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The Scottish Parliament (Elections etc.) Order 1999

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Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

48.—(1) Each return delivered under article 46 above shall be accompanied by a declaration made by the election agent in the form G set out in the Appendix.

(2) At the same time as the election agent delivers that return, or within seven days thereafter–

(a)each candidate for return as a constituency member; and

(b)each individual candidate for return as a regional member,

shall deliver to the appropriate returning officer a declaration made by him in the form G set out in the Appendix.

(3) Where a candidate is out of the United Kingdom when the return is so delivered–

(a)the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b)in that case, the declaration shall be forthwith delivered to the appropriate returning officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the proper officer of a local authority.

(5) Where–

(a)a candidate for return as a constituency member is his own election agent; or

(b)an individual candidate for return as a regional member is his own election agent,

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form G set out in the Appendix.

(6) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

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