Enforcement and investigation
Section 56 – Enforcement by the Electoral Commission
177.Section 56 and 47 enable enforcement by the Electoral Commission using investigatory powers and civil sanctions. As noted above, certain types of material are investigated by the Electoral Commission, although this does not prevent appropriate cases being referred to or investigated by the police.
178.Section 56 applies Parts 1 to 4 and 6 of Schedule 19C of PPERA and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) in respect of offences described in subsection (2). The Commission’s enforcement powers are limited to material the purpose of which is procuring electoral success for registered parties and categories of registered parties, candidates or future candidates. The police and the courts are responsible for the enforcement of offences relating to electronic material promoting particular candidates or particular future candidates.
Section 57 – Supply of information
179.To supplement enforcement of the Act, this section provides investigatory powers to gather information. The powers are those set out in Schedule 12 of the Elections Act 2022 in relation to the requirements of Part 6 of that Act.
180.Schedule 12 requires any person to comply with a notice for the supply of information to enable the Electoral Commission or a police constable to determine whether electronic material has been published in contravention of the electronic imprint regime. The information required will be identified by the Electoral Commission or police in the notice and must be information that is reasonably required to determine whether electronic material has been published in contravention of the regime or to make contact with the promoter of the material or the person on behalf of whom the material has been published (and who is not the promoter). It ensures compliance with an order through the courts. The schedule also applies restrictions on the disclosure of information. A person is not required to provide legally professionally privileged information or disclose information which would contravene data protection legislation.