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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

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

 
 

 
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