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Political Parties and Elections Bill


Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

47

 

Power to make copies and records

7          

The Commission or a person authorised by the Commission—

(a)   

may make copies of, or make records of any information

contained in—

(i)   

any documents produced or inspected under this

5

Schedule;

(ii)   

any documents delivered to them in compliance

with an order under paragraph 4;

(b)   

may make copies or records of any information or

explanation provided under this Schedule.

10

Authorisation to be in writing

8          

An authorisation of a person by the Commission under this

Schedule must be in writing.

Evidence of authority to enter premises etc

9          

A person exercising a power under paragraph 2 in relation to any

15

premises shall produce evidence of the person’s authorisation if

required to do so by or on behalf of the owner, occupier or person

in charge of the premises.

Meaning of “documents”

10         

In this Schedule “documents” includes any books or records.

20

Documents in electronic form

11    (1)  

In the case of documents kept in electronic form—

(a)   

a power of the Commission under this Schedule to require

documents to be produced for inspection includes power

to require a copy of the documents to be made available for

25

inspection in legible form;

(b)   

a power of a person (“the inspector”) under this Schedule

to inspect documents includes power to require any

person on the premises in question to give any assistance

that the inspector reasonably requires to enable the

30

inspector—

(i)   

to inspect and make copies of the documents in

legible form or to make records of information

contained in them, or

(ii)   

to inspect and check the operation of any

35

computer, and any associated apparatus or

material, that is or has been in use in connection

with the keeping of the documents.

      (2)  

Paragraph 7(a) applies in relation to any copy made available as

mentioned in sub-paragraph (1)(a) above.

40

 
 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

48

 

Legal professional privilege

12         

Nothing in this Schedule requires a person to produce or provide,

or authorises a person to inspect or take possession of, anything in

respect of which a claim to legal professional privilege (in

Scotland, to confidentiality of communications) could be

5

maintained in legal proceedings.

Admissibility of statements

13    (1)  

A statement made by a person (“P”) in compliance with a

requirement imposed under this Schedule is admissible in

evidence in any proceedings (as long as it also complies with any

10

requirements governing the admissibility of evidence in the

circumstances in question).

      (2)  

But in criminal proceedings in which P is charged with an offence

other than one to which sub-paragraph (3) applies or in

proceedings within sub-paragraph (4) to which both the

15

Commission and P are parties—

(a)   

no evidence relating to the statement is admissible against

P, and

(b)   

no question relating to the statement may be asked on

behalf of the prosecution or (as the case may be) the

20

Commission in cross-examination of P,

           

unless evidence relating to it is adduced, or a question relating to

it is asked, in the proceedings by or on behalf of P.

      (3)  

This sub-paragraph applies to—

(a)   

an offence under paragraph 14(3);

25

(b)   

an offence under section 5 of the Perjury Act 1911 (false

statements made otherwise than on oath);

(c)   

an offence under section 44(2) of the Criminal Law

(Consolidation) (Scotland) Act 1995 (false statements made

otherwise than on oath);

30

(d)   

an offence under Article 10 of the Perjury (Northern

Ireland) Order 1979 (false statements made otherwise than

on oath).

      (4)  

Proceedings are within this sub-paragraph if they arise out of the

exercise by the Commission of any of their powers under Schedule

35

19C other than powers in relation to an offence under paragraph

14(3) below.

Offences

14    (1)  

A person who fails, without reasonable excuse, to comply with

any requirement imposed under or by virtue of this Schedule

40

commits an offence.

      (2)  

A person who intentionally obstructs a person authorised by or by

virtue of this Schedule in the carrying out of that person’s

functions under the authorisation commits an offence.

 
 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

49

 

      (3)  

A person who knowingly or recklessly provides false information

in purported compliance with a requirement imposed under or by

virtue of this Schedule commits an offence.

