Commentary Schedule 5: Campaign rules: civil sanctions Part 1: Fixed monetary penalties
285.Paragraph 1 allows the Electoral Commission to impose fixed monetary penalties of £200 where they are satisfied beyond reasonable doubt that a campaign offence listed in Part 7 of schedule 5 has been committed or, in the case of a permitted participant, where there has been a contravention of requirements to deliver certain returns under paragraph 24 of schedule 3. The penalties can be imposed either on a person or on a permitted participant where the responsible person for that permitted participant has committed the offence.
286.Paragraph 2 sets out the representations and appeals processes. The Commission must serve notice of an intention to impose a fixed monetary penalty on a person. This must offer the opportunity to discharge the penalty by paying £200. Alternatively, the person can opt to make written representations and objections to the Commission against the penalty. If the deadline for making representations and objections passes without the person having paid, the Commission must decide whether to impose the penalty and serve a further notice imposing the penalty on the relevant person (sub-paragraph (4)). If the person’s representations have raised any matter that leads the Commission no longer to be satisfied that the person was at fault, the Commission may not impose the penalty. The person may appeal to the sheriff against the decision to impose the penalty on the grounds set out in sub-paragraph (6) within 28 days of a notice imposing the penalty being received, and the penalty is suspended until the appeal is determined or withdrawn.
287.Paragraph 3 sets out what information the Commission must include when giving notice of an intention to impose a fixed monetary penalty on a person or when giving notice of a subsequent decision to impose the penalty. This must include the grounds for imposition of the sanction, the right to make representations or appeals and the time periods in which these can be made.
288.Paragraph 4 makes provision for the late payment of fixed monetary penalties. If the penalty is not paid within 28 days of the notice being received, the amount of the penalty is increased by 25%, and if it is not paid within 56 days, the amount is increased by 50%. Where a penalty is upheld on appeal, or such an appeal withdrawn, similar increases apply from the determination or withdrawal of the appeal.
289.Paragraph 5 limits the criminal proceedings that can be taken against a person for a listed campaign offence or other breach that may be dealt with by way of a fixed monetary penalty. If the Commission notify the person of their intention to impose a fixed monetary penalty for the breach, no criminal proceedings for the breach can be brought during the period when liability can be discharged under paragraph 2(2). This paragraph also precludes such proceedings being taken against a person who does discharge liability by making the payment. Finally, paragraph 5(2) precludes a person on whom the Commission imposes a fixed monetary penalty under paragraph 2(4) from being convicted of an offence for the breach.