Part VI Controls relating to third party national election campaigns
Chapter II Financial controls
F1Quarterly and weekly reports of donations to recognised third parties
95DForfeiture
1
The court may, on an application made by the Commission, order the forfeiture by a recognised third party of an amount equal to the value of a relevant donation where the court is satisfied that—
a
a failure by the responsible person to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), or
b
the delivery by the responsible person of a quarterly or weekly report which fails to comply with a requirement of Schedule 11A,
was attributable to an intention on the part of any person to conceal the existence or true amount of the donation.
2
The standard of proof in proceedings on an application under this section is that applicable to civil proceedings.
3
A forfeiture order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
4
In this section “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.
5
Proceedings on an application under this section to the sheriff are civil proceedings.
6
Sections 59 and 60 (appeals etc against forfeiture orders) apply for the purposes, or in connection with the operation, of this section in relation to a recognised third party as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.
7
In this section “relevant donation” has the same meaning as in Schedule 11.
Ss. 95A-95F and cross-heading inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 33(2), 45(3)(b) (with s. 46(1)(2))