Article 31 False statements in nomination papers etc.

(1)

A person is guilty of a corrupt practice if, at a Scottish parliamentary election, he causes or permits to be included in a document delivered or otherwise furnished to a constituency returning officer or a regional returning officer for use in connection with the election–

(a)

a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

(b)

anything which purports to be the signature of a person who subscribes a nomination paper but which he knows–

(i)

was not written by the person by whom it purports to have been written; or

(ii)

if written by that person, was not written by him for the purpose of subscribing that nomination paper; or

(c)

a certificate under rule 7(2) of the Scottish Parliamentary Election Rules authorising the use by a registered political party of a description if he knows that a candidate on that party’s list of candidates is also an individual candidate or a party list candidate for another registered political party at that Scottish parliamentary election or is a candidate in another Scottish parliamentary election in which the poll is to be held on the same day as the election to which the certificate relates; or

(d)

a certificate under rule 8(1) of the Scottish Parliamentary Election Rules authorising the use by a constituency candidate of a description if he knows that the candidate is a candidate in another Scottish parliamentary constituency election in which the poll is to be held on the same day as the election to which the certificate relates.

(2)

A person is guilty of a corrupt practice if, in the case of a constituency election, he makes in any document in which he gives his consent to nomination as a candidate–

(a)

a statement of his date of birth;

(b)

a statement as to his qualification for membership of the Scottish parliament; or

(c)

a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which he knows to be false in any particular.

(3)

A person is guilty of a corrupt practice if, in the case of an individual candidate at a regional election, he makes in any document in which he gives his consent to nomination as a candidate–

(a)

a statement of his date of birth;

(b)

a statement as to his qualification for membership of the Scottish parliament; or

(c)

a statement that he is not a party list candidate at that regional election nor a candidate in another Scottish parliamentary election the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which he knows to be false in any particular.

(4)

A person is guilty of a corrupt practice if, in the case of a party list candidate at a regional election, he makes in any document in which he gives his consent to nomination as a candidate–

(a)

a statement of his date of birth;

(b)

a statement as to his qualification for membership of the Scottish parliament; or

(c)

a statement that he is not an individual candidate or a candidate on the list submitted by another registered party at that regional election or a candidate at another Scottish parliamentary election in which the poll is to be held on the same day as the poll at the election to which the consent relates,

which he knows to be false in any particular.

(5)

For the purposes of paragraphs (2), (3) and (4) a statement as to a candidate’s qualification is a statement–

(a)

that he is qualified for being elected;

(b)

that he will be qualified for being elected; or

(c)

that to the best of his knowledge and belief he is not disqualified for being elected.