SCHEDULES

SCHEDULE 4Control of donations to accredited campaigners

PART 2Control of donations

Forfeiture of donations made by impermissible or unidentifiable donors

I117

1

This paragraph applies where an accredited campaigner accepts a relevant donation in contravention of paragraph 9.

2

The court may, on an application made by the Electoral Commission, order the forfeiture by the accredited campaigner of an amount equal to—

a

the amount of the donation, where it is of money, or

b

the value of the donation, where it is not of money.

3

The standard of proof in proceedings on an application under this paragraph is that applicable to civil proceedings.

4

An order may be made under this paragraph whether or not proceedings are brought against any person for an offence connected with the donation.

5

In this paragraph “the court” means—

a

in relation to England and Wales, a magistrates' court;

b

in relation to Scotland, the sheriff;

c

in relation to Northern Ireland, a court of summary jurisdiction.

6

Proceedings on an application under this paragraph to the sheriff are civil proceedings.