SCHEDULE 6Campaign rules: civil sanctions

PART 2Discretionary requirements

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requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.