Commentary Schedule 5: Campaign rules: civil sanctions Part 4: Enforcement undertakings
299.Paragraph 18 sets out the powers of the Electoral Commission to accept an enforcement undertaking from a person whom the Commission have reasonable grounds for believing has committed a campaign offence listed in Part 7 of the schedule. An enforcement undertaking may be offered by the person suspected of the offence and outlines the action the person will take (within a specified period). The action may be with a view to preventing the recurrence of the offence or contravention or returning the position to what it would have been had the offence or contravention not taken place. Sub-paragraph (1)(d) states that the undertaking will take effect only if the Commission accept it. Sub-paragraph (2) provides that a person who has complied with the accepted undertaking will generally be exempt from other sanctions, including criminal proceedings, in relation to the acts or omissions on which the undertaking is based.
300.Paragraph 19 makes provision about the form of enforcement undertakings and provides that they may be varied by agreement between the person who has entered into it and the Commission. It also permits the Commission to publish enforcement undertakings. Paragraph 20 sets out the process by which the Commission may issue a compliance certificate for an enforcement undertaking, which has the effect that the undertaking ceases to have effect. Paragraph 21 provides for the grounds and time limit (28 days) for appeal against a decision not to issue a compliance certificate.