Paragraph 15 F1

(1)

This paragraph applies where—

(a)

the Commission have reasonable grounds to suspect that a person—

(i)

has committed a prescribed offence under this Act, or

(ii)

has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act,

(b)

the person offers an undertaking (an “enforcement undertaking”) to take such action, within such period, as is specified in the undertaking,

(c)

the action so specified is—

(i)

action to secure that the offence or contravention does not continue or recur,

(ii)

action to secure that the position is, so far as possible, restored to what it would have been if the offence or contravention had not happened, or

(iii)

action of a prescribed description,

and

(d)

the Commission accept the undertaking.

(2)

Unless the person has failed to comply with the undertaking or any part of it—

(a)

the person may not at any time be convicted of an offence under this Act in respect of the act or omission to which the undertaking relates;

(b)

the Commission may not impose on the person any fixed monetary penalty that they would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission;

(c)

the Commission may not impose on the person any discretionary requirement that they would otherwise have power to impose by virtue of paragraph 5 in respect of that act or omission.

Annotations

Textual amendments

F1: Sch. 19C inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 3(2), 43(1), Sch. 2; S.I. 2010/2866, art. 3(c)(f) (with art. 6)

Notes on Schedule 19C

Modifications

C1: Sch. 19C modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 6(6)(7), 19(1), Sch. 9
C2: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 2(7) (with Sch. 2 para. 2(8)); S.I. 2016/69, reg. 2
C3: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(4) (with Sch. 1 para. 44(6)); S.I. 2016/69, reg. 2
C4: Sch. 19C modified by 2000 c. 41, Pt. 7 Ch. 2 (as modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 37(1) (with Sch. 1 para. 37(2)); S.I. 2016/69, reg. 2)
C5: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(5) (with Sch. 9 para. 9(6)); S.I. 2016/69, reg. 2

Notes on Part 4

Modifications

C1: Sch. 19C Pts. 1-4 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 50, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
C2: Sch. 19C Pts. 1-4 applied (with modifications) (17.11.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 56, 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 1