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Scottish Independence Referendum Act 2013

Status:

This is the original version (as it was originally enacted).

SCHEDULE 6Campaign rules: civil sanctions

(introduced by section 12(5))

This schedule has no associated Explanatory Notes

PART 1Fixed monetary penalties

Imposition of fixed monetary penalties

1(1)The Electoral Commission may by notice impose a fixed monetary penalty on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7.

(2)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 campaign offence listed in Part 7, or

(b)has failed to comply with a requirement imposed by paragraph 23(2), (3) or (4) of schedule 4.

(3)For the purposes of this schedule a “fixed monetary penalty” is a requirement to pay to the Commission a penalty of £200.

Representations and appeals etc.

2(1)Where the Electoral Commission propose to impose a fixed monetary penalty on a person, they must 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 monetary penalty by payment of £200.

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

(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 must decide whether to impose the fixed monetary penalty.

If they decide to do so they must serve on the person a notice imposing the penalty.

(5)The Commission may not impose a fixed monetary penalty on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 1(1) or (2) (as applicable).

(6)A person on whom a fixed monetary penalty is imposed may 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.

(7)An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (4) is received.

(8)Where an appeal under sub-paragraph (6) is made, the fixed monetary penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.

Information to be included in notices under paragraph 2

3(1)A notice under paragraph 2(1) must include information as to—

(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,

(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

(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—

(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,

(f)the consequences of non-payment.

Late payment

4(1)A fixed monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 2(4) is received.

(2)If the penalty is not paid within that period the amount payable is increased by 25%.

(3)If the penalty (as increased by sub-paragraph (2)) is not paid within the period of 56 days beginning with the day on which the notice under paragraph 2(4) is received, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%.

(4)In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or because the appeal was withdrawn, is payable within the period of 28 days beginning with the day of determination or withdrawal of the appeal, and if not paid within that period the amount payable is increased by 25%.

(5)If the penalty (as increased by sub-paragraph (4)) is not paid within the period of 56 days beginning with the day of determination or withdrawal of the appeal, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%.

Fixed monetary penalties: criminal proceedings and conviction

5(1)Where a notice under paragraph 2(1) is served on a person—

(a)no criminal proceedings for a campaign offence may be instituted against the person in respect of the act or 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 time be convicted of a campaign offence 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 a campaign offence in respect of the act or omission giving rise to the penalty.

PART 2Discretionary requirements

Imposition of discretionary requirements

6(1)The Electoral Commission may impose one or more discretionary requirements on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7.

(2)The Commission may impose one or more discretionary requirements on a permitted participant if satisfied beyond reasonable doubt that the responsible person—

(a)has committed a campaign offence listed in Part 7, or

(b)has failed to comply with a requirement imposed by paragraph 23(2), (3) or (4) of schedule 4.

(3)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 up to a maximum of £10,000, (but see also sub-paragraph (6)),

(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 failure to comply 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 that the position is, so far as possible, restored to what it would have been if the offence or failure to comply had not happened.

(4)Discretionary requirements may not be imposed on the same person on more than one occasion in relation to the same act or omission.

(5)In this schedule—

  • “variable monetary penalty” means such a requirement as is referred to in sub-paragraph (3)(a),

  • “non-monetary discretionary requirement” means such a requirement as is referred to in sub-paragraph (3)(b) or (c).

(6)In the case of a variable monetary penalty imposed under sub-paragraph (1) or (2)(a), where the offence in question is—

(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.

Representations and appeals etc.

7(1)Where the Electoral Commission propose to impose a discretionary requirement on a person, they must serve on the person a notice of what is proposed.

(2)A person served with a notice under sub-paragraph (1) may make 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 8(2)) the Commission must decide 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 6.

(4)The Commission may not impose a discretionary requirement on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 6(1) or (2) (as applicable).

(5)Where the Commission decide to impose a discretionary requirement on a person, they must 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—

(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, that the nature of the requirement is unreasonable, or

(e)that the decision is unreasonable for any other reason.

(7)An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (5) is received.

(8)Where an appeal under sub-paragraph (6) is made, the discretionary requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.

Information to be included in notices under paragraph 7

8(1)A notice under paragraph 7(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,

(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 on which the notice is received.

(3)A notice under paragraph 7(5) must include information as to—

(a)the grounds for imposing the discretionary requirement,

(b)where the discretionary requirement is a variable monetary penalty—

(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,

(c)rights of appeal,

(d)the consequences of non-compliance.

Discretionary requirements: criminal conviction

9(1)A person on whom a discretionary requirement is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the requirement.

(2)Sub-paragraph (1) does not apply where—

(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 discretionary requirement.

Compliance and restoration certificates

10(1)Where, after the service of a notice under paragraph 7(5) imposing a non-monetary discretionary requirement on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect.

(2)A notice served under paragraph 7(5) ceases to have effect on the issue of a certificate relating to that notice.

(3)A person on whom a notice under paragraph 7(5) has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application.

(4)An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the notice has been complied with.

(5)Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to—

(a)the grounds for the decision not to issue a certificate, and

(b)rights of appeal.

(6)The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7)Where the Commission revoke a certificate, the notice has effect as if the certificate had not been issued.

(8)A person who has applied for a certificate under sub-paragraph (3) may appeal to a sheriff against a decision not to issue a certificate under this paragraph on the ground that the decision was—

(a)based on an error of fact,

(b)wrong in law, or

(c)unfair or unreasonable.

(9)An appeal must be made within the period of 28 days beginning with the day on which notification of the decision is received.

Failure to comply with discretionary requirements

11(1)The Electoral 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 person.

(2)The amount of a non-compliance penalty is to be determined by the Commission, but must not exceed £10,000.

(3)A non-compliance penalty must be paid to the Commission.

(4)A notice under sub-paragraph (1) must include information as to—

(a)the grounds for imposing the non-compliance penalty,

(b)the amount of the penalty,

(c)how payment may be made,

(d)the period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice imposing the penalty is received,

(e)rights of appeal, and

(f)the consequences of failure to make payment within the period specified.

(5)If, before the end of the period specified for payment of a non-compliance penalty—

(a)the person on whom the penalty was imposed has taken the steps specified in the notice imposing the non-monetary discretionary requirement to which the penalty relates, and

(b)the Commission have issued a certificate under paragraph 10(1) in respect of that notice,

the Commission may waive, or reduce the amount of, the penalty.

(6)A person served with a notice imposing a non-compliance penalty 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 because the amount is unreasonable).

(7)An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (1) is received.

(8)Where an appeal under sub-paragraph (6) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.

Late payment

12(1)A variable monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 7(5) is received.

(2)If the penalty is not paid within that period the amount payable is increased by 25%.

(3)If the penalty (as increased by sub-paragraph (2)) is not paid within 56 days of the day on which the notice under paragraph 7(5) is received, the amount payable is the amount of the penalty originally imposed increased by 50%.

(4)In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if it is not paid within that period the amount payable is increased by 25%.

(5)If the penalty (as increased by sub-paragraph (4)) is not paid within 56 days of the day of determination or withdrawal of the appeal the amount payable is the amount of the penalty originally imposed increased by 50%.

PART 3Stop notices

Imposition of stop notices

13(1)Where sub-paragraph (2) or (3) applies, the Electoral 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 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 person committing a campaign offence listed in Part 7, and

(c)the Commission reasonably believe that the activity as carried on by the person is seriously damaging public confidence in the effectiveness of the controls in schedule 4, or presents a significant risk of doing so.

(3)This sub-paragraph applies where—

(a)the person is likely to carry on the activity,

(b)the Commission reasonably believe that the activity as carried on by the person will involve or will be likely to involve the person committing a campaign offence listed in Part 7, and

(c)the Commission reasonably believe that the activity as likely to be carried on by the person will seriously damage public confidence in the effectiveness of the controls mentioned in sub-paragraph (2)(c), or will present a significant risk of doing so.

