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

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 ISBN 978-0-11-149816-3

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.

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