Political Parties, Elections and Referendums Act 2000 (c. 41)

Part IV U.K. Control of donations to registered parties and their members etc.

Chapter II U.K. Restrictions on donations to registered parties

Modifications etc. (not altering text)

C1 Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

C2 Pt. 4 Chs. 1-3 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2

Forfeiture of certain donations U.K.

58 Forfeiture of donations made by impermissible or unidentifiable donors. U.K.

(1) This section applies to any donation received by a registered party—

(a) which, by virtue of section 54(1)(a) or (b), the party are prohibited from accepting, but

(b) which has been accepted by the party.

(2) The court may, on an application made by the Commission, order the forfeiture by the party of an amount equal to the value of the donation.

(3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings.

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

(5) In this section “the court” means—

(a) in relation to England and Wales, a magistrates’ court;

(b) in relation to Scotland, the sheriff; and

(c) in relation to Northern Ireland, a court of summary jurisdiction;

[F1 (d) in relation to Gibraltar, the Gibraltar court;]

and proceedings on an application under this section to the sheriff shall be civil proceedings.

Textual Amendments

F1 S. 58(5)(d) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 15

Modifications etc. (not altering text)

C3 Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C4 Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

C5 Ss. 56-60 applied (with modifications) (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 38(4), Sch. 4 para. 7

C6 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C7 Ss. 56-60 applied (with modifications) (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), arts. 1(1), 41(4), Sch. 6 para. 7

Commencement Information

I1 S. 58 wholly in force at 16.2.2001; s. 58 not in force at Royal Assent, see s. 163(2); s. 58 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)