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Offences as to declarations, etc.U.K.

12 Offences as to declarations, etc.U.K.

(1)A person who makes [F1a relevant declaration] or a declaration purporting to be [F1a relevant declaration]

(a)when he knows that he is subject to a legal incapacity to vote at parliamentary elections (age apart), or

(b)when he knows that it contains a statement which is false,

is guilty of an offence.

[F2(1A)In subsection (1) “relevant declaration” means—

(a)an overseas elector’s declaration;

(b)a renewal declaration (within the meaning given by section 1D(2)).]

(2)A person who attests an overseas elector’s declaration or a declaration purporting to be an overseas elector’s declaration when he knows—

(a)that he is not authorised to attest such a declaration, or

(b)that it contains a statement which is false,

is guilty of an offence.

(3)A person who makes a statement which he knows to be false in any declaration or form used for any of the purposes of sections 5 to 9 of this Act or attests an application under section 6 or 7 of this Act when he knows that he is not authorised to do so or that it contains a statement which is false is guilty of an offence.

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1Words in s. 12(1) substituted (16.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 5(a) (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2

Modifications etc. (not altering text)

C1S. 12 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

S. 12(3)(4) applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

C2S. 12 applied (with modifications) (1.8.2001) by S.I. 2001/2559, art. 3, Sch. 1

C3S. 12(1)(2) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C4S. 12(1)(2) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C5S. 12(1)(2) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

C6S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. II

S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. II

C7S. 12(1)(2)(4) applied (with modifications) (N.I.) (1.7.2008) by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 14(3)(5), Sch. 4

C8S. 12(4) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

S. 12(3)(4) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 12(3)(4) applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3

S. 12(3)(4) applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

C9S. 12(3) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III

C10S. 12(3)(4) applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

C11S. 12(4) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III

C12S. 12(4) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C13S. 12(4) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

S. 12(3)(4) applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art.3(1)(a)(b)(5)-(8), Sch. 1