(4)The steps referred to in sub-paragraph (1) must be steps to secure that the activity is carried on or (as the case may be) will be carried 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

14A stop notice must include information as to—

(a)the grounds for serving the notice,

(b)rights of appeal,

(c)the consequences of not complying with the notice.

Completion certificates

15(1)Where, after the service of a stop notice on a person, the Electoral Commission are satisfied that the person has taken the steps specified in the notice, they must 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 for a completion certificate.

The Commission must make a decision whether to issue a completion certificate within the period of 14 days of the day on which they receive such an application.

(4)An application for a completion certificate must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the stop notice has been complied with.

(5)Where, on an application under sub-paragraph (3), the Commission decide not to issue a completion certificate they must notify the applicant and provide the applicant with information as to—

(a)the grounds for the decision not to issue a completion certificate, and

(b)rights of appeal.

(6)The Commission may revoke a completion certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7)Where the Commission revoke a completion certificate, the stop notice has effect as if the certificate had not been issued.

Appeals etc.

16(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,

(d)any step specified in the notice is unreasonable, or

(e)the person has not acted as mentioned in paragraph 13(2)(b) or (3)(b) and would not have done so even if the stop notice had not been served.

(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

(c)was unfair or unreasonable.

(3)An appeal under sub-paragraph (1) or (2) is to a sheriff.

(4)An appeal under sub-paragraph (1) against a decision to serve a stop notice must be made within the period of 28 days beginning with the day on which the stop notice is received.

(5)An appeal under sub-paragraph (2) against a decision not to issue a completion certificate must be made within the period of 28 days beginning with the day on which notification of the decision is received.

(6)Where an appeal under sub-paragraph (1) or (2) is made, the stop notice continues to have effect unless it is suspended or varied on the order of the sheriff.

Failure to comply with stop notice

17(1)A person served with a stop notice who does not comply with it commits an offence.

(2)A person who commits an offence under sub-paragraph (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both).

PART 4Enforcement undertakings

18(1)This paragraph applies where—

(a)the Electoral Commission have reasonable grounds to suspect that a person has committed a campaign offence listed in Part 7,

(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—

(i)action to secure that the offence 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 had not happened, and

(d)the Commission accept the undertaking.

(2)Unless the person has failed to comply with the undertaking or any part of it—

(a)the person may not at any time be convicted of a campaign offence 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 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 6 in respect of that act or omission.

Enforcement undertakings: further provision

19(1)An enforcement undertaking must be in writing and include—

(a)a statement that the undertaking is an enforcement undertaking regulated by this Act,

(b)the terms of the undertaking,

(c)the period within which the action specified in the undertaking must be completed,

(d)details of how and when a person is to be considered to have complied with the undertaking, and

(e)information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 18(2).

(2)The enforcement undertaking may be varied or extended if the person who has given the undertaking and the Electoral Commission agree.

(3)The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit.

Compliance certificate

20(1)Where, after accepting an enforcement undertaking from a person, the Electoral Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect.

(2)An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking.

(3)A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application.

(4)An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with.

(5)Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to—

(a)the grounds for the decision not to issue a certificate, and

(b)rights of appeal.

(6)The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7)Where the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued.

Appeals

21(1)A person who has given an enforcement undertaking may appeal to the sheriff against a decision not to issue a certificate under paragraph 20 on the ground that the decision was—

(a)based on an error of fact,

(b)wrong in law, or

(c)unfair or unreasonable.

(2)An appeal must be made within the period of 28 days beginning with the day on which notification of the Electoral Commission’s decision is received.

PART 5General and supplemental

Combination of sanctions

22(1)The Electoral 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 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 7(1) (notice of proposed discretionary requirement), or serve a stop notice on a person, in relation to any act or omission 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).

