118.Sections 58 to 60 apply sanctions to the acceptance of donations from an impermissible source, or where the identity of the donor is not known. These provisions should be read in conjunction with section 66 which requires the treasurer of a party to declare (and makes it an offence falsely to declare) that the party has not accepted any donations from an impermissible source.
119.Section 58 enables the Electoral Commission to apply to a court to order the forfeiture of a donation which a party has accepted from a source which is either impermissible or not known. Section 59 provides for appeals against such an order. Section 60 enables rules of court to be made in respect of applications or appeals under sections 58 and 59. It also provides that any sums forfeited under these provisions shall be paid into the Consolidated Fund. Subsection (5) of section 60 specifies that, where a registered party is not a body corporate, forfeiture proceedings will be brought against the party in its own name and not in that of any of its members and that any sums forfeited will be paid out of the funds of the party.
Commentary on Sections Part IV: Control of donations to registered parties and their members etc. Chapter II (Sections 54 to 61) : Restrictions on donations to registered parties Sections 58 to 60 : Forfeiture of certain donations