 | |
| Appeal against order under section 51. |
52. - (1) Subsection (2) applies where an order ("the forfeiture order") is made under section 51 by a magistrates' court or a court of summary jurisdiction in Northern Ireland.
|
| |
(2) The registered party may, before the end of the period of 30 days beginning with the date on which the forfeiture order is made, appeal to the Crown Court or, in Northern Ireland, to a county court.
|
| |
(3) An appeal under subsection (2) shall be by way of a rehearing; and the court hearing such an appeal may make such order as it considers appropriate.
|
| |
(4) Subsections (3) and (4) of section 51 apply in relation to a rehearing on an appeal under subsection (2) as they apply in relation to proceedings under that section.
|
| |
(5) Where an order is made under section 51 by the sheriff, the registered party may appeal against the order to the Court of Session.
|
| Supplementary provisions about orders under section 51. |
53. - (1) Provision may be made by rules of court-
|
| |
(a) with respect to applications or appeals to any court under section 51 or 52, |
| |
(b) for the giving of notice of such applications or appeals to persons affected, |
| |
(c) for the joinder, or in Scotland sisting, of such persons as parties, |
| |
and generally with respect to the procedure under those sections before any court.
|
| |
(2) Subsection (1) is without prejudice to the generality of any existing power to make rules.
|
| |
(3) Any amount forfeited by an order under section 51 or 52 shall be paid into the Consolidated Fund.
|
| |
(4) Subsection (3) does not apply-
|
| |
(a) where an appeal is made under section 52(2) or (5), before the appeal is determined or otherwise disposed of; and |
| |
|
| |
(i) where the forfeiture was ordered by a magistrates' court or a court of summary jurisdiction in Northern Ireland, before the end of the period of 30 days mentioned in section 52(2); or
|
| |
(ii) where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 52(5) must be made.
|
| |
(5) In the case of a registered party which is not a body corporate-
|
| |
(a) proceedings under section 51 or 52 shall be brought against or by the party in its own name (and not in that of any of its members); |
| |
(b) for the purposes of any such proceedings any rules of court relating to the service of documents apply as if the party were a body corporate; and |
| |
(c) any amount forfeited by an order under section 51 or 52 shall be paid out of the funds of the party. |
| |
Evasion of restrictions on donations |
| Offences concerned with evasion of restrictions on donations. |
54. - (1) A person commits an offence if he-
|
| |
(a) knowingly enters into, or |
| |
(b) knowingly does any act in furtherance of, |
| |
any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a registered party by any person or body other than a permissible donor.
|
| |
(2) A person commits an offence if-
|
| |
(a) he knowingly gives the treasurer of a registered party any information relating to- |
| |
(i) the amount of any donation made to the party, or
|
| |
(ii) the person or body making such a donation,
|
| |
which is false in a material particular; or |
| |
(b) with intent to deceive, he withholds from the treasurer of a registered party any material information relating to a matter within paragraph (a)(i) or (ii). |
