- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Section 115 of the 1983 Act (offence of undue influence), so far as it applies to a local government election in Scotland, is amended as follows.
(2)In subsection (2)(b)—
(a)after “prevents” insert “, or intends to impede or prevent,”, and
(b)after “prevails upon” insert “, or intends so to compel, induce or prevail upon,”.
Before section 63 of the 1983 Act (breach of official duty) insert—
(1)This section applies in relation to a local government election in Scotland.
(2)A person commits an offence if he—
(a)engages in any of the acts specified in subsection (3) below at the election; and
(b)intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.
(3)The acts referred to in subsection (2)(a) above are—
(a)applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);
(b)otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;
(c)inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;
(d)causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.
(4)In subsection (2)(b) above, property includes any description of property.
(5)In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).
(6)A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: