Political Parties and Elections Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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
27

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
29

(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
31

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.