Commentary Schedule 5: Campaign rules: civil sanctions Part 3: Stop notices
297.Paragraph 13 provides that the Electoral Commission can impose a stop notice on a person in order to prevent the person from continuing or repeating a particular activity until the person has taken the steps specified in the notice. The Commission can serve a stop notice where it reasonably believes that the person’s activity is (or is likely to be) an offence listed in Part 7 of schedule 5. A stop notice can also be imposed where the Commission believe that a person’s likely activity is (or is likely to be) a listed offence. In both cases the Commission must believe that the activity, or potential activity, is seriously damaging public confidence in the effectiveness of the controls in schedule 3, or significantly risks doing so. The stop notice must specify steps which would prevent the activity being a listed offence.
298.Paragraphs 14 to 17 set out the details and limitations of how the stop notice system operates. Paragraph 14 lists the information to be included in a stop notice—the grounds for imposition, rights of appeal and consequences of non-compliance. Paragraph 15 requires the Commission to issue a ‘completion certificate’ once they are satisfied that the person has taken the steps set out in the stop notice (at which point it will cease to have effect). The person upon whom a notice has been imposed may apply for a completion certificate at any time and the Commission must make a decision on the application within 14 days of receipt. Paragraph 16 sets out how a person may appeal against the imposition of a stop notice, or against a decision not to issue a completion certificate, and provides that any appeal will be heard by a sheriff. It also sets out the grounds for appeal in both circumstances. Paragraph 17 provides that a person who does not comply with a stop notice is guilty of an offence.