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create
offences in relation to the publication of false or misleading
statements |
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by elected representatives;
and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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(1) |
It shall be an offence
for an elected representative acting in this capacity, or an
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agent acting on his behalf,
to make or publish a statement which he knows to |
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be misleading, false or
deceptive in a material particular. |
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(2) |
In this Act, “elected
representative” includes— |
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(a) |
a Member of Parliament, |
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(b) |
a Member of the Scottish
Parliament, |
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(c) |
a Member of the National
Assembly for Wales, |
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(d) |
a Member of the Northern
Ireland Assembly, |
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(e) |
a Member of the European
Parliament, and |
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(3) |
A person guilty of an
offence under subsection (1) shall be liable, on summary |
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conviction, to a fine not
exceeding level 5 on the standard scale and |
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disqualification from standing
for election to the organisations and positions |
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listed in subsection (2)
for a period of up to 10 years. |
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(4) |
It shall be a defence
for any person charged with an offence under subsection |
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(1) to show that at the
time of the offence he— |
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(a) |
did not know, or could
not reasonably have been expected to know that |
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the statement was misleading,
false or deceptive in a material |
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(b) |
had no part in causing or
permitting the statement to be published; |
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(c) |
took all reasonable care
to ensure that the statement was accurate; or |
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(d) |
acted in the interests of
national security. |
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2 |
Offence
of making a false allegation |
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(1) |
It shall be an offence
for a person knowingly to make a false, trivial or frivolous
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complaint or allegation
that an offence under section 1 has been committed. |
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(2) |
A person guilty of an
offence under subsection (1) shall be liable, on summary |
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conviction, to a fine not
exceeding level 3 on the standard scale. |
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3 |
Short
title, commencement and extent |
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(1) |
This Act may be cited
as the Elected Representatives (Prohibition of Deception) |
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(2) |
This Act shall come into
force at the end of the period of six months beginning |
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with the day on which it
is passed. |
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(3) |
This Act extends to England,
Scotland, Wales and Northern Ireland. |
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