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Political Parties and Elections Bill


Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

26

 

on in a way that does not involve the person acting as mentioned

in sub-paragraph (2)(b) or (3)(b).

Information to be included in stop notices

11         

A stop notice must include information as to—

(a)   

the grounds for serving the notice;

5

(b)   

rights of appeal;

(c)   

the consequences of not complying with the notice.

Completion certificates

12    (1)  

Where, after the service of a stop notice on a person, the

Commission are satisfied that the person has taken the steps

10

specified in the notice, they shall issue a certificate to that effect (a

“completion certificate”).

      (2)  

A stop notice ceases to have effect on the issue of a completion

certificate relating to that notice.

      (3)  

A person on whom a stop notice is served may at any time apply

15

for a completion certificate.

           

The Commission shall make a decision whether to issue a

completion certificate within 14 days of the day on which they

receive such an application.

Appeals etc

20

13    (1)  

A person served with a stop notice may appeal against the

decision to serve it on the ground that—

(a)   

the decision was based on an error of fact,

(b)   

the decision was wrong in law,

(c)   

the decision was unreasonable,

25

(d)   

any step specified in the notice is unreasonable, or

(e)   

the person has not acted as mentioned in paragraph

10(2)(b) or (3)(b) and would not have done so even if the

stop notice had not been served,

           

or on such other grounds as may be prescribed.

30

      (2)  

A person served with a stop notice may appeal against a decision

not to issue a completion certificate on the ground that the

decision—

(a)   

was based on an error of fact,

(b)   

was wrong in law, or

35

(c)   

was unfair or unreasonable,

           

or an such other grounds as may be prescribed.

      (3)  

An appeal under sub-paragraph (1) or (2) is to a county court or (in

Scotland) the sheriff.

Failure to comply with stop notice

40

14         

A person served with a stop notice who does not comply with it is

guilty of an offence.

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

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Part 4

Enforcement undertakings

15    (1)  

This paragraph applies where—

(a)   

the Commission have reasonable grounds to suspect that a

person—

5

(i)   

has committed a prescribed offence under this Act,

or

(ii)   

has (otherwise than by committing an offence

under this Act) contravened a prescribed

restriction or requirement imposed by or by virtue

10

of this Act,

(b)   

the person offers an undertaking (an “enforcement

undertaking”) to take such action, within such period, as is

specified in the undertaking,

(c)   

the action so specified is—

15

(i)   

action to secure that the offence or contravention

does not continue or recur,

(ii)   

action to secure that the position is, so far as

possible, restored to what it would have been if the

offence or contravention had not happened, or

20

(iii)   

action of a prescribed description,

   

and

(d)   

the Commission accept the undertaking.

      (2)  

Unless the person has failed to comply with the undertaking or

any part of it—

25

(a)   

the person may not at any time be convicted of an offence

under this Act in respect of the act or omission to which the

undertaking relates;

(b)   

the Commission may not impose on the person any fixed

monetary penalty that they would otherwise have power

30

to impose by virtue of paragraph 1 in respect of that act or

omission;

(c)   

the Commission may not impose on the person any

discretionary requirement that they would otherwise have

power to impose by virtue of paragraph 5 in respect of that

35

act or omission.

Part 5

Power to make supplementary provision etc by order

Supplementary orders: general

16    (1)  

The Secretary of State may by order (a “supplementary order”)—

40

(a)   

make provision (including transitional provision)

supplementing that made by this Schedule;

(b)   

make provision that is consequential on or incidental to

that made by this Schedule.

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

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      (2)  

The following provisions of this Part are not to be read as limiting

the power conferred by sub-paragraph (1).

      (3)  

A supplementary order may make provision amending, repealing

or revoking an enactment (whenever passed or made).

Consultation

5

17    (1)  

Before making a supplementary order the Secretary of State shall

consult the Commission and such other persons (if any) as the

Secretary of State considers appropriate.

      (2)  

If, as a result of any consultation required by sub-paragraph (1), it

appears to the Secretary of State that it is appropriate substantially

10

to change the whole or any part of the proposals, the Secretary of

State shall undertake such further consultation with respect to the

changes as the Secretary of State considers appropriate.

      (3)  

If, before the day on which this Schedule comes into effect, any

consultation was undertaken which, had it been undertaken after

15

that day, would to any extent have satisfied the requirements of

this paragraph, those requirements may to that extent be taken to

have been satisfied.

