Section 150.
Commencement Information
I1Sch. 20 wholly in force at 16.2.2001; Sch. 20 not in force at Royal Assent, see s. 163(2); Sch. 20 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
| Provision creating offence | Penalty |
|---|---|
| Section 24(8) (registration as treasurer where convicted of certain offences) | On summary conviction: Level 5 |
| Section 39 (false statements) | On summary conviction: Level 5 |
| Section 43(7) (failure to deliver statement relating to auditor’s resignation etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 44(4) (making false statement to auditor) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 47(1)(a) (failure to deliver proper statement of accounts) | On summary conviction: Level 5 |
| Section 47(1)(b) (failure to deliver accounts within time limits) | On summary conviction: Level 5 |
| Section 54(7) (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 56(3) or (4) (failure to return donations) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 61(1) (facilitating the making of donations by impermissible donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 61(2)(a) (knowingly giving treasurer false information about donations) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 61(2)(b) (withholding information about donations from treasurer with intent to deceive) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 65(3) (failure to deliver donation reports to Commission within time limits) | On summary conviction: Level 5 |
| Section 65(4) (failure to comply with requirements for recording donations in donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 66(5) (making a false declaration about donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| F1. . . | F1. . . |
| [F2Section 71E(5) (disclosing Northern Ireland donation reports) | On summary conviction in England and Wales: statutory maximum or 51 weeks On summary conviction elsewhere: statutory maximum or 6 months] |
| [F3Section 71L(1) (registered party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(2) (treasurer of party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71L(3) (party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(4) (treasurer failing to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71L(5) (party benefiting from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(6) (treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71L(7) (party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(8) (treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71L(9) (facilitating a regulated transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71S(4) (failure to deliver transaction reports to Commission within time limits) | On summary conviction: Level 5 |
| Section 71S(5) (failure to comply with requirements for recording transactions in transaction report) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Section 71T(5) (making a false declaration about transaction report) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year.] |
| [F5Section 71Z4(5)(disclosing Northern Ireland transaction reports) | On summary conviction in England and Wales: Level 5 or 51 weeks On summary conviction elsewhere: Level 5 or 6 months] |
| Section 73(8) (making a false declaration about value of property etc.) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 74(4) (acceptance by ineligible person of office of deputy treasurer) | On summary conviction: Level 5 |
| Section 75(2) (incurring campaign expenditure without authority) | On summary conviction: Level 5 |
| Section 76(4)(a) (making payments in respect of campaign expenditure without authority) | On summary conviction: Level 5 |
| Section 76(4)(b) (failure to notify treasurer of payments in respect of campaign expenditure) | On summary conviction: Level 5 |
| Section 77(3)(a) (paying claim in respect of campaign expenditure where failure to comply with procedure) | On summary conviction: Level 5 |
| Section 77(3)(b) (paying claim in respect of campaign expenditure outside specified time period) | On summary conviction: Level 5 |
| Section 79(2) (exceeding limits on campaign expenditure) | On summary conviction: statutory maximum On indictment : fine |
| Section 82(4)(a) (failure of treasurer to deliver return and auditor’s report to Commission) | On summary conviction: Level 5 |
| Section 82(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 82(4)(c) (failure of treasurer to deliver return and court order to Commission) | On summary conviction: Level 5 |
| Section 83(3)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 83(3)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 86(8) (making false declaration about value of property etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| [F6Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1)) | On summary conviction in England and Wales: fine On summary conviction in Scotland or Northern Ireland: statutory maximum On indictment: fine] |
| Section 90(2) (incurring controlled expenditure without authority) | On summary conviction: level 5 |
| Section 91(4)(a) (making payments in respect of controlled expenditure without authority) | On summary conviction: Level 5 |
| Section 91(4)(b) (failure to notify responsible person of payments in respect of controlled expenditure) | On summary conviction: Level 5 |
| Section 92(3)(a) (paying claim in respect of controlled expenditure where failure to comply with procedure) | On summary conviction: Level 5 |
| Section 92(3)(b) (paying claim in respect of controlled expenditure outside specified time period) | On summary conviction: Level 5 |
| Section 94(2) or (4) (exceeding limits on controlled expenditure) | On summary conviction: statutory maximum On indictment : fine |
| [F7Section 94E(2) or (3) (exceeding limits on targeted controlled expenditure when not authorised) | On summary conviction: statutory maximum |
| On indictment: fine | |
| Section 94F(6) (making false declaration about amount of expenditure incurred by or on behalf of third party and targeted at the registered party) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year ] | |
