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Changes over time for: Paragraph 2
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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 30/01/2020.
Changes to legislation:
There are currently no known outstanding effects for the Referendums (Scotland) Act 2020, Paragraph 2.
Changes to Legislation
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2(1)Where the Electoral Commission propose to impose a fixed monetary penalty on a person, they must serve on the person a notice of what is proposed.S
(2)A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of £200.
The following provisions of this paragraph apply if the person does not do so.
(3)The person may make written representations and objections to the Commission in relation to the proposed imposition of the fixed monetary penalty.
(4)After the end of the period for making such representations and objections (see paragraph 3(2)) the Commission must decide whether to impose the fixed monetary penalty.
If they decide to do so they must serve on the person a notice imposing the penalty.
(5)The Commission may not impose a fixed monetary penalty on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 1(1) or (2) (as applicable).
(6)A person on whom a fixed monetary penalty is imposed may appeal against the decision to impose the penalty on the ground that the decision was—
(a)based on an error of fact,
(b)wrong in law, or
(c)unreasonable.
(7)An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (4) is received.
(8)Where an appeal under sub-paragraph (6) is made, the fixed monetary penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.
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