[F195DForfeitureU.K.
(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.]
Textual Amendments
F1Ss. 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))