| [F8Section 95C(1)(a) (failure of responsible person to deliver quarterly or weekly report to Commission) | On summary conviction: Level 5 |
| Section 95C(1)(b) (failure to deliver signed declaration with quarterly or weekly report to the Commission) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year | |
| Section 95C(1)(c) (failure to comply with requirements for quarterly or weekly reports) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year | |
| Section 95C(2) (making a false declaration to Commission when delivering quarterly or weekly report) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year] | |
| Section 98(4)(a) (failure of responsible person to deliver return and auditor’s report to Commission) | On summary conviction: Level 5 |
| [F9Section 98(4)(aa) (failure of responsible person to deliver statement of accounts and auditor's report to Commission) | On summary conviction: Level 5] |
| Section 98(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| [F9Section 98(4)(ba) (failure to comply with requirements for statements of accounts) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year ] | |
| Section 98(4)(c) (failure to deliver return and court order to Commission) | On summary conviction: Level 5 |
| Section 99(4)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 99(4)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| [F9Section 99A(3)(a) (making a false declaration to Commission when delivering statement of accounts) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year | |
| Section 99A(3)(b) (failure to deliver signed declaration with statement of accounts to Commission) | On summary conviction: statutory maximum or 6 months |
| On indictment: fine or 1 year ] | |
| Section 112(8) (making a false declaration about value of property etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 113(2) (incurring referendum expenses without authority) | On summary conviction: Level 5 |
| Section 114(4)(a) (making payments in respect of referendum expenses without authority) | On summary conviction: Level 5 |
| Section 114(4)(b) (failure to notify responsible person of payments in respect of referendum expenses) | On summary conviction: Level 5 |
| Section 115(3)(a) (paying claim in respect of referendum expenses where failure to comply with procedure) | On summary conviction: Level 5 |
| Section 115(3)(b) (paying claim in respect of referendum expenses outside specified time period) | On summary conviction: Level 5 |
| Section 117(2) (individual (other than permitted participant) exceeding limits on referendum expenses) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 117(3) or (4) (body (other than permitted participant) exceeding limits on referendum expenses) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 118(2) (permitted participant exceeding limits on referendum expenses) | On summary conviction: statutory maximum On indictment : fine |
| Section 122(4)(a) (failure to deliver return and auditor’s report to Commission) | On summary conviction: Level 5 |
| Section 122(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 122(4)(c) (failure to deliver return and court order to Commission) | On summary conviction: Level 5 |
| Section 123(4)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 123(4)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 126(8) or (9) (printing or publishing referendum material without details of printer or publisher) | On summary conviction: Level 5 |
| Section 143(8) or (9) (printing or publishing election material without details of printer or publisher) | On summary conviction: Level 5 |
| F10. . . | F10. . . |
| F10. . . | F10. . . |
| Section 148(1) (alteration of documents etc.) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 148(2)(a) (failure to supply relevant person with information) | On summary conviction: Level 5 |
| Section 148(2)(b) (supplying relevant person with false information) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Section 148(3) (withholding information from relevant person with intent to deceive) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| [F11Paragraph 1B of Schedule 7 (failure by members association to comply with requirement to appoint responsible person) | On summary conviction: Level 5] |
| Paragraph 6(5) of Schedule 7 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Paragraph 12(1) of Schedule 7 (failure to deliver donation report to Commission within time limit) | On summary conviction: Level 5 |
| Paragraph 12(2) of Schedule 7 (failure to comply with requirements for recording donations in donation reports) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Paragraph 13(4) of Schedule 7 (making a false declaration about donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| F1. . . | F1. . . |
| [F12Paragraph 17(4) of Schedule 7 (knowingly giving compliance officer false information about donations) | On summary conviction in England and Wales or Scotland: statutory maximum or [F13the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland)] On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year] |
| [F14Paragraph 8(1) of Schedule 7A (individual regulated participant knowingly enters controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(2) of Schedule 7A (responsible person of members association which enters controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(3) of Schedule 7A (individual regulated participant failing to repay money obtained under controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(4) of Schedule 7A (responsible person failing to repay money obtained by members association under controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(5) of Schedule 7A (individual regulated participant knowingly benefits from connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(6) of Schedule 7A (responsible person of members association which knowingly benefits from connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(7) of Schedule 7A (individual regulated participant failing to repay value of benefit obtained in consequence of connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(8) of Schedule 7A (responsible person failing to repay value of benefit obtained by members association in consequence of connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 8(9) of Schedule 7A (facilitating controlled transaction involving unauthorised participant) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 12(1) of Schedule 7A (failure to deliver transaction report to Commission within time limit) | On summary conviction: Level 5 |
