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Political Parties, Elections and Referendums Act 2000

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Changes over time for: Section 95D

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Version Superseded: 24/11/2022

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Point in time view as at 15/09/2014. This version of this provision has been superseded. Help about Status

Changes to legislation:

Political Parties, Elections and Referendums Act 2000, Section 95D is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F195DForfeitureU.K.
This section has no associated Explanatory Notes

(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.]

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