Part X

Miscellaneous and general

Enforcement of Act

Duties of Commission with respect to ... compliance with controls imposed by the Act etc.
145
1
The Commission must monitor, and take all reasonable steps to secure, compliance with—
a
the restrictions and other requirements imposed by or by virtue of —
i
sections 24, 31 and 34,
ii
Parts 3 to 7, and
iii
sections 143 and 148; and
b
the restrictions and other requirements imposed by other enactments in relation to—
i
election expenses incurred by or on behalf of candidates at elections, or
ii
donations to such candidates or their election agents.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In relation to local government elections in Scotland, the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
3A
In relation to a Scottish parliamentary general election or an election held under section 9 of the Scotland Act 1998 (constituency vacancies), the reference in subsection (1)(b) to any enactment includes a reference to any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A
The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
a
what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
b
what it is desirable to do (or avoid doing) in view of the purpose of the requirement.
6B
Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).
7
In this section , section 148 and Schedule 19B —
- “election” means a relevant election for the purposes of Part II;
- “election agent” includes a sub-agent.
S. 145 wholly in force at 16.2.2001; s. 145 partly in force at Royal Assent, see s. 163(3); s. 145 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
S. 145(6A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 1(3), 43(1)(5)(a)
Word in s. 145 heading repealed (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 7; S.I. 2010/2866, art. 3(d)(h)
S. 145(1)(a) applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(1); S.I. 2016/69, reg. 2
Words in s. 145(7) substituted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 6 para. 22; S.I. 2010/2866, art. 3(d)(g)
S. 145(1)(a) applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(1); S.I. 2016/69, reg. 2
S. 145(6A) applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(1); S.I. 2016/69, reg. 2
Word in s. 145 heading substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(2), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
S. 145(6B) inserted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(4), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
S. 145(4)-(6) revoked (S.) (2.2.2022) by The Scottish Local Government Elections Amendment Order 2022 (S.S.I. 2022/38), arts. 1(2), 3(2) (with art. 1(3))
Words in s. 145(1) substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(3)(a), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
Words in s. 145(1)(a) substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(3)(b), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
S. 145(6A) applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(1); S.I. 2016/69, reg. 2
Words in s. 145(3) substituted (S.) (2.2.2022) by The Scottish Local Government Elections Amendment Order 2022 (S.S.I. 2022/38), arts. 1(2), 3(3) (with art. 1(3))
S. 145(2) revoked (S.) (2.2.2022) by The Scottish Local Government Elections Amendment Order 2022 (S.S.I. 2022/38), arts. 1(2), 3(2) (with art. 1(3))
S. 145(3A) inserted (S.) (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 3