| Paragraph 12(2) of Schedule 7A (failure to comply with requirements for recording transactions on transaction reports) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year |
| Paragraph 13(4) of Schedule 7A (making a false declaration about a transaction report) | On summary conviction: statutory maximum or [F4the general limit in a magistrates’ court] On indictment: fine or 1 year] |
| Paragraph 6(7) of Schedule 11 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year |
| Paragraph 6(8) of Schedule 15 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months: On indictment : fine or 1 year |
| [F15Paragraph 6(1) of Schedule 19A (failure to give notification or report within specified period) | On summary conviction: Level 5 |
| Paragraph 6(2) of Schedule 19A (giving notification or report that fails to comply with requirements of that Schedule) | On summary conviction in England and Wales or Scotland: statutory maximum or [F13the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland)] On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year |
| Paragraph 6(3) of Schedule 19A (making false declaration in notification or report) | On summary conviction in England and Wales or Scotland: statutory maximum or [F13the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland)] On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year] |
| [F16Paragraph 13(1) of Schedule 19B (failure to comply with investigation requirement) | On summary conviction: Level 5 |
| Paragraph 13(2) of Schedule 19B (intentional obstruction of person exercising investigatory power) | On summary conviction: Level 5 |
| Paragraph 13(3) of Schedule 19B (providing false information in purported compliance with investigation requirement) | On summary conviction in England and Wales or Scotland: statutory maximum or [F13the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland)] On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year] |
| [F17Paragraph 14 of Schedule 19C (failure to comply with stop notice) | [F18On summary conviction in England and Wales: fine or the general limit in a magistrates’ court] [F19On summary conviction in] Scotland: £20,000 or 12 months On summary conviction in Northern Ireland: £20,000 or 6 months On indictment: fine or 2 years] |
Textual Amendments
F1Sch. 20 table: entries repealed (11.9.2006) by Electoral Administration Act 2006 c. 22, ss. 74, 77(2), Sch. 1 para. 155, Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(k), 26(3)(c) (subject to art. 4, Sch. 2)
F2Sch. 20 table: entry relating to s. 71E(5) inserted (1.11.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(b), 14(1)(2), 31(2), Sch. 1 para. 2 (as amended: (2.8.2010) by S.I. 2010/2061, arts. 1, 2; (1.3.2011) by S.I. 2011/431, arts. 1(2), 2; (28.2.2013) by S.I. 2013/320, arts. 1(2), 2; and (13.3.2014) by 2014 c. 13, ss. 1(1), 28(1)(a)(i))
F3Sch. 20 table: entries inserted (11.9.2006 for E.W.S for certain purposes, 1.7.2008 for N.I) by virtue of Electoral Administration Act 2006 c. 22, ss. 61(6), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (as substituted by S.I. 2006/2268, art. 3); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)
F4Words in Sch. 20 table substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F5Sch. 20 table: entry relating to s. 71Z4(5) inserted (1.7.2008) by The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008, arts. 1(2), 5, Sch. 1 para. 2 (as amended: (2.8.2010) by S.I. 2010/2061, arts. 1, 3; (1.3.2011) by S.I. 2011/431, arts. 1(2), 3; (28.2.2013) by S.I. 2013/320, arts. 1(2), 3; and (13.3.2014) by 2014 c. 13, ss. 2(1)(a), 28(1)(b)(i))
F6Words in Sch. 20 table inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 26(2), 67(1) (with s. 26(3)(4)); S.I. 2022/1226, reg. 2(c)
F7Sch. 20 entries inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 30(9), 45(3)(b) (with s. 46(1)(2))
F8Sch. 20 entries inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 33(8), 45(3)(b) (with s. 46(1)(2))
F9Sch. 20 entries inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 35(9), 45(3)(b) (with s. 46(1)(2))
F10Sch. 20 entries repealed (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 7; S.I. 2010/2866, art. 3(d)(h)
F11Sch. 20 table: entry relating to Sch. 7 para. 1B inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 14(5), 43 (with s. 40); S.I. 2009/3084, art. 4(c) (with art. 6)
F12Sch. 20 table: entry relating to Sch. 7 para. 17(4) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 15(2), 43 (with s. 40); S.I. 2009/3084, art. 4(d)
F13Words in Sch. 20 table substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 8(2)
F14Sch. 20 table: entries inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I.) by Electoral Administration Act 2006, (c. 22), ss. 61(7), 77(2), Sch. 1 para. 101; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)
F15Sch. 20 table: entries relating to Sch. 19A inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 19(3), 43(1)(5)(c) (with s. 40)
F16Words in Sch. 20 inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 2(3), 43(1) (with s. 40); S.I. 2010/2866, art. 3(b) (with art. 5)
F17Words in Sch. 20 inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 3(3), 43(1) (with s. 40); S.I. 2010/2866, art. 3(c) (with art. 6)
F18Words in Sch. 20 table substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 8(3)
F19Words in Sch. 20 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 30(b) (with reg. 5(1))