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Elected Representatives (Prohibition of Deception) Bill


 

Elected Representatives (Prohibition of Deception) Bill

 

 
 

Contents

1   

Offence of deception

2   

Offence of making a false allegation

3   

Short title, commencement and extent

 

Bill 162                                                                                                

54/2

 
 

Elected Representatives (Prohibition of Deception) Bill

1

 

A

Bill

To

create offences in relation to the publication of false or misleading statements

by elected representatives; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Offence of deception

(1)   

It shall be an offence for an elected representative acting in this capacity, or an

agent acting on his behalf, to make or publish a statement which he knows to

be misleading, false or deceptive in a material particular.

(2)   

In this Act, “elected representative” includes—

5

(a)   

a Member of Parliament,

(b)   

a Member of the Scottish Parliament,

(c)   

a Member of the National Assembly for Wales,

(d)   

a Member of the Northern Ireland Assembly,

(e)   

a Member of the European Parliament, and

10

(f)   

an elected mayor.

(3)   

A person guilty of an offence under subsection (1) shall be liable, on summary

conviction, to a fine not exceeding level 5 on the standard scale and

disqualification from standing for election to the organisations and positions

listed in subsection (2) for a period of up to 10 years.

15

(4)   

It shall be a defence for any person charged with an offence under subsection

(1) to show that at the time of the offence he—

(a)   

did not know, or could not reasonably have been expected to know that

the statement was misleading, false or deceptive in a material

particular;

20

(b)   

had no part in causing or permitting the statement to be published;

(c)   

took all reasonable care to ensure that the statement was accurate; or

(d)   

acted in the interests of national security.

 
Bill 162 54/2
 
 

Elected Representatives (Prohibition of Deception) Bill

2

 

2       

Offence of making a false allegation

(1)   

It shall be an offence for a person knowingly to make a false, trivial or frivolous

complaint or allegation that an offence under section 1 has been committed.

(2)   

A person guilty of an offence under subsection (1) shall be liable, on summary

conviction, to a fine not exceeding level 3 on the standard scale.

5

3       

Short title, commencement and extent

(1)   

This Act may be cited as the Elected Representatives (Prohibition of Deception)

Act 2007.

(2)   

This Act shall come into force at the end of the period of six months beginning

with the day on which it is passed.

10

(3)   

This Act extends to England, Scotland, Wales and Northern Ireland.

 
 

 
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