Monetary penalties

18    (1)  

A supplementary order may make any of the following provision

20

in relation to the power of the Commission to require a person to

pay a fixed monetary penalty, a variable monetary penalty or a

non-compliance penalty—

(a)   

provision for early payment discounts;

(b)   

provision for the payment of interest or other financial

25

penalties for late payment;

(c)   

provision for enforcement.

      (2)  

Provision made by virtue of sub-paragraph (1)(b) must secure that

the interest or other financial penalties for late payment do not in

total exceed the amount of the penalty itself.

30

      (3)  

Provision made by virtue of sub-paragraph (1)(c) may include—

(a)   

provision for the Commission to recover the penalty, and

any interest or other financial penalty for late payment, as

a civil debt;

(b)   

provision for the penalty, and any interest or other

35

financial penalty for late payment, to be recoverable, on

the order of a court, as if payable under a court order.

      (4)  

In relation to the power of the Commission to require a person to

pay a fixed monetary penalty, a variable monetary penalty or a

non-compliance penalty for failing to comply with a requirement

40

or undertaking by the end of a particular period, a supplementary

order may—

(a)   

make provision under which the amount of the penalty is

determined by reference to the length of time between the

end of that period and the time of compliance;

45

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

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(b)   

make provision for successive penalties to be payable in a

case of continued failure to comply.

Enforcement undertakings

19         

A supplementary order may make any of the following provision

in relation to an enforcement undertaking—

5

(a)   

provision as to the procedure for entering into an

undertaking;

(b)   

provision as to the terms of an undertaking;

(c)   

provision as to publication of an undertaking by the

Commission;

10

(d)   

provision as to variation of an undertaking;

(e)   

provision as to circumstances in which a person may be

regarded as having complied with an undertaking;

(f)   

provision as to monitoring by the Commission of

compliance with an undertaking;

15

(g)   

provision as to certification by the Commission that an

undertaking has been complied with;

(h)   

provision for appeals against refusal to give such

certification;

(i)   

in a case where a person has given inaccurate, misleading

20

or incomplete information in relation to an undertaking,

provision for the person to be regarded as not having

complied with it;

(j)   

in a case where a person has complied partly but not fully

with an undertaking, provision for that part-compliance to

25

be taken into account in the imposition of any criminal or

other sanction on the person.

Extension of time for taking criminal proceedings

20         

For the purposes of enabling criminal proceedings to be instituted

against a person in respect of an offence under this Act—

30

(a)   

in the case referred to in paragraph 8(2), or

(b)   

in a case where there has been a breach of an enforcement

undertaking or any part of an enforcement undertaking,

           

a supplementary order may make provision extending any period

within which such proceedings may be instituted.

35

Appeals

21    (1)  

A supplementary order may make any of the following provision

in relation to an appeal in respect of the imposition of a

requirement, or the service of a notice, under this Schedule—

(a)   

provision suspending the requirement or notice pending

40

determination of the appeal;

(b)   

provision as to the powers of the court to which the appeal

is made;

(c)   

provision as to how a sum payable in pursuance of a

decision of that court is to be recoverable.

45

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

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      (2)  

Provision made by virtue of sub-paragraph (1)(b) may in

particular include provision conferring on the court to which the

appeal is made—

(a)   

power to withdraw the requirement or notice;

(b)   

power to confirm the requirement or notice;

5

(c)   

power to take such steps as the Commission could take in

relation to the act or omission giving rise to the

requirement or notice;

(d)   

power to remit the decision whether to confirm the

requirement or notice, or any matter relating to that

10

decision, to the Commission;

(e)   

power to award costs or (in the case of a court in Scotland)

expenses.

Part 6

General and supplemental

15

Combination of sanctions

22    (1)  

The Commission may not serve on a person a notice under

paragraph 2(1) (notice of proposed fixed monetary penalty) in

relation to any act or omission in relation to which—

(a)   

a discretionary requirement has been imposed on that

20

person, or

(b)   

a stop notice has been served on that person.

      (2)  

The Commission may not serve on a person a notice under

paragraph 6(1) (notice of proposed discretionary requirement), or

serve a stop notice on a person, in relation to any act or omission

25

in relation to which—

(a)   

a fixed monetary penalty has been imposed on that person,

or

(b)   

the person’s liability for a fixed monetary penalty has been

discharged as mentioned in paragraph 2(2).

