- Deddfwriaeth Ddrafft
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Scottish Parliament (Elections etc.) Order 2015 ISBN 978-0-11-102991-6
30.—(1) A person (“P”) is guilty of a corrupt practice if, at a Scottish parliamentary election, P causes or permits to be included in a document delivered or otherwise furnished to a CRO or a RRO for use in connection with the election—
(a)a statement of the name or home address of a candidate at the election which P knows to be false in any particular;
(b)anything which purports to be the signature of a person who subscribes a nomination paper but which P knows—
(i)was not written by the person by whom it purports to have been written; or
(ii)if written by that person, was not written by that person for the purpose of subscribing that nomination paper;
(c)a certificate under rule 6(2) of the Scottish Parliamentary Election Rules authorising the use by a registered party of a name or description if P knows that a candidate on that party’s list of candidates is also, in relation to a poll which is to be held on the same day as the election to which the certificate relates—
(i)included in any other such list for the region or another region;
(ii)an individual candidate to be a regional member for the region or another region;
(iii)a candidate to be a constituency member for a constituency not included in the region; or
(iv)a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party; or
(d)a certificate under rule 7(1) of the Scottish Parliamentary Election Rules authorising the use by a constituency candidate of a description if P knows that the candidate is a candidate in another Scottish parliamentary constituency election in which the poll is to be held on the same day as the election to which the certificate relates.
(2) A person (“Q”) is guilty of a corrupt practice if, in the case of a constituency election, Q makes in any document in which Q consents to nomination as a candidate—
(a)a statement of Q’s date of birth;
(b)a statement as to Q’s qualification for membership of the Scottish parliament; or
(c)a statement that Q is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,
which Q knows to be false in any particular.
(3) A person (“R”) is guilty of a corrupt practice if, in the case of an individual candidate at a regional election, R makes in any document in which R consents to nomination as a candidate—
(a)a statement of R’s date of birth;
(b)a statement as to R’s qualification for membership of the Scottish parliament; or
(c)a statement that R is not a party list candidate at that regional election nor a candidate in another Scottish parliamentary election the poll for which is to be held on the same day as the poll at the election to which the consent relates,
which R knows to be false in any particular.
(4) A person (“S”) is guilty of a corrupt practice if, in the case of a party list candidate at a regional election, S makes in any document in which S consents to nomination as a candidate—
(a)a statement of S’s date of birth;
(b)a statement as to S’s qualification for membership of the Scottish parliament; or
(c)a statement that S is not an individual candidate or a candidate on the list submitted by another registered party at that regional election or a candidate at another Scottish parliamentary election in which the poll is to be held on the same day as the poll at the election to which the consent relates,
which S knows to be false in any particular.
(5) For the purposes of paragraphs (2), (3) and (4) a statement as to a candidate’s qualification is a statement—
(a)that the candidate is qualified for being elected;
(b)that the candidate will be qualified for being elected; or
(c)that to the best of the candidate’s knowledge and belief the candidate is not disqualified from being elected.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Mae Nodyn Polisi Drafft yn nodi datganiad byr o ddiben Offeryn Statudol Drafft yr Alban ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Ei nod yw gwneud yr Offeryn Statudol Drafft yr Alban yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol ac maent yn cyd-fynd ag unrhyw Offeryn Statudol yr Alban neu Offeryn Statudol Drafft yr Alban a gyflwynwyd yn fanwl gerbron Senedd yr Alban o Orffennaf 2012 ymlaen. Cyn y dyddiad hwn, roedd y mathau hyn o nodiadau yn bodoli fel ‘Nodiadau Gweithredol’ ac yn cyd-fynd ag Offerynnau Statudol Drafft yr Alban o Orffennaf 2005 hyd at Orffennaf 2012.
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liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys