{
  "url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2002/schedule-2/paragraph-45",
  "json_url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2002/schedule-2/paragraph-45.json",
  "legislation": "uksi/2002/2779",
  "legislation_title": "The Scottish Parliament (Elections etc.) Order 2002",
  "legislation_url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2002",
  "path": "schedule/2/paragraph/45",
  "kind": "paragraph",
  "number": "45",
  "heading": "Challenge of voter",
  "text": "(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–\n(a) declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation; and\n(b) undertakes to substantiate the charge in a court of law,\nthe 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.\n(2) A person against whom a declaration is made under this paragraph shall not by reason of it be prevented from voting.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/2779/schedule/2/paragraph/45",
    "retrieved_at": "2026-10-29T06:40:32.730428+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}