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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Magistrates' Courts (Forfeiture of Political Donations) (Amendment) Rules 2016 No. 745 (L. 10) URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_2016745_en_1.html |
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Statutory Instruments
Magistrates' Courts, England And Wales
Made
12th July 2016
Laid before Parliament
14th July 2016
Coming into force
8th August 2016
1.-(1) These Rules may be cited as the Magistrates' Courts (Forfeiture of Political Donations) (Amendment) Rules 2016 and come into force on 8th August 2016.
(2) In these Rules, "the 2003 Rules" mean the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003(3) and a reference to a rule by number alone means the rule so numbered in the 2003 rules.
2. In rule 1(2)-
(a)before paragraph (a) insert-
"(za)the "2015 Act" means the Recall of MPs Act 2015;";
(b)for paragraphs (d) (definition of "forfeiture order") and (e) (definition of "respondent"), substitute-
"(d)"forfeiture order" means-
(i)an order pursuant to section 58(2), including an order made under section 58(2) as applied by-
(aa)paragraph 8 of Schedule 7;
(bb)paragraph 7 of Schedule 11;
(cc)paragraph 7 of Schedule 15; or
(dd)paragraph 7 of Schedule 2A to the Representation of the People Act 1983(4);
(ii)an order made under section 65(6);
(iii)an order made under paragraph 12(4) of Schedule 7; or
(iv)an order pursuant to paragraph 17 of Schedule 4 to the 2015 Act; and
(e)"respondent" means, as appropriate, the registered party, regulated donee, recognised third party, permitted participant, candidate or election agent or accredited campaigner against whom a forfeiture order referred to in paragraph (d)(i) to (iv) is sought.".
3. In rule 2(1), for "or B1", substitute "B1 or C".
4. In the Schedule to the 2003 rules, after Form B1, insert Form C as set out in the Schedule to these Rules.
Thomas of Cwmgiedd
The Lord Chief Justice
16th May 2016
I concur
Edward Faulks
Minister of State
Ministry of Justice
12th July 2016
Rule 4
"
"
(This note is not part of the Rules)
These Rules amend the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003 (SI 2003/1645) ("the 2003 Rules"), which prescribe the procedure for applications by the Electoral Commission for forfeiture from registered parties, regulated donees, recognised third parties, permitted participants in referendums or candidates or election agents of sums equal to the value of any prohibited donations. These Rules amend the 2003 Rules to include the forfeiture of donations made to an accredited campaigner pursuant to the Recall of MPs Act 2015 (c.25) and prescribe the appropriate form ("Form C") for such applications. In addition, the opportunity has been taken to address a formatting error in rule 1(2)(d) of the 2003 Rules.
1980 c. 43. Section 144(1) was amended by section 15(1) of, and paragraphs 99 and 102(1) and (3)(a) and (b) of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4), section 109(1), paragraph 245(1) and (2) of Schedule 8 to, the Courts Act 2003 (c. 39), article 3(2), paragraph 1(1) and (4) of Schedule 2 to, S.I. 2012/2398, section 17(6) of, and paragraph 39 and 52 of Part 2 and paragraph 99 of Part 3 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22).
S.I. 2003/1645, which was amended by S.I. 2005/617.
1983 c. 2. Schedule 2A was inserted by section 130(1) to (3) and (4) of, and Schedule 16 to, the Political Parties, Elections and Referendums Act 2000 (c. 41).
