SCHEDULE 4Campaign rules
PART 5Control of donations
Forfeiture of donations made by impermissible or unidentifiable donors
37
1
This paragraph applies to any donation received by a permitted participant—
a
which, by virtue of paragraph 34(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.