Textual Amendments
F1Sch. 7A inserted (11.9.2006 for E.W.S. for specified purposes except for the insertion of Sch. 7A para. 16, 1.7.2008 for N.I. for specified purposes, 1.7.2009 for the insertion of Sch. 7A para. 16 for specified purposes, 4.5.2016 for the insertion of Sch. 7A para. 16 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 61(7), 77(2), Sch. 1 para 99; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1); S.I. 2009/1509, art. 2(b) (with art. 3); S.I. 2016/551, art. 2(b) (with art. 3)
12(1)Where a report required to be delivered to the Commission under paragraph 9(1), 10(1) or 11(1) is [F2, without reasonable excuse,] not delivered by the end of the period of 30 days mentioned in paragraph 9(7), 10(1) or 11(1)—U.K.
[F3(a)in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence;
(b)in the case of a members association, the association and the responsible person are guilty of an offence.]
(2)If such a report is delivered to the Commission which [F4, without reasonable excuse,] does not comply with any requirements of paragraph 9, 10 or 11 as regards the information to be given in such a report—
[F3(a)in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence;
(b)in the case of a members association, the association and the responsible person are guilty of an offence.]
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any transaction entered into by a regulated participant was attributable to an intention on the part of any person to conceal the existence or true value of the transaction, the court may make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.
(5)An order under sub-paragraph (4) may in particular—
(a)where the transaction is a loan or credit facility, require that any amount owed by the regulated participant be repaid (and that no further sums be advanced under it);
(b)where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged.]
Textual Amendments
F2Words in Sch. 7A para. 12(1) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(6)(a), 43; S.I. 2009/3084, art. 4(b) (with art. 5)
F3Sch. 7A para. 12(1)(a)(b)(2)(a)(b) substituted (1.1.2010) for Sch 7A para. 12(1)(a)(b)(2)(a)(b) and words by Political Parties and Elections Act 2009 (c. 12), ss. 16(3), 43; S.I. 2009/3084, art. 4(e) (with art. 6)
F4Words in Sch. 7A para. 12(2) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(6)(b), 43; S.I. 2009/3084, art. 4(b) (with art. 5)
F5Sch. 7A para. 12(3) repealed (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(6)(c), 39, 43, Sch. 7; S.I. 2009/3084, art. 4(b)(k) (with art. 5)