The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010

Citation and commencement

1.—(1) This Order may be cited as the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 and comes into force on 1st July 2010.

Interpretation

2.  In this Order,

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;

“a compliance notice” means a notice imposing a requirement under paragraph 5(5)(b) of Schedule 19C;

“a final notice” means a notice under paragraphs 2(4) or 6(5) of Schedule 19C;

“a notice of intent” means a notice under paragraphs 2(1) or 6(1) of Schedule 19C; and

“a restoration notice” means a notice imposing a requirement under paragraph 5(5)(c) of Schedule 19C; and

“Schedule 19C” means Schedule 19C to the 2000 Act.

Provision made by Schedule 1

3.—(1) Part 1 of Schedule 1 makes provision for fixed monetary penalties(1).

(2) Part 2 of Schedule 1 makes provision for discretionary requirements(2).

(3) Part 3 of Schedule 1 makes provision for stop notices(3).

(4) Part 4 of Schedule 1 makes provision for enforcement undertakings(4).

Prescribed offences and prescribed restrictions and requirements

4.—(1) The offences prescribed for the purposes of paragraphs 1(1)(a) (fixed monetary penalties), 5(1)(a) (discretionary requirements), 10(2)(b)(i) and 10(3)(b)(i) (stop notices), and 15(1)(a)(i) (enforcement undertakings) of Schedule 19C are specified in Part 1 of Schedule 2.

(2) The requirements or restrictions prescribed for the purposes of paragraphs 1(1)(b), 5(1)(b), 10(2)(b)(ii) and 10(3)(b)(ii), and 15(1)(a)(ii) of Schedule 19C are specified in Part 2 of Schedule 2.

(3) The offences, requirements or restrictions prescribed for the purposes of paragraph 1(2), (3) and (4) (fixed monetary penalties) and 5(2), (3) and (4) (discretionary requirements) of Schedule 19C are specified in Part 3 of Schedule 2.

Recovery of payments

5.—(1) In England and Wales and Northern Ireland, the Commission(5) may recover a monetary penalty, any interest or other financial penalty for late payment on the order of a court, as if payable under a court order.

(2) In Scotland, the Commission may recover a monetary penalty, any interest or other financial penalty for late payment as a civil debt.

Non-compliance penalties

6.—(1) The amount of a non-compliance penalty must be determined by the Commission having regard to all the circumstances of the case and must be not less than £500 or more than £20,000.

(2) The notice imposing a non-compliance penalty must include information as to—

(a) the grounds for imposing the non-compliance penalty;

(b) the amount to be paid;

(c) the period in which payment must be made, which must not be less than 28 days beginning with the date on which the notice imposing the penalty was received;

(d) rights of appeal; and

(e) the consequences of failure to make payment in the specified time.

(3) A non-compliance penalty must be paid to the Commission.

(4) If the steps specified in the compliance notice or restoration notice are completed (and a certificate is issued by the Commission under paragraph 7 of Part 2 of Schedule 1) before the time set for payment of the non-compliance penalty the Commission may by notice waive, or reduce the amount of, any penalty imposed under paragraph 9(1) of Schedule 19C.

(5) An appeal under paragraph 9(3) of Schedule 19C against a notice imposing a non-compliance penalty must be made within 28 days of the day on which the notice was received.

Withdrawal or variation of notices

7.—(1) The Commission may by notice at any time withdraw, reduce the monetary amount payable under, or reduce the steps to be taken under, any final notice.

(2) The Commission may by notice at any time withdraw a stop notice (without prejudice to their power to serve another in respect of the activity specified in the withdrawn notice).

Appeals

8.—(1) Where an appeal under paragraph 13(1) or (2) of Schedule 19C is made, the stop notice is not suspended unless suspended or varied on the order of the county court or (in Scotland) the sheriff.

(2) On an appeal under paragraph 2(6), 6(6), 9(3), 13(1) or (2) of Schedule 19C or under paragraph 16 of Part 4 of Schedule 1 to this Order the county court or (in Scotland) the sheriff may—

(a) withdraw the requirement or notice;

(b) confirm the requirement or notice;

(c) vary the requirement or notice;

(d) take such steps as the Commission could take in relation to the act or omission giving rise to the requirement or notice;

(e) remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Commission.

Transitional arrangements

9.—(1) A fixed monetary penalty or discretionary requirement may not be imposed on, nor an enforcement undertaking accepted from, a person in relation to any offence, or the contravention of any restriction or requirement, which constitutes an offence or contravention by reason of any act or omission which occurs before 1st July 2010.

(2) A stop notice may not be imposed on a person in relation to any offence, or the contravention of any restriction or requirement, which the Commission reasonably believe has occurred or will occur before 1st July 2010.

Signed by authority of the Secretary of State

Name

Minister of State

Ministry of Justice

Date