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Recall of MPs Act 2015

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This is the original version (as it was originally enacted).

Appeal against order under paragraph 17

This section has no associated Explanatory Notes

18(1)Sub-paragraphs (2) to (5) apply where an order is made under paragraph 17 by—

(a)a magistrates’ court, or

(b)a court of summary jurisdiction in Northern Ireland.

(2)The accredited campaigner may, before the end of the period of 30 days beginning with the day on which the order is made, appeal to the Crown Court or, in Northern Ireland, to a county court.

(3)An appeal under sub-paragraph (2) is by way of a rehearing.

(4)The standard of proof in proceedings on an appeal under sub-paragraph (2) is that applicable to civil proceedings.

(5)The court on hearing an appeal under sub-paragraph (2)

(a)may make such order as it considers appropriate, and

(b)may make an order whether or not proceedings are brought against any person for an offence connected with the donation.

(6)Where an order is made under paragraph 17 by the sheriff, the accredited campaigner may appeal against the order to the Court of Session.

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