Political Parties and Elections Bill

House of Commons

Session 2008 - 09
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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
23

      (4)
The Commission shall have regard to the guidance or revised
guidance published under this paragraph in exercising their
functions.
Information about use of investigatory powers in Commission’s annual report
15    (1)
Each report by the Commission under paragraph 20 of Schedule 1
5
shall contain information about the use made by the Commission
of their powers under this Schedule during the year in question.
      (2)
The report shall, in particular, specify—
(a)
the cases in which a notice was given under paragraph 1 or
2(2);
10
(b)
the cases in which premises were entered under paragraph
1(5);
(c)
the cases in which a requirement was imposed under
paragraph 2(4);
(d)
the cases in which a warrant under paragraph 3—
15
(i)
was applied for;
(ii)
was issued;
(iii)
was executed;
(e)
in relation to each warrant under paragraph 3 that was
executed—
20
(i)
what force (if any) was used to enter the premises;
(ii)
whether documents were seized;
(iii)
any other noteworthy details.
      (3)
This paragraph does not require the Commission to include in a
report any information that, in their opinion, it would be
25
inappropriate to include on the ground that to do so—
(a)
would or might be unlawful, or
(b)
might adversely affect any current investigation or
proceedings.”
Schedule 2
30
Section 3

Civil sanctions: Schedule to be inserted into the 2000 Act
“Schedule 19B
Section 147

Civil sanctions
Part 1
Fixed monetary penalties
35
Imposition of fixed monetary penalties
1     (1)
The Commission may by notice impose a fixed monetary penalty
on a person if satisfied beyond reasonable doubt that the person—
(a)
has committed a prescribed offence under this Act, or

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
24

(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
      (2)
The Commission may by notice impose a fixed monetary penalty
on a registered party if satisfied beyond reasonable doubt that a
5
person holding an office within that party—
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
10
      (3)
The Commission may by notice impose a fixed monetary penalty
on a recognised third party if satisfied beyond reasonable doubt
that the responsible person—
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
15
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
      (4)
The Commission may by notice impose a fixed monetary penalty
on a permitted participant if satisfied beyond reasonable doubt
that the responsible person—
20
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
      (5)
For the purposes of this Schedule a “fixed monetary penalty” is a
25
requirement to pay to the Commission a penalty of a prescribed
amount.
      (6)
In the case of a fixed monetary penalty imposed under sub-
paragraph (1)(a), (2)(a), (3)(a) or (4)(a), where the offence in
question is—
30
(a)
triable summarily (whether or not it is also triable on
indictment), and
(b)
punishable on summary conviction by a fine (whether or
not it is also punishable by a term of imprisonment),

the amount of the penalty may not exceed the maximum amount
35
of that fine.
Representations and appeals etc
2     (1)
Where the Commission propose to impose a fixed monetary
penalty on a person, they shall serve on the person a notice of what
is proposed.
40
      (2)
A notice under sub-paragraph (1) must offer the person the
opportunity to discharge the person’s liability for the fixed
monetary penalty by payment of a prescribed sum (which must be
less than or equal to the amount of the penalty).

The following provisions of this paragraph apply if the person
45
does not do so.

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
25

      (3)
The person may make written representations and objections to
the Commission in relation to the proposed imposition of the fixed
monetary penalty.
      (4)
After the end of the period for making such representations and
objections (see paragraph 3(2)) the Commission shall decide
5
whether to impose the fixed monetary penalty.

If they decide to do so they shall serve on the person a notice
imposing the penalty.
      (5)
The Commission may not impose a fixed monetary penalty on a
person—
10
(a)
if, taking into account (in particular) any matter raised by
the person, the Commission are no longer satisfied as
mentioned in paragraph 1(1), (2), (3) or (4) (as applicable);
(b)
in such other circumstances as may be prescribed.
      (6)
A person on whom a fixed monetary penalty is imposed may
15
appeal against the decision to impose the penalty on the ground
that—
(a)
it was based on an error of fact,
(b)
it was wrong in law, or
(c)
it was unreasonable,
20

