Electoral Fraud (Northern Ireland) Act 2002

7 Offences U.K.

(1) After section 13C of the 1983 Act (inserted by section 4 of this Act), there is inserted—

“13D Provision of false information

(1) A person who provides false information pursuant to any requirement of section 10(4A), 10A(1A) or 13A(2A) above—

(a) on a form mentioned in section 10(4) above and returned to the Chief Electoral Officer for Northern Ireland; or

(b) in an application made to him under section 10A or 13A above,

is guilty of an offence.

(2) A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.

(3) In relation to a signature, “false information” for the purposes of subsection (1) means a signature which—

(a) is not the usual signature of; or

(b) was written by a person other than,

the person whose signature it purports to be.

(4) A person does not commit an offence under subsection (1) above if he did not know, and had no reason to suspect, that the information was false.

(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding six months; or

(b) a fine not exceeding level 5 on the standard scale,

or to both.”

(2) In Part 1 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3) (application to local elections in Northern Ireland of provisions of the 1983 Act), in the entry relating to sections 9, 10, 10A and 13 to 13B—

(a) for “and 13 to 13B” there is substituted “ , 13 to 13B and 13D ”, and

(b) after “registers” there is inserted “ and related offences ”.