Explanatory Notes

Scottish Independence Referendum Act 2013

2013 asp 14

17 December 2013

Commentary

Offences

292.Section 31 introduces schedule 7 which contains provisions about offences related to the referendum.

293.Section 32 provides for offences by a body corporate, a Scottish partnership or other unincorporated association under the Act. In this case, where it can be proved that the offence was committed with the consent or connivance, or caused by the neglect of, an individual, the individual, as well as the body, is liable.

Schedule 7: Offences

294.Schedule 7, introduced by section 31, contains details of the offences under the Act. Some are deemed to be ‘corrupt practices’ (such as the ‘personation’ offence in paragraph 1) and carry a penalty of imprisonment for a term not exceeding two years or to an unlimited fine or both. Other offences are ‘illegal practices’ (such as the voting offences in paragraph 2) which are summary offences and the maximum penalty is a £5,000 fine.

295.Schedule 7 includes the following provisions: