SCHEDULES
C2C4C5C1C3F2SCHEDULE 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 2Discretionary requirements
Sch. 19C Pts. 1-4 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)
Representations and appeals etc
6
1
Where the Commission propose to impose a discretionary requirement on a person, they shall 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 7(2)) the Commission shall 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 5.
4
The Commission may not impose a discretionary requirement on a person—
a
if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 5(1), (2), (3) or (4) (as applicable);
b
in such other circumstances as may be prescribed.
5
Where the Commission decide to impose a discretionary requirement on a person, they shall 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,
or on such other grounds as may be prescribed.
7
An appeal under sub-paragraph (6) is to F1(in England and Wales) the county court or (in Northern Ireland) a county court or (in Scotland) the sheriff.
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)