Guidance by Commission

15    (1)  

The Commission shall prepare and publish guidance as to—

5

(a)   

the circumstances in which the Commission are likely to

give a notice under paragraph 1 or 3(2);

(b)   

the consequences (including criminal sanctions) that may

result from a failure to comply with such a notice;

(c)   

the circumstances in which the Commission are likely to

10

exercise their power under paragraph 2;

(d)   

the procedures to be followed in connection with

questioning under paragraph 3(4);

(e)   

the circumstances in which the Commission are likely to

apply for an order under paragraph 4 or 5;

15

(f)   

the principles and practices to be applied in connection

with the exercise of powers under paragraphs 6 and 7;

(g)   

any other matters concerning the exercise of powers under

this Schedule about which the Commission consider that

guidance would be useful.

20

      (2)  

Where appropriate, the Commission shall revise guidance

published under this paragraph and publish the revised guidance.

      (3)  

The Commission shall consult such persons as they consider

appropriate before publishing guidance or revised guidance

under this paragraph.

25

      (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

16    (1)  

Each report by the Commission under paragraph 20 of Schedule 1

30

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

3(2);

35

(b)   

the cases in which premises were entered under paragraph

2;

(c)   

the cases in which a requirement was imposed under

paragraph 3(4);

(d)   

the cases in which an order under paragraph 4 or 5—

40

(i)   

was applied for;

(ii)   

was made.

      (3)  

This paragraph does not require the Commission to include in a

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

inappropriate to include on the ground that to do so—

45

 
 

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

50

 

(a)   

would or might be unlawful, or

(b)   

might adversely affect any current investigation or

proceedings.”

Schedule 2

Section 3

 

Civil sanctions: Schedule to be inserted into the 2000 Act

5

“Schedule 19C

Section 147

 

Civil sanctions

Part 1

Fixed monetary penalties

Imposition of fixed monetary penalties

10

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

(b)   

has (otherwise than by committing an offence under this

Act) contravened a prescribed restriction or requirement

15

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

person holding an office within that party—

(a)   

has committed a prescribed offence under this Act, or

20

(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.

      (3)  

The Commission may by notice impose a fixed monetary penalty

on a recognised third party if satisfied beyond reasonable doubt

25

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.

30

      (4)  

The Commission may by notice impose a fixed monetary penalty

on a permitted participant 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

35

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

requirement to pay to the Commission a penalty of a prescribed

amount.

40

 
 

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

51

 

      (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—

(a)   

triable summarily (whether or not it is also triable on

indictment), and

5

(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.

Representations and appeals etc

10

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.

      (2)  

A notice under sub-paragraph (1) must offer the person the

opportunity to discharge the person’s liability for the fixed

15

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

does not do so.

      (3)  

The person may make written representations and objections to

20

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

whether to impose the fixed monetary penalty.

25

           

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—

(a)   

if, taking into account (in particular) any matter raised by

30

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

appeal against the decision to impose the penalty on the ground

35

that—

(a)   

it was based on an error of fact,

(b)   

it was wrong in law, or

(c)   

it was unreasonable,

           

or on such other grounds as may be prescribed.

40

      (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—

 
 

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

52

 

(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;

5

(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

10

(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—

15

(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;

20

(f)   

the consequences of non-payment.

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

25

omission to which the notice relates before the end of the

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

30

time be convicted of an offence under this Act in relation to

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.

35

Part 2

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

40

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

53

 

(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

requirements on a registered party if satisfied beyond reasonable

5

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

imposed by or by virtue of this Act.

10

      (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

(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 impose one or more discretionary

requirements 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 “discretionary requirement”

25

is—

(a)   

a requirement to pay a monetary penalty to the

Commission of such amount as the Commission may

determine,

(b)   

a requirement to take such steps as the Commission may

30

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

specify, within such period as they may specify, to secure

35

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

person on more than one occasion in relation to the same act or

40

omission.

      (7)  

In this Schedule—

“variable monetary penalty” means such a requirement as is

referred to in sub-paragraph (5)(a);

“non-monetary discretionary requirement” means such a

45

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—

 
 

 
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