SCHEDULE 4Campaign rules

PART 5Control of donations

Forfeiture of donations made by impermissible or unidentifiable donors

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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.