any third person.

(7) Subject to the provisions of this Act, a donation or other property is accepted by a person if it is received and retained by the person for the person’s use or benefit.