Withdrawal or variation of notice

23(1)The Electoral Commission may by notice in writing at any time withdraw a notice served under paragraph 2(4).

(2)The Commission may by notice in writing at any time—

(a)withdraw a notice served under paragraph 7(5),

(b)reduce the monetary amount payable under such a notice, or

(c)reduce the steps to be taken under such a notice.

(3)The Commission may by notice in writing at any time withdraw a stop notice (but may serve another stop notice in respect of the same activity specified in the withdrawn notice).

Use of statements made compulsorily

24(1)The Electoral Commission must not take into account a statement made by a person in compliance with a requirement imposed under schedule 5 in deciding whether—

(a)to impose a fixed monetary penalty on the person,

(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 5 (providing false information in purported compliance with a requirement under that schedule).

Unincorporated associations

25Any amount that is payable under this schedule by an unincorporated association must be paid out of the funds of the association.

Guidance as to enforcement

26(1)Guidance (and revised guidance) published by the Electoral Commission under paragraph 25 of Schedule 19C (civil sanctions) to the 2000 Act has effect, with any necessary modifications, for the purposes of this schedule as it has effect for the purposes of that Schedule.

(2)The Commission may publish additional guidance in relation to the application of this schedule.

(3)Where appropriate, the Commission must revise guidance published under sub-paragraph (2) and publish the revised guidance.

(4)The Commission must have regard to the guidance and revised guidance referred to in sub-paragraph (1) and any guidance or revised guidance published under sub-paragraph (2) or (3) in exercising their functions under this Act.

Recovery of penalties etc.

27The Electoral Commission may recover as a civil debt—

(a)a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, and

(b)any interest or other financial payment for late payment of such a penalty.

Payment of penalties etc into Scottish Consolidated Fund

28Where, in pursuance of any provision contained in or made under this schedule, the Electoral 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

(c)a sum paid as mentioned in paragraph 2(2) (in discharge of liability for a fixed monetary penalty),

they must pay it into the Scottish Consolidated Fund.

Reports on use of civil sanctions

29(1)The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule.

(2)The report must, in particular, specify—

(a)the cases in which a fixed monetary penalty or discretionary requirement was imposed or a stop notice served (other than cases in which the penalty, requirement or notice was overturned on appeal),

(b)the cases in which liability for a fixed monetary penalty was discharged as mentioned in paragraph 2(2),

(c)the cases in which an enforcement undertaking was accepted.

(3)This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be 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.

(4)The report may be made—

(a)in the report by the Commission under section 27,

(b)in a separate report made as soon as reasonably practicable after the report under section 27 is published, or

(c)partly in accordance with paragraph (a) and partly in accordance with paragraph (b).

(5)The Commission must—

(a)lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and

(b)after laying, publish the report in such manner as they may determine.

Disclosure of information

30(1)Information held by or on behalf of a procurator fiscal or a constable in Scotland may be disclosed to the Electoral Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this schedule.

(2)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into effect of this schedule.

(3)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information.

(4)This paragraph does not affect a power to disclose that exists apart from this paragraph.

Powers of sheriff

31(1)On an appeal under paragraph 2(6) the sheriff may overturn or confirm the penalty.

(2)On an appeal under paragraph 7(6), 11(6) or 16(1) the sheriff may—

(a)overturn, confirm or vary the requirement or notice,

(b)take such steps as the Electoral Commission could take in relation to the act or omission giving rise to the requirement or notice,

(c)remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Commission.

(3)On an appeal under paragraph 10(8), 16(2) or 21(1) the sheriff may make an order requiring the Commission to issue (as appropriate)—

(a)a certificate under paragraph 10(1),

(b)a completion certificate under paragraph 15(1), or

(c)a certificate under paragraph 20(1).

