SCHEDULE 6Campaign rules: civil sanctions

PART 2Discretionary requirements

Compliance and restoration certificates

10

1

Where, after the service of a notice under paragraph 7(5) imposing a non-monetary discretionary requirement on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect.

2

A notice served under paragraph 7(5) ceases to have effect on the issue of a certificate relating to that notice.

3

A person on whom a notice under paragraph 7(5) has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application.

4

An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the notice has been complied with.

5

Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to—

a

the grounds for the decision not to issue a certificate, and

b

rights of appeal.

6

The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

7

Where the Commission revoke a certificate, the notice has effect as if the certificate had not been issued.

8

A person who has applied for a certificate under sub-paragraph (3) may appeal to a sheriff against a decision not to issue a certificate under this paragraph on the ground that the decision was—

a

based on an error of fact,

b

wrong in law, or

c

unfair or unreasonable.

9

An appeal must be made within the period of 28 days beginning with the day on which notification of the decision is received.