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Statutory Instruments

2016 No. 745 (L. 10)

Magistrates’ Courts, England And Wales

The Magistrates’ Courts (Forfeiture of Political Donations) (Amendment) Rules 2016

Made

12th July 2016

Laid before Parliament

14th July 2016

Coming into force

8th August 2016

The Lord Chief Justice, with the concurrence of the Lord Chancellor, and in exercise of the powers conferred by section 144(1) of the Magistrates’ Courts Act 1980( 1 ) and paragraph 19(1) of Schedule 4 to the Recall of MPs Act 2015( 2 ), makes the following Rules.

Citation and commencement and interpretation

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.

Amendment to 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

SCHEDULE

( 1 )

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) .

( 2 )

2015 c. 25 .

( 3 )

S.I. 2003/1645 , which was amended by S.I. 2005/617 .

( 4 )

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) .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Magistrates’ Courts (Forfeiture of Political Donations) (Amendment) Rules 2016 (2016/745)

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Defined TermSection/ArticleIDScope of Application
the 2003 Rulesrule 1.the_2003_R_rtW74MP

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