PART 6Interpretation

32In this schedule—

  • “completion certificate” has the meaning given in paragraph 15(1),

  • “discretionary requirement” has the meaning given in paragraph 6(3),

  • “enforcement undertaking” has the meaning given in paragraph 18(1)(b),

  • “fixed monetary penalty” has the meaning given in paragraph 1(3),

  • “non-compliance penalty” has the meaning given in paragraph 11(1),

  • “non-monetary discretionary requirement” has the meaning given in paragraph 6(5),

  • “responsible person”, in relation to a permitted participant, has the meaning given in schedule 8,

  • “restriction” includes prohibition,

  • “stop notice” has the meaning given in paragraph 13(1),

  • “variable monetary penalty” has the meaning given in paragraph 6(5).

PART 7Listed campaign offences

The following table lists campaign offences for the purposes of this schedule.

Provision creating offenceGeneral description of campaign offence
Section 14(4)(a)Failure to supply information to relevant person as required by schedules 4 to 6
Paragraph 13(2) of schedule 4Incurring referendum expenses without authority
Paragraph 14(4)(a) of schedule 4Making payment in respect of referendum expenses without authority
Paragraph 14(4)(b) of schedule 4Failure to notify responsible person of payment in respect of referendum expenses
Paragraph 15(3)(a) of schedule 4Paying claim in respect of referendum expenses where failure to comply with procedure
Paragraph 15(3)(b) of schedule 4Paying claim in respect of referendum expenses outside specified time period
Paragraph 18(3) of schedule 4Individual (other than permitted participant) exceeding limits on referendum expenses
Paragraph 18(5) of schedule 4Body (other than permitted participant) exceeding limits on referendum expenses
Paragraph 19(6) of schedule 4Permitted participant exceeding limits on referendum expenses
Paragraph 21(7)(a) of schedule 4Failure to comply with requirements for declaration
Paragraph 23(5)(a) of schedule 4Failure to deliver return to Electoral Commission
Paragraph 23(5)(b) of schedule 4Failure to comply with requirements for return to Electoral Commission
Paragraph 23(5)(c) of schedule 4Failure to deliver to the Electoral Commission a return of sums paid in pursuance of leave given to pay late claims
Paragraph 24(4)(b) of schedule 4Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with return to Electoral Commission
Paragraph 27(7) or (8) of schedule 4Printing or publishing referendum material without details of printer or publisher
Paragraph 34(7) of schedule 4Failure to provide information about donors
Paragraph 35(4) or (6) of schedule 4Failure to return donations
Paragraph 42(10)(a) of schedule 4Failure to deliver donation reports to Electoral Commission within time limits
Paragraph 42(10)(b) of schedule 4Failure to comply with requirements for recording donations in donation reports
Paragraph 43(3)(b) of schedule 4Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with donation report
Paragraph 52(1) of schedule 4Permitted participant (individual) knowingly enters into regulated transaction with unauthorised participant
Paragraph 52(2) of schedule 4Permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant
Paragraph 52(3) of schedule 4Responsible person for permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant
Paragraph 52(4) of schedule 4Permitted participant (individual) unknowingly enters into regulated transaction with unauthorised participant and fails to take steps to repay
Paragraph 52(5) or (6) of schedule 4Failure of responsible person for permitted participant (other than an individual) to take steps to repay money received in connection with a regulated transaction with an unauthorised participant which was entered into unknowingly
Paragraph 52(7) of schedule 4Permitted participant (individual) knowingly benefits from regulated transaction with unauthorised participant
Paragraph 52(8) or (9) of schedule 4Permitted participant (other than an individual) knowingly benefits from connected transaction with unauthorised participant
Paragraph 52(11) or (12) of schedule 4Failure of responsible person for permitted participant (other than an individual) to take steps to repay benefits from connected transaction with unauthorised participant which was entered into unknowingly
Paragraph 60(10)(a) of schedule 4Failure to deliver transaction reports to Electoral Commission within time limits
Paragraph 61(3)(b) of schedule 4Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with report relating to regulated transactions
Paragraph 12(1) of schedule 5Failure to comply with investigation requirement

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