Political Parties, Elections and Referendums Act 2000

[F1 Part 6 U.K. General and supplemental

Textual Amendments

F1 Sch. 19C inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 3(2), 43(1), Sch. 2; S.I. 2010/2866, art. 3(c)(f) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 19C Pt. 6 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 50, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)

Combination of sanctions U.K.

22 (1) The Commission may not serve on a person a notice under paragraph 2(1) (notice of proposed fixed monetary penalty) in relation to any act or omission in relation to which— U.K.

(a) a discretionary requirement has been imposed on that person, or

(b) a stop notice has been served on that person.

(2) The Commission may not serve on a person a notice under paragraph 6(1) (notice of proposed discretionary requirement), or serve a stop notice on a person, in relation to any act or omission in relation to which—

(a) a fixed monetary penalty has been imposed on that person, or

(b) the person's liability for a fixed monetary penalty has been discharged as mentioned in paragraph 2(2).

Use of statements made compulsorily U.K.

23 (1) The Commission must not take into account a statement made by a person in compliance with a requirement imposed under Schedule 19B in deciding whether— U.K.

(a) to impose a fixed monetary penalty on the person;

(b) to impose a discretionary requirement on the person;

(c) to serve a stop notice on the person.

(2) Sub-paragraph (1)(a) or (b) does not apply to a penalty or requirement imposed in respect of an offence under paragraph 13(3) of Schedule 19B (providing false information in purported compliance with a requirement under that Schedule).

Unincorporated associations U.K.

24 U.K. Any amount that is payable under this Schedule by an unincorporated association shall be paid out of the funds of the association.

Guidance as to enforcement U.K.

25 (1) The Commission shall prepare and publish guidance as to— U.K.

(a) the sanctions (including criminal sanctions) that may be imposed on a person who—

(i) commits an offence under this Act, or

(ii) contravenes a restriction or requirement that is prescribed for the purposes of paragraph 1, 5, 10 or 15;

(b) the action that the Commission may take in relation to such a person (whether by virtue of this Schedule or otherwise);

(c) the circumstances in which the Commission are likely to take any such action.

(2) The guidance must include guidance about the Commission's use of the power to impose a fixed monetary penalty, with information as to—

(a) the circumstances in which such a penalty may not be imposed;

(b) the amount of such a penalty;

(c) how liability for such a penalty may be discharged and the effect of discharge;

(d) rights to make representations and objections and rights of appeal in relation to such a penalty.

(3) The guidance must include guidance about the Commission's use of the power to impose a discretionary requirement, with information as to—

(a) the circumstances in which such a requirement may not be imposed;

(b) rights to make representations and objections and rights of appeal in relation to such a requirement;

(c) in the case of a variable monetary penalty, the matters likely to be taken into account by the Commission in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance).

(4) The guidance must include guidance about the Commission's use of the power to serve a stop notice, with information as to—

(a) the circumstances in which such a notice may not be served;

(b) rights of appeal in relation to such a notice.

(5) The guidance must include guidance about the Commission's use of the power to accept an enforcement undertaking.

(6) Where appropriate, the Commission shall revise guidance published under this paragraph and publish the revised guidance.

(7) The Commission shall consult such persons as they consider appropriate before publishing guidance or revised guidance under this paragraph.

(8) The Commission shall have regard to the guidance or revised guidance published under this paragraph in exercising their functions.

Payment of penalties etc into Consolidated Fund U.K.

26 U.K. Where, in pursuance of any provision contained in or made under this Schedule, the Commission receive—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty,

(b) any interest or other financial penalty for late payment of such a penalty, or

(c) a sum paid as mentioned in paragraph 2(2) (in discharge of liability for a fixed monetary penalty),

they shall pay it into the Consolidated Fund.

Reports on use of civil sanctions U.K.

27 (1) Each report by the Commission under paragraph 20 of Schedule 1 shall contain information about the use made by the Commission of their powers under this Schedule during the year in question. U.K.

(2) The report shall, in particular, specify—

(a) the cases in which a fixed monetary penalty or discretionary requirement was imposed or a stop notice served (other than cases in which the penalty, requirement or notice was overturned on appeal);

(b) the cases in which liability for a fixed monetary penalty was discharged as mentioned in paragraph 2(2);

(c) the cases in which an enforcement undertaking was accepted.

(3) This paragraph does not require the Commission to include in a report any information that, in their opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

Disclosure of information U.K.

28 (1) Information held by or on behalf of— U.K.

(a) the Crown Prosecution Service,

(b) a member of a police force in England and Wales,

(c) a Procurator Fiscal,

(d) a constable of [F2 the Police Service of Scotland],

(e) the Public Prosecution Service for Northern Ireland, or

(f) a member of the Police Service of Northern Ireland,

may be disclosed to the Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this Schedule.

(2) It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into effect of this Schedule.

(3) A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(4) Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a) the [F3 the data protection legislation], or

[F4 (b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.]

(5) This paragraph does not affect a power to disclose that exists apart from this paragraph.]

[F5 (6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F2 Words in Sch. 19C para. 28(1)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 34

F3 Words in Sch. 19C para. 28(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 65(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F4 Sch. 19C para. 28(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 7 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

F5 Words in Sch. 19C para. 28(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 65(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)