30

Use of statements made compulsorily

23    (1)  

The Commission must not take into account a statement made by

a person in compliance with a requirement imposed under

Schedule 19A in deciding whether—

(a)   

to impose a fixed monetary penalty on the person;

35

(b)   

to impose a discretionary requirement on the person;

(c)   

to serve a stop notice on the person.

      (2)  

Sub-paragraph (1)(a) or (b) does not apply to a penalty or

requirement imposed in respect of an offence under paragraph

12(3) of Schedule 19A (providing false information in purported

40

compliance with a requirement under that Schedule).

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

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Unincorporated associations

24         

Any amount that is payable under this Schedule by an

unincorporated association shall be paid out of the funds of the

association.

Guidance as to enforcement

5

25    (1)  

The Commission shall prepare and publish guidance as to—

(a)   

the sanctions (including criminal sanctions) that may be

imposed on a person who—

(i)   

commits an offence under this Act, or

(ii)   

contravenes a restriction or requirement that is

10

prescribed for the purposes of paragraph 1, 5, 10 or

15;

(b)   

the action that the Commission may take in relation to such

a person (whether by virtue of this Schedule or otherwise);

(c)   

the circumstances in which the Commission are likely to

15

take any such action.

      (2)  

The guidance must include guidance about the Commissioners’

use of the power to impose a fixed monetary penalty, with

information as to—

(a)   

the circumstances in which such a penalty may not be

20

imposed;

(b)   

the amount of such a penalty;

(c)   

how liability for such a penalty may be discharged and the

effect of discharge;

(d)   

rights to make representations and objections and rights of

25

appeal in relation to such a penalty.

      (3)  

The guidance must include guidance about the Commissioners’

use of the power to impose a discretionary requirement, with

information as to—

(a)   

the circumstances in which such a requirement may not be

30

imposed;

(b)   

rights to make representations and objections and rights of

appeal in relation to such a requirement;

(c)   

in the case of a variable monetary penalty, the matters

likely to be taken into account by the Commission in

35

determining the amount of the penalty (including, where

relevant, any discounts for voluntary reporting of non-

compliance).

      (4)  

The guidance must include guidance about the Commissioners’

use of the power to serve a stop notice, with information as to—

40

(a)   

the circumstances in which such a notice may not be

served;

(b)   

rights of appeal in relation to such a notice.

      (5)  

The guidance must include guidance about the Commission’s use

of the power to accept an enforcement undertaking.

45

 
 

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act

32

 

      (6)  

Where appropriate, the Commission shall revise guidance

published under this paragraph and publish the revised guidance.

      (7)  

The Commission shall consult such persons as they consider

appropriate before publishing guidance or revised guidance

under this paragraph.

5

      (8)  

The Commission shall have regard to the guidance or revised

guidance published under this paragraph in exercising their

functions.

Payment of penalties etc into Consolidated Fund

26         

Where, in pursuance of any provision contained in or made under

10

this Schedule, the Commission receive—

(a)   

a fixed monetary penalty, a variable monetary penalty or a

non-compliance penalty,

(b)   

any interest or other financial penalty for late payment of

such a penalty, or

15

(c)   

a sum paid as mentioned in paragraph 2(2) (in discharge of

liability for a fixed monetary penalty),

           

they shall pay it into the Consolidated Fund.

Reports on use of civil sanctions

27    (1)  

The Commission shall from time to time publish reports

20

specifying—

(a)   

the cases in which a fixed monetary penalty or

discretionary requirement has been imposed or a stop

notice served (other than cases in which the penalty,

requirement or notice has been overturned on appeal);

25

(b)   

the cases in which liability for a fixed monetary penalty has

been discharged as mentioned in paragraph 2(2);

(c)   

the cases in which an enforcement undertaking has been

accepted.

      (2)  

The Commission need not include in a report under this

30

paragraph any information that, in their opinion, it would be

inappropriate to include on the ground that to do so would or

might be unlawful.

Disclosure of information

28    (1)  

Information held by or on behalf of—

35

(a)   

the Crown Prosecution Service,

(b)   

a member of a police force in England and Wales,

(c)   

a Procurator Fiscal,

(d)   

a constable of a police force in Scotland,

(e)   

the Public Prosecution Service for Northern Ireland, or

40

(f)   

a member of the Police Service of Northern Ireland,

           

may be disclosed to the Commission for the purpose of the

exercise by the Commission of any powers conferred on them

under or by virtue of this Schedule.

 
 

 
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