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The Scottish Parliament (Elections etc.) Order 2015

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Imitation poll cards and notifications

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63.—(1) A person is guilty of an offence if that person issues, for the purpose of promoting or procuring a particular result at a Scottish parliamentary election, any poll card or notification or other document so closely resembling an official poll card or notification as to be calculated to deceive, and paragraphs (2) and (3) apply to an offence under this article.

(2) An offence under this article shall be an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order)(1) (incapacities on conviction of corrupt or illegal practice).

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person (“P”) who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless P proves—

(a)that the act or omission took place without P’s consent or connivance; and

(b)that P exercised all such diligence to prevent the commission of the illegal practice as P ought to have exercised having regard to the nature of P’s functions in that capacity and to all the circumstances.

(1)

Section 173 is applied by article 82 of and Schedule 6 to this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by S.I. 2007/931, article 2(4).

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