OpenLegislation

Paragraph 9 F1

United Kingdom

(1)

The Commission may by notice impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a non-monetary discretionary requirement imposed on the person.

(2)

Subject to any prescribed criteria, or any prescribed maximum or minimum amounts, the amount of a non-compliance penalty is to be such as the Commission may determine.

(3)

A person served with a notice imposing a non-compliance penalty may appeal against the notice on the ground that the decision to serve the notice—

(a)

was based on an error of fact,

(b)

was wrong in law, or

(c)

was unfair or unreasonable for any reason (for example because the amount is unreasonable),

or on such other grounds as may be prescribed.

(4)

An appeal under sub-paragraph (3) is to F2(in England and Wales) the county court or (in Northern Ireland) a county court or (in Scotland) the sheriff.

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)

F2

Words in Sch. 19C para. 9(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 121(d); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 2

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