Scottish Independence Referendum Act 2013

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penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.