Commentary Monitoring and securing compliance with the campaign rules
226.Section 12 of the Act gives the Electoral Commission responsibility for monitoring and securing compliance with the rules contained in schedule 4. It also gives the Commission power to issue guidance on how to comply with the regulations or restrictions. Schedules 5 and 6 replicate the Commission’s usual investigatory powers and power to impose civil sanctions to help them fulfil their duties under section 12.
227.Under section 13, the Commission must make the register of declarations they hold under schedule 4, paragraph 5, the returns of referendum expenses that are publishable under paragraph 25 and the pre-poll donation and transaction reports publishable under paragraphs 44 and 62 of schedule 4, available for public inspection, either in their offices, by arrangement, or by providing a copy. The Commission are entitled to charge a reasonable fee for this service.
228.Section 14 specifies that a person commits an offence by suppressing, concealing, destroying or falsifying any document to circumvent the campaign control provisions of the Act. It is also an offence to withhold information or to fail to provide information to the relevant person without a reasonable excuse, or to provide false information. Offences under this section carry a penalty of, depending on the offence, imprisonment or a fine.
229.Section 15 states that summary proceedings under section 14 or schedules 4 to 6 may be taken in respect of a body at its place of business, and in the case of a person at any place where that person is for the time being. Subsection (2) allows criminal proceedings to be commenced at any time within 3 years after the offence is committed, or within 6 months of the prosecutor having knowledge of sufficient evidence to justify proceedings.
230.Section 16 places an obligation on the courts to notify the Electoral Commission of any campaign offences under the Act as soon as possible after they arise.