Schedule 2: Civil sanctions: Schedule to be inserted into the 2000 Act Part 1: Fixed monetary penalties
241.Paragraph 1 allows the Electoral Commission to impose fixed monetary penalties where they are satisfied beyond reasonable doubt that a prescribed offence under the 2000 Act has been committed or that a contravention of a prescribed requirement or restriction contained in that Act has taken place. “Prescribed” means prescribed in an order by the Secretary of State. Under sub-paragraph (1) a fixed monetary penalty can be imposed on a person who has committed the breach. In this context a “person” means any entity regulated under PPERA, including a regulated individual, party, third party or permitted participant.
242.Sub-paragraphs (2) to (4) allow the Commission to impose a fixed monetary penalty on a political party, a recognised third party or a permitted participant respectively, where a person acting on behalf of that organisation has committed an offence. These sub-paragraphs allow the penalty to be imposed in addition to any penalty imposed under sub-paragraph (1). The purpose of the additional sub-paragraphs (2) to (4) is primarily to enable an order made under paragraph 16 of this Schedule to replicate or expand upon the approach in the previous section 147 of the 2000 Act, whereby civil sanctions could be imposed on an organisation for the act of one of its officers. So, for example, in the case of a registered party a notice may be served on the party itself if the Commission are satisfied beyond reasonable doubt that a person holding office within the party has committed an offence or contravened a requirement that has been prescribed for the purposes of sub-paragraph (2). Doing so would have no effect on the position that the individual or the party may, as a separate matter, be primarily liable itself for an offence or breach of requirement, and therefore subject to a penalty, that has been prescribed for the purposes of sub-paragraph (1).
243.Sub-paragraph (5) explains that the imposition of a fixed monetary penalty will require the individual or other person concerned to pay a prescribed amount of money to the Commission. Sub-paragraph (6) states that where an individual is issued with a fixed monetary penalty for an offence which is triable summarily (whether or not it can also be tried on indictment) and punishable on summary conviction by a fine, the penalty imposed must not be higher than the maximum fine available in summary proceedings.
244.Paragraph 2 sets out the representations and appeals processes. Sub-paragraph (1) requires the Commission to serve notice of any intention to impose a fixed monetary penalty on a person. This notice must offer the person the opportunity to discharge the penalty at that point by paying a prescribed amount, which cannot exceed the amount of the proposed penalty (sub-paragraph (2)). Alternatively, the person can opt to make written representations and objections to the Commission against the proposal to impose the penalty (sub-paragraph (3)). If the deadline for making representations and objections passes without the person having paid the prescribed amount under sub-paragraph (2), the Commission must decide whether to impose the penalty. If the Commission does decide to impose it, a further notice recording that must be served on the relevant person (sub-paragraph (4)). Sub-paragraph (5) provides that if the person’s representations have raised any matter that leads the Commission to no longer suspect the person of having committed a prescribed offence or contravened a prescribed requirement or restriction of the 2000 Act, the Commission may not impose the penalty. That sub-paragraph also enables the Secretary of State to prescribe other circumstances in which a penalty may not be imposed. The person may appeal against the decision to impose the penalty on the grounds set out in sub-paragraph (6). Sub-paragraph (7) specifies that these appeals will be made to a county court, or in Scotland the sheriff.
245.Paragraph 3 explains 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 information such as the grounds for imposition of the sanction, the right to make representations or appeals and the time periods in which these can be made.
246.Paragraph 4 limits the criminal proceedings that can be taken against a person for a prescribed offence or other breach of the 2000 Act that may be dealt with by way of fixed monetary penalty. Under sub-paragraph (1) 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 sub-paragraph also precludes such proceedings being taken against a person who does discharge liability by making a payment under paragraph 2(2). Finally, paragraph 4(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.