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

• Citation: S.I. 2010/2860
• Sections: 24

Section 1 Citation and commencement

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

Section 2 Interpretation

In this Order—

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

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

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

“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.

Section 3 Provision made by Schedule 1

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

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

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

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

Section 4 Prescribed offences and prescribed restrictions and requirements

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

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

(3) Part 3 of Schedule 2 lists the restrictions and requirements prescribed for the purposes of paragraphs 1(2)(b), (3)(b) and (4)(b) (fixed monetary penalties) and 5(2)(b), (3)(b) and (4)(b) (discretionary requirements) of Schedule 19C.

Section 5 Recovery of payments

(1) In England and Wales and Northern Ireland, the Commission may recover a fixed monetary penalty, variable monetary penalty , or 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 fixed monetary penalty, variable monetary penalty, or any interest or other financial penalty for late payment as a civil debt.

Section 6 Non-compliance penalties

(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 not be less than £500 nor 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 of the penalty;

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

(d) rights of appeal; and

(e) the consequences of failure to make payment within the specified period.

(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 6 of Schedule 1, within the period set for payment of the non-compliance penalty the Commission may by notice waive, or reduce the amount of, a non-compliance penalty.

(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.

Section 7 Withdrawal or variation of notices

(1) The Commission may by notice in writing 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 in writing 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).

Section 8 Appeals

(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) or 13(1) of Schedule 19C the county court or (in Scotland) the sheriff may—

(a) withdraw, confirm or vary the requirement or notice;

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

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

(3) On an appeal under paragraph 13(2) of Schedule 19C or paragraph 8 or 16 of Schedule 1 to this Order, the county court or (in Scotland) the sheriff may make an order requiring the Commission to issue a certificate under paragraph 12 of Schedule 19C or, as the case may be, paragraph 6 or 15 of Schedule 1 to this Order.

Section 1 Prescribed amount

For the purposes of paragraph 1(5) of Schedule 19C (fixed monetary penalty) the amount prescribed is £200.

Section 2 Discharge of liability

For the purposes of paragraph 2(2) of Schedule 19C (sum by which penalty may be discharged) the sum prescribed is £200.

Section 3 Appeals

(1) An appeal under paragraph 2(6) of Schedule 19C against the decision to impose a fixed monetary penalty must be made within 28 days of the day on which the final notice was received.

(2) The penalty is suspended from the day on which the appeal is made.

(3) The suspension has effect until the day on which the appeal is determined or withdrawn.

Section 4 Late payment

(1) Subject to sub-paragraphs (4) and (5), the fixed monetary penalty must be paid within 28 days of the day on which the final notice was received.

(2) If the penalty is not paid within that period the amount payable is increased by 25%.

(3) If the penalty (as increased by sub-paragraph (2)) is not paid within 56 days of the day on which the final notice was received, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%.

(4) In the case of an appeal, any penalty which falls to be paid, whether because the court upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if not paid within that period the amount payable is increased by 25%.

(5) If the penalty (as increased by sub-paragraph (4)) is not paid within 56 days of the day of the determination or withdrawal of the appeal, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%.

Section 5 Variable monetary penalties: maximum amount

The maximum amount that the Commission may impose as a variable monetary penalty is £20,000.

Section 6 Completion

(1) Where, after the service of a compliance notice or a restoration notice on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect.

(2) A compliance notice or a restoration notice ceases to have effect on the issue of a certificate relating to that notice.

(3) A person on whom a compliance notice or a restoration notice has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within 28 days of the day on which they receive such an application.

(4) An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the compliance notice or restoration notice has been complied with.

(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to–

(a) the grounds for the decision not to issue a certificate; and

(b) rights of appeal.

(6) The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information, and if the Commission revoke a certificate, the compliance notice or restoration notice has effect as if the certificate had not been issued.

Section 7 Appeals

(1) An appeal under paragraph 6(6) of Schedule 19C against the decision to impose a discretionary requirement must be made within 28 days of the day on which the final notice was received.

(2) The requirement is suspended from the day on which the appeal is made.

(3) The suspension has effect until the day on which the appeal is determined or withdrawn.

Section 8 Appeals

(1) A person served with a compliance notice or a restoration notice may appeal to a county court or (in Scotland) the sheriff against a decision not to issue a certificate under paragraph 6 on the ground that the decision was—

(a) based on an error of fact;

(b) wrong in law; or

(c) unfair or unreasonable.

(2) An appeal must be made within 28 days of the day on which notification of the decision was received.

Section 9 Late payment

(1) Subject to sub-paragraphs (4) and (5), the variable monetary penalty must be paid within 28 days of the day on which the final notice was received.

(2) If the penalty is not paid within that period the amount payable is increased by 25%.

(3) If the penalty (as increased by sub-paragraph (2)) is not paid within 56 days of the day on which the final notice was received, the amount payable is the amount of the variable monetary penalty originally imposed increased by 50%.

(4) In the case of an appeal, any penalty which falls to be paid, whether because the court upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if it is not paid within that period the amount payable is increased by 25%.

(5) If the penalty (as increased by sub-paragraph (4)) is not paid within 56 days of the day of determination or withdrawal of the appeal the amount payable is the amount of the variable monetary penalty originally imposed increased by 50%.

Section 10 Completion certificates

(1) An application for a completion certificate must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the stop notice has been complied with.

(2) Where, on an application under paragraph 12(3) of Schedule 19C, the Commission decide not to issue a completion certificate they must notify the applicant and provide the applicant with information as to—

(a) the grounds for the decision not to issue a completion certificate; and

(b) rights of appeal.

Section 11 Completion certificates

The Commission may revoke a completion certificate if it was granted on the basis of inaccurate, incomplete or misleading information, and if the Commission revoke a completion certificate, the stop notice has effect as if the certificate had not been issued.

Section 12 Appeals

(1) An appeal under paragraph 13(1) of Schedule 19C against the decision to serve a stop notice must be made within 28 days of the day on which the notice was received.

(2) An appeal under paragraph 13(2) of Schedule 19C against a decision not to issue a completion certificate must be made within 28 days of the day on which notification of the decision was received.

Section 13 Contents of an enforcement undertaking

(1) An enforcement undertaking must be in writing and include—

(a) a statement that the undertaking is an enforcement undertaking regulated by the 2000 Act and this Order;

(b) the terms of the undertaking;

(c) the period within which the action specified in the undertaking must be completed;

(d) details of how and when a person is to be considered to have complied with the undertaking; and

(e) information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 15(2) of Schedule 19C.

(2) The enforcement undertaking may be varied or extended if both parties agree.

Section 14 Publication of enforcement undertakings

The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit.

Section 15 Compliance with an enforcement undertaking

(1) Where, after accepting an enforcement undertaking from a person, the Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect.

(2) An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking.

(3) A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within 28 days of the day on which they receive such an application.

(4) An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with.

(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to–

(a) the grounds for the decision not to issue a certificate; and

(b) rights of appeal.

(6) The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information, and if the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued.

Section 16 Appeals

(1) A person who has given an enforcement undertaking may appeal to a county court or (in Scotland) the sheriff against a decision not to issue a certificate under paragraph 15 on the ground that the decision was—

(a) based on an error of fact;

(b) wrong in law; or

(c) unfair or unreasonable.

(2) An appeal must be made within 28 days of the day on which notification of the decision was received.