or on such other grounds as may be prescribed.
      (7)
An appeal under sub-paragraph (6) is to a county court or (in
Scotland) the sheriff.
Information to be included in notices under paragraph 2
3     (1)
A notice under paragraph 2(1) must include information as to—
25
(a)
the grounds for the proposal to impose the fixed monetary
penalty;
(b)
the effect of payment of the sum referred to in paragraph
2(2);
(c)
the right to make representations and objections;
30
(d)
the circumstances in which the Commission may not
impose the fixed monetary penalty.
      (2)
Such a notice must also specify—
(a)
the period within which liability for the fixed monetary
penalty may be discharged, and
35
(b)
the period within which representations and objections
may be made.

Neither period may be more than 28 days beginning with the day
on which the notice is received.
      (3)
A notice under paragraph 2(4) must include information as to—
40
(a)
the grounds for imposing the fixed monetary penalty;
(b)
how payment may be made;
(c)
the period within which payment may be made;
(d)
any early payment discounts or late payment penalties;
(e)
rights of appeal;
45
(f)
the consequences of non-payment.

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
26

Fixed monetary penalties: criminal proceedings and conviction
4     (1)
Where a notice under paragraph 2(1) is served on a person—
(a)
no criminal proceedings for an offence under this Act may
be instituted against the person in respect of the act or
omission to which the notice relates before the end of the
5
period within which the person’s liability may be
discharged as mentioned in paragraph 2(2) (see paragraph
3(2));
(b)
if the liability is so discharged, the person may not at any
time be convicted of an offence under this Act in relation to
10
that act or omission.
      (2)
A person on whom a fixed monetary penalty is imposed may not
at any time be convicted of an offence under this Act in respect of
the act or omission giving rise to the penalty.
Part 2
15
discretionary requirements
Imposition of discretionary requirements
5     (1)
The Commission may impose one or more discretionary
requirements on a person if satisfied beyond reasonable doubt
that the person—
20
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
      (2)
The Commission may impose one or more discretionary
25
requirements on a registered party if satisfied beyond reasonable
doubt that a person holding an office within that party—
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
30
imposed by or by virtue of this Act.
      (3)
The Commission may impose one or more discretionary
requirements on a recognised third party if satisfied beyond
reasonable doubt that the responsible person—
(a)
has committed a prescribed offence under this Act, or
35
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
      (4)
The Commission may impose one or more discretionary
requirements on a permitted participant if satisfied beyond
40
reasonable doubt that the responsible person—
(a)
has committed a prescribed offence under this Act, or
(b)
has (otherwise than by committing an offence under this
Act) contravened a prescribed restriction or requirement
imposed by or by virtue of this Act.
45

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
27

      (5)
For the purposes of this Schedule a “discretionary requirement”
is—
(a)
a requirement to pay a monetary penalty to the
Commission of such amount as the Commission may
determine,
5
(b)
a requirement to take such steps as the Commission may
specify, within such period as they may specify, to secure
that the offence or contravention does not continue or
recur, or
(c)
a requirement to take such steps as the Commission may
10
specify, within such period as they may specify, 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.
      (6)
Discretionary requirements may not be imposed on the same
15
person on more than one occasion in relation to the same act or
omission.
      (7)
In this Schedule—
“variable monetary penalty” means such a requirement as is
referred to in sub-paragraph (5)(a);
20
“non-monetary discretionary requirement” means such a
requirement as is referred to in sub-paragraph (5)(b) or (c).
      (8)
In the case of a variable monetary penalty imposed under sub-
paragraph (1)(a), (2)(a), (3)(a) or (4)(a), where the offence in
question is—
25
(a)
triable summarily only, and
(b)
punishable on summary conviction by a fine (whether or
not it is also punishable by a term of imprisonment),

the amount of the penalty may not exceed the maximum amount
of that fine.
30
Representations and appeals etc
6     (1)
Where the Commission propose to impose a discretionary
requirement on a person, they shall serve on the person a notice of
what is proposed.
      (2)
A person served with a notice under sub-paragraph (1) may make
35
written representations and objections to the Commission in
relation to the proposed imposition of the discretionary
requirement.
      (3)
After the end of the period for making such representations and
objections (see paragraph 7(2)) the Commission shall decide
40
whether—
(a)
to impose the discretionary requirement, with or without
modifications, or
(b)
to impose any other discretionary requirement that the
Commission have power to impose under paragraph 5.
45
      (4)
The Commission may not impose a discretionary requirement on
a person—

