Political Parties, Elections and Referendums Act 2000

[F1 Imposition of discretionary requirements U.K.

Textual Amendments

F1 Sch. 19C inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 3(2), 43(1), Sch. 2; S.I. 2010/2866, art. 3(c)(f) (with art. 6)

5 (1) The Commission may impose one or more discretionary requirements on a person if satisfied beyond reasonable doubt that the person— U.K.

(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.

(2) The Commission may impose one or more discretionary requirements 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

(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 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 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—

(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” 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 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 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 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 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—

(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.]