OpenLegislation

Paragraph 7 Access to the marked register or lists and other election documents: failure to comply with restrictions

Original text. Later amendments are not shown.

(1)

A person is guilty of an offence—

(a)

if he or she fails to comply with any of the restrictions imposed under paragraph 5; or

(b)

is an appropriate supervisor of a person (P) who fails to comply with any such restriction and he or she failed to take appropriate steps.

(2)

P is not guilty of an offence under sub-paragraph (1) if—

(a)

P has an appropriate supervisor, and

(b)

P has complied with all the requirements imposed on him or her by his or her appropriate supervisor.

(3)

A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if that person takes all reasonable steps to ensure that he or she complies with the restrictions.

(4)

In sub-paragraphs (1)(b) and (2)—

(a)

an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b)

appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of failure to comply with the restrictions.

(5)

A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.