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He's looking at the rules that set out what the Electoral Commission can do in terms of issuing fines under the 2000 Act that sets out the EC's responsibilities. What he doesn't appear to have done is look at possible breaches of The Representation of the People Act 1983 (and subsequent revisions). That's the critical question here - along with it looking like they broke spending limits by trying to pass off local spending as national expenses, did they also break the Representation of the People Act in the process. That's probably why the Electoral Commission handed things over to the Police to investigate, who I believe retain the power to press charges in these matters (though it may have changed). I'm well aware this could go nowhere, we shall just have to wait and see. If charges are bought, then that means Election Courts and Judges making the final decision.
I'd rather pay attention to what experts in the UK Constitution and Electoral Law have to say about this rather than an FT journalist with a Law degree. It's a very specialist area of the law and quite arcane in many respects. |
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