OpenLegislation

Section 65B Scottish local government elections: false information in nomination papers etc.F1F2

Scotland

(1)

This section applies in relation to a local government election in Scotland.

(2)

A person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a 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 an elector who proposes, seconds or assents to the nomination of such a candidate but which he knows—

(i)

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

(ii)

if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding or, as the case may be, assenting to that candidate's nomination.

(3)

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

(a)

a statement of his date of birth; or

(b)

a statement as to his qualification for being elected at the election,

which he knows to be false in any particular.

(4)

For the purposes of subsection (3) above, 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.

Annotations

Textual amendments

F1

S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 65B inserted (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 13, 63; S.S.I. 2007/26, art. 2(1)(b)

Notes on Part I

Modifications

C1

Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

C2

Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C3

Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C4

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C5

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C7

Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)