SCHEDULES
C2C4C5C1C3F1SCHEDULE 19CCivil sanctions
Sch. 19C modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 6(6)(7), 19(1), Sch. 9
Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 2(7) (with Sch. 2 para. 2(8)); S.I. 2016/69, reg. 2
Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(4) (with Sch. 1 para. 44(6)); S.I. 2016/69, reg. 2
Sch. 19C modified by 2000 c. 41, Pt. 7 Ch. 2 (as modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 37(1) (with Sch. 1 para. 37(2)); S.I. 2016/69, reg. 2)
Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(5) (with Sch. 9 para. 9(6)); S.I. 2016/69, reg. 2
C6Part 6General and supplemental
Sch. 19C Pt. 6 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 50, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
Guidance as to enforcement
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1
The Commission shall prepare and publish guidance as to—
a
the sanctions (including criminal sanctions) that may be imposed on a person who—
i
commits an offence under this Act, or
ii
contravenes a restriction or requirement that is prescribed for the purposes of paragraph 1, 5, 10 or 15;
b
the action that the Commission may take in relation to such a person (whether by virtue of this Schedule or otherwise);
c
the circumstances in which the Commission are likely to take any such action.
2
The guidance must include guidance about the Commission's use of the power to impose a fixed monetary penalty, with information as to—
a
the circumstances in which such a penalty may not be imposed;
b
the amount of such a penalty;
c
how liability for such a penalty may be discharged and the effect of discharge;
d
rights to make representations and objections and rights of appeal in relation to such a penalty.
3
The guidance must include guidance about the Commission's use of the power to impose a discretionary requirement, with information as to—
a
the circumstances in which such a requirement may not be imposed;
b
rights to make representations and objections and rights of appeal in relation to such a requirement;
c
in the case of a variable monetary penalty, the matters likely to be taken into account by the Commission in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance).
4
The guidance must include guidance about the Commission's use of the power to serve a stop notice, with information as to—
a
the circumstances in which such a notice may not be served;
b
rights of appeal in relation to such a notice.
5
The guidance must include guidance about the Commission's use of the power to accept an enforcement undertaking.
6
Where appropriate, the Commission shall revise guidance published under this paragraph and publish the revised guidance.
7
The Commission shall consult such persons as they consider appropriate before publishing guidance or revised guidance under this paragraph.
8
The Commission shall have regard to the guidance or revised guidance published under this paragraph in exercising their functions.
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)