The Crofting Commission (Elections) (Scotland) Regulations 2011

Breach of official duty

58.—(1) If a person to whom this regulation applies is in breach of his or her official duty under these Regulations, without reasonable cause, that person commits an offence and he or she is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this regulation applies is liable to any penalty at common law for breach of his or her official duty under these Regulations and no action for damages lies in respect of the breach by such a person of his or her official duty under these Regulations.

(3) The persons to whom this regulation applies are—

(a) the registration officer;

(b) the returning officer;

(c) any other person whose duty it is to be responsible after an election for the used ballot papers and other documents (including returns and declarations as to expenses);

(d) any official designated by a universal postal service provider or a commercial delivery firm; and

(e) any deputy of a person mentioned in any of paragraphs (a) to (c) or any person appointed to assist or in the course of his or her employment assisting a person so mentioned in connection with his or her official duty;

and “official duty”, for the purposes of this regulation, is construed accordingly.