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
28

(a)
if, taking into account (in particular) any matter raised by
the person, the Commission are no longer satisfied as
mentioned in paragraph 5(1), (2), (3) or (4) (as applicable);
(b)
in such other circumstances as may be prescribed.
      (5)
Where the Commission decide to impose a discretionary
5
requirement on a person, they shall serve on the person a notice
specifying what the requirement is.
      (6)
A person on whom a discretionary requirement is imposed may
appeal against the decision to impose the requirement on the
ground—
10
(a)
that the decision was based on an error of fact,
(b)
that the decision was wrong in law,
(c)
in the case of a variable monetary penalty, that the amount
of the penalty is unreasonable,
(d)
in the case of a non-monetary discretionary requirement,
15
that the nature of the requirement is unreasonable, or
(e)
that the decision is unreasonable for any other reason,

or on such other grounds as may be prescribed.
      (7)
An appeal under sub-paragraph (6) is to a county court or (in
Scotland) the sheriff.
20
Information to be included in notices under paragraph 6
7     (1)
A notice under paragraph 6(1) must include information as to—
(a)
the grounds for the proposal to impose the discretionary
requirement;
(b)
the right to make representations and objections;
25
(c)
the circumstances in which the Commission may not
impose the discretionary requirement.
      (2)
Such a notice must also specify the period within which
representations and objections may be made.

That period may not be less than 28 days beginning with the day
30
on which the notice is received.
      (3)
A notice under paragraph 6(5) must include information as to—
(a)
the grounds for imposing the discretionary requirement;
(b)
where the discretionary requirement is a variable
monetary penalty—
35
(i)
how payment may be made,
(ii)
the period within which payment must be made,
and
(iii)
any early payment discounts or late payment
penalties;
40
(c)
rights of appeal;
(d)
the consequences of non-compliance.

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
29

Discretionary requirements: criminal conviction
8     (1)
A person on whom a discretionary requirement is imposed may
not at any time be convicted of an offence under this Act in respect
of the act or omission giving rise to the requirement.
      (2)
Sub-paragraph (1) does not apply where—
5
(a)
a non-monetary discretionary requirement is imposed on
the person,
(b)
no variable monetary penalty is imposed on the person,
and
(c)
the person fails to comply with the non-monetary
10
discretionary requirement.
Failure to comply with discretionary requirements
9     (1)
The Commission may by notice impose a monetary penalty (a
“non-compliance penalty”) on a person for failing to comply with
a non-monetary discretionary requirement imposed on the
15
person.
      (2)
Subject to any prescribed criteria, or any prescribed maximum or
minimum amounts, the amount of a non-compliance penalty is to
be such as the Commission may determine.
      (3)
A person served with a notice imposing a non-compliance penalty
20
may appeal against the notice on the ground that the decision to
serve the notice—
(a)
was based on an error of fact,
(b)
was wrong in law, or
(c)
was unfair or unreasonable for any reason (for example
25
because the amount is unreasonable),

or on such other grounds as may be prescribed.
      (4)
An appeal under sub-paragraph (3) is to a county court or (in
Scotland) the sheriff.
Part 3
30
Stop notices
Imposition of stop notices
10    (1)
Where sub-paragraph (2) or (3) applies, the Commission may
serve on a person a notice (a “stop notice”) prohibiting the person
from carrying on an activity specified in the notice until the person
35
has taken the steps specified in the notice.
      (2)
This sub-paragraph applies where—
(a)
the person is carrying on the activity,
(b)
the Commission reasonably believe that the activity as
carried on by the person involves or is likely to involve the
40
person—
(i)
committing a prescribed offence under this Act, or