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Scottish Elections (Representation and Reform) Act 2025
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Changes to legislation:
Scottish Elections (Representation and Reform) Act 2025, Section 54 is up to date with all changes known to be in force on or before 19 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 54:
- s. 54 coming into force by S.S.I. 2025/106 reg. 2(1)(c) sch. Pt. 3
Prospective
54Offence of breaching section 52S
This section has no associated Explanatory Notes
(1)Where any electronic material to which section 52 applies is published in contravention of that section, the following persons commit an offence—
(a)the relevant third party who is the promoter of the material, and
(b)any person on behalf of whom the material is being published (and who is not the promoter).
(2)A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3)It is a defence for a person charged with an offence under subsection (1) to prove—
(a)that the contravention arose from circumstances beyond the person’s control, and
(b)that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
(4)It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance issued under section 58.
(5)It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—
(a)the electronic material had previously been published,
(b)the person reasonably believed that when it was previously published—
(i)section 52 applied to it, and
(ii)it was published in compliance with that section, and
(c)it was not materially altered when it was republished.
(6)In subsection (5)(c), the reference to electronic material not being materially altered includes a reference to the electronic material retaining—
(a)the information within section 52(3), or
(b)the access to such information,
as a result of which the person reasonably believed its previous publication complied with section 52.
(7)The court by or before which a person is convicted of an offence under subsection (1) must notify the Electoral Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
Commencement Information
I1S. 54 not in force at Royal Assent, see s. 73(2)
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