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requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.