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Paragraph 45 Challenge of voter

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If at the time a person applies for a ballot paper at a Scottish parliamentary election for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or the election or polling agent of a candidate or of a registered party standing nominated–

(a)

declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation; and

(b)

undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

(2)

A person against whom a declaration is made under this paragraph shall not by reason of it be prevented from voting.

(3)

A person arrested under the provisions of this paragraph shall be dealt with as a person taken into custody by a constable for an offence without a warrant.