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Section 58 Forfeiture of donations made by impermissible or unidentifiable donors.I1C1C2C3C4C5C6C7C8

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Annotations

Textual amendments

F1

S. 58(5)(d) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Modifications

C1

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))

C2

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)

C3

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

C4

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)

C5

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

C6

Ss. 56-59 applied by 1962 c. 14 (N.I.), Sch. 3A para. 7 (as inserted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 2(2), Sch. 1 para. 19 (with art. 1(3)))

C7

Ss. 56-60 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 5 para. 7

C8

Ss. 56-60 applied (with modifications) (W.) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 6 para. 7 (with art. 1(4))

Commencement

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)

Notes on Part IV

Modifications

C1

Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 26; S.I. 2016/69, reg. 2

C2

Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2

Notes on Chapter II

Modifications

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