BILL
TO
Create
offences in relation to the publication of false or misleading statements by
elected representatives; and for connected purposes.
E
IT ENACTED
by the QueenÕs 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, Òelected
representativeÓ 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.
HC ?? 54/2
Elected Representatives
(Prohibition of Deception) Bill
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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. |
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3 Short title,
commencement and extent (1) This Act may be cited as the
Elected Representatives (Prohibition of Deception) Act 2007. |
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(2)
(3) |
This
Act shall come into force at the end of the period of six months beginning
with the day on which it is passed. This Act extends to England, Scotland,
Wales and Northern Ireland. |
10 |
Elected Representatives (Prohibition of
Deception) Bill
A