Part X Miscellaneous and general
Enforcement of Act
147 Civil penalty for failure to deliver documents etc.
(1)
This section applies where—
(a)
the requirements of section 31(4) or 34(3) are not complied with in relation to any notification required to be given by the treasurer or (as the case may be) registered leader of a registered party;
(b)
the requirements of section 45(1) or (2) are not complied with in relation to any statement of accounts, notification or auditor’s report relating to a registered party or any accounting unit of such a party;
(c)
the requirements of section 65(1) or (2) are not complied with in relation to any donation report relating to a registered party;
(d)
the requirements of section 74(6) are not complied with in relation to any notification required to be given by the treasurer of a registered party;
(e)
the requirements of section 82(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a registered party;
(f)
the requirements of section 98(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a recognised third party (within the meaning of Part VI); or
(g)
the requirements of section 122(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a permitted participant (within the meaning of Part VII).
(2)
In a case where this section applies, the relevant organisation is liable to a civil penalty under this section.
This is in addition to any criminal liability of any person under any other provision of this Act.
(3)
The amount of the penalty shall be determined by reference to the length of the period between—
(a)
the end of the period within which—
(i)
the notification mentioned in subsection (1)(a) or (d) was required to be given to the Commission, or
(ii)
the document mentioned in subsection (1)(b), (c), (e), (f) or (g) was required to be delivered to them,
as the case may be, and
(b)
the day on which the requirements are complied with,
and shall be so determined as follows:—
Length of period | Penalty |
|---|---|
Not more than 3 months. | £500 |
More than 3 months but not more than 6 months. | £1,000 |
More than 6 months but less than 12 months. | £2,000 |
(4)
If the requirements are not complied with by the end of the period of 12 months after the end of the period referred to in subsection (3)(a), a penalty of £5,000 is payable—
(a)
in respect of that period of 12 months, and
(b)
in respect of each subsequent period of 12 months during any part of which the requirements are not complied with.
(5)
Any penalty imposed by this section—
(a)
shall be recoverable in proceedings brought by the Commission as a debt due to them; and
(b)
once so recovered, shall be paid by them into the Consolidated Fund.
(6)
Where the relevant organisation is an unincorporated association, any such penalty shall be paid out of the funds of the organisation.
(7)
In the application of this section in relation to any such document as is mentioned in subsection (1)(b)—
(a)
subsection (3)(a) shall be read as referring to the end of the relevant period within the meaning of section 47 or the period specified in paragraph 8(2)(b) of Schedule 5 (as the case may be); and
(b)
in the case of a document relating to an accounting unit of a registered party—
(i)
subsection (3) shall have effect as if the sums specified in the second column of the table were instead £100, £250 and £500, and
(ii)
subsection (4) shall have effect as if the sum there specified were instead £1,000.
(8)
For the purposes of this section “the relevant organisation” is—
(a)
in a case falling within subsection (1)(a) to (e), the registered party concerned;
(b)
in a case falling within subsection (1)(f), the recognised third party concerned; and
(c)
in a case falling within subsection (1)(g), the permitted participant concerned.