Referendums (Scotland) Act 2020

Forfeiture of donations made by impermissible or unidentifiable donors S

38 (1) This paragraph applies to any donation received by a permitted participant— S

(a) which, by virtue of paragraph 35(1), the permitted participant is prohibited from accepting, but

(b) which has been accepted by the permitted participant.

(2) A sheriff may, on the application of the Electoral Commission, order the forfeiture by the permitted participant of an amount equal to the value of the donation.

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

(4) Proceedings on an application for an order under this paragraph are civil proceedings and, accordingly, the standard of proof that applies is that applicable in civil proceedings.

(5) The permitted participant may appeal to the Court of Session against an order made under this paragraph.

(6) Rules of court may make provision—

(a) with respect to applications and appeals under this paragraph,

(b) for the giving of notice of such applications or appeals to persons affected by them,

(c) for the sisting of such persons as parties,

(d) generally with respect to procedure in such applications or appeals.

(7) An amount forfeited by virtue of an order under this paragraph is to be paid into the Scottish Consolidated Fund.

(8) Sub-paragraph (7) does not apply—

(a) where an appeal is made under sub-paragraph (5), before the appeal is determined or otherwise disposed of, or

(b) in any other case, before the end of any period within which, in accordance with rules of court, an appeal under sub-paragraph (5) is to be made.