Local Elections (Disclosure of Donations and Expenditure) Act, 1999
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Offences and penalties. |
21.—(1) The national agent of a political party shall be guilty of an offence if at an election he or she— | |
(a) fails to furnish to the specified local authority, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(i), or | ||
(b) furnishes to the specified local authority a statement of election expenses which, to the agent's knowledge, is false or misleading in a material respect, or | ||
(c) fails otherwise to comply with the provisions of section 13 . | ||
(2) A designated person shall be guilty of an offence if at an election he or she— | ||
(a) fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(ii), or | ||
(b) furnishes to the local authority concerned a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or | ||
(c) fails otherwise to comply with the provisions of section 13 . | ||
(3) A person to whom section 6 (7) applies shall be guilty of an offence if at an election he or she— | ||
(a) fails to notify the specified local authority or the local authority concerned in accordance with that subsection of his or her intention to incur election expenses, or | ||
(b) fails to furnish to the relevant local authority within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to subparagraph (i) or (ii) of section 13 (1)(a), or | ||
(c) furnishes to the relevant local authority a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or | ||
(d) fails otherwise to comply with the provisions of section 13 . | ||
(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to an election purporting to promote or oppose the interests of a political party or a candidate at that election at the request of any person other than the national agent or designated person of a political party, or a person authorised in writing by such agent or person or a candidate at the election or a person authorised in writing by such candidate unless that person produces to the said publisher a certificate from a local authority referred to in section 6 (9). | ||
(5) (a) Where a person is guilty of an offence under this section— | ||
(i) he or she shall be liable on summary conviction to a fine not exceeding £1,500, | ||
(ii) where the offence is an offence to which subsection (1) (b), (2) (b) or (3) (c) relates, he or she shall be liable, on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment. | ||
(b) Where a conviction relates to a failure to furnish a statement of election expenses under section 13 the person concerned shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person concerned shall be liable, on summary conviction, to a fine not exceeding £100. | ||
(6) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions. |