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Scottish Independence Referendum Act 2013

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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.

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