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Scottish Independence Referendum Act 2013

Part 4: Enforcement undertakings

264.Paragraph 18 outlines the powers of the Electoral Commission to accept an enforcement undertaking from a person whom the Commission have reasonable grounds for believing has committed a campaign offence listed in Part 7 of schedule 6. An enforcement undertaking may be offered by the person suspected of the offence and outlines the action they will take (within a specified period). The action may be with a view to preventing the recurrence of the offence or returning the position to what it would have been had the offence not taken place. Sub-paragraph (1)(d) states that the undertaking will take effect only if the Commission accept it. Sub-paragraph (2) provides that a person who has complied with the accepted undertaking will generally be exempt from other sanctions, including criminal proceedings, in relation to the acts or omissions on which the undertaking is based as long as the undertaking is complied with.

265.Paragraph 19 makes provision about the form of enforcement undertakings and provides that they may be varied at the agreement of both the person who has entered into it and the Commission. It also permits the Commission to publish enforcement undertakings. Paragraph 20 sets out the process by which the Commission may issue a compliance certificate for an enforcement undertaking, and paragraph 21 provides for the grounds and time limit (28 days) for appeal against a decision not to issue a compliance certificate.

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