Part X Miscellaneous and general
Enforcement of Act
I1145 General function of Commission with respect to F7... compliance with controls imposed by the Act etc.
1
F11The Commission shall have the function of monitoring, and taking such steps as they consider appropriate with a view to securing, compliance with —
a
the restrictions and other requirements imposed by or by virtue of Parts III to VII; and
b
the restrictions and other requirements imposed by other enactments in relation to—
i
election expenses incurred by or on behalf of candidates at elections, or
ii
donations to such candidates or their election agents.
2
Subsection (1)(b) does not apply in relation to local government elections in Scotland unless and to the extent that the Scottish Ministers by order so provide.
3
For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
4
Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
5
The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
6
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).
F56A
The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
a
what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
b
what it is desirable to do (or avoid doing) in view of the purpose of the requirement.
7
In this section F8, section 148 and Schedule 19B —
“election” means a relevant election for the purposes of Part II;
“election agent” includes a sub-agent.
I2146F9 Investigatory powers of Commission
Schedule 19B makes provision about the investigatory powers of the Commission.
I3147F6 Civil sanctions
Schedule 19C makes provision for civil sanctions in relation to—
a
the commission of offences under this Act;
b
the contravention of restrictions or requirements imposed by or by virtue of this Act.
I4148 General offences.
1
A person commits an offence if he—
a
alters, suppresses, conceals or destroys, or
b
causes or permits the alteration, suppression, concealment or destruction of,
F10any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of Schedule 19B, and does so with the intention of falsifying the document or enabling any person to evade any of the provisions of this Act.
2
Where the relevant person in the case of a supervised organisation, or a person acting on his behalf, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which he reasonably requires for the purposes of any of the provisions of this Act, the office-holder commits an offence if—
a
without reasonable excuse, he fails to supply the relevant person with that information as soon as is reasonably practicable, or
b
in purporting to comply with the request, he knowingly supplies the relevant person with any information which is false in a material particular.
3
A person commits an offence if, with intent to deceive, he withholds—
a
from the relevant person in the case of a supervised organisation, or
b
from a supervised individual,
any information required by the relevant person or that individual for the purposes of any of the provisions of this Act.
4
In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.
5
Subsections (1) and (3) shall apply in relation to a person who is (or has been)—
a
a candidate at an election (other than a local government election in Scotland), or
b
the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 145(1)(b).
6
In this section—
a
“supervised individual” means an individual who is a regulated donee F1regulated participant, a recognised third party or a permitted participant;
b
“supervised organisation” means—
i
a registered party or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units,
ii
a regulated donee which is a members association,
F2iia
a regulated participant which is a members association,
iii
a recognised third party other than an individual, or
iv
a permitted participant other than an individual;
c
“relevant person” means a person who is (or has been)—
i
in relation to a registered party (other than a minor party) or the central organisation of such a party, the treasurer of the party,
ii
in relation to any accounting unit of such a party, the registered treasurer of the unit,
iii
in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 7,
F3iiia
in relation to a regulated participant which is a members association, the person responsible for the purposes of Schedule 7A,
iv
in relation to a recognised third party, the responsible person for the purposes of Part VI,
v
in relation to a permitted participant, the responsible person for the purposes of Part VII;
d
“regulated donee” and “members association” have the same meaning as in Schedule 7;
F4da
“regulated participant” has the same meaning as in Schedule 7A;
e
“recognised third party” and “permitted participant” have the same meaning as in Parts VI and VII respectively.