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Referendums (Scotland) Act 2020

Type Act of the Scottish Parliament

Publication 2020-01-29

Last updated 2026-05-08

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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Fixed monetary penalties: criminal proceedings and conviction

5

(1) Where a notice under paragraph 2(1) is served on a person—

(a) no criminal proceedings for a campaign offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period within which the person's liability may be discharged as mentioned in paragraph 2(2) (see paragraph 3(2)),

(b) if the liability is so discharged, the person may not at any time be convicted of a campaign offence in relation to that act or omission.

(2) A person on whom a fixed monetary penalty is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the penalty.

PART 2 — Discretionary requirements

Imposition of discretionary requirements

6

(1) The Electoral Commission may impose one or more discretionary requirements on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7.

(2) The Commission may impose one or more discretionary requirements on a permitted participant if satisfied beyond reasonable doubt that the responsible person in relation to the permitted participant—

(a) has committed a campaign offence listed in Part 7, or

(b) has failed to comply with a requirement imposed by paragraph 24(2), (3) or (4) of schedule 3.

(3) For the purposes of this schedule a “discretionary requirement” is—

(a) a requirement to pay a monetary penalty to the Commission of such amount as the Commission may determine up to a maximum of £500,000, (but see also sub-paragraph (6)),

(b) a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the offence or failure to comply does not continue or recur, or

(c) a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence or failure to comply had not happened.

(4) Discretionary requirements may not be imposed on the same person on more than one occasion in relation to the same act or omission.

(5) In this schedule—

“variable monetary penalty” means such a requirement as is referred to in sub-paragraph (3)(a),

“non-monetary discretionary requirement” means such a requirement as is referred to in sub-paragraph (3)(b) or (c).

(6) In the case of a variable monetary penalty imposed under sub-paragraph (1) or (2)(a), where the offence in question is—

(a) triable summarily only, and

(b) punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),

the amount of the penalty may not exceed the maximum amount of that fine.

Representations and appeals etc.

7

(1) Where the Electoral Commission propose to impose a discretionary requirement on a person, they must serve on the person a notice of what is proposed.

(2) A person served with a notice under sub-paragraph (1) may make written representations and objections to the Commission in relation to the proposed imposition of the discretionary requirement.

(3) After the end of the period for making such representations and objections (see paragraph 8(2)) the Commission must decide whether—

(a) to impose the discretionary requirement, with or without modifications, or

(b) to impose any other discretionary requirement that the Commission have power to impose under paragraph 6.

(4) The Commission may not impose a discretionary requirement on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 6(1) or (2) (as applicable).

(5) Where the Commission decide to impose a discretionary requirement on a person, they must serve on the person a notice specifying what the requirement is.

(6) A person on whom a discretionary requirement is imposed may appeal against the decision to impose the requirement on the ground—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(d) in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable, or

(e) that the decision is unreasonable for any other reason.

(7) An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (5) is received.

(8) Where an appeal under sub-paragraph (6) is made, the discretionary requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.

Information to be included in notices under paragraph 7

8

(1) A notice under paragraph 7(1) must include information as to—

(a) the grounds for the proposal to impose the discretionary requirement,

(b) the right to make representations and objections,

(2) Such a notice must also specify the period within which representations and objections may be made.

That period may not be less than 28 days beginning with the day on which the notice is received.

(3) A notice under paragraph 7(5) must include information as to—

(a) the grounds for imposing the discretionary requirement,

(b) where the discretionary requirement is a variable monetary penalty—

(i) how payment may be made,

(ii) the period within which payment must be made, and

(iii) any early payment discounts or late payment penalties,

(d) the consequences of non-compliance.

Discretionary requirements: criminal conviction

9

(1) A person on whom a discretionary requirement is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the requirement.

(2) Sub-paragraph (1) does not apply where—

(a) a non-monetary discretionary requirement is imposed on the person,

(b) no variable monetary penalty is imposed on the person, and

Compliance and restoration certificates

10

(1) Where, after the service of a notice under paragraph 7(5) imposing a non-monetary discretionary requirement on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect.

(2) A notice served under paragraph 7(5) ceases to have effect on the issue of a certificate relating to that notice.

(3) A person on whom a notice under paragraph 7(5) has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application.

(4) An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the notice has been complied with.

(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to—

(a) the grounds for the decision not to issue a certificate, and

(b) rights of appeal.

(6) The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7) Where the Commission revoke a certificate, the notice has effect as if the certificate had not been issued.

(8) A person who has applied for a certificate under sub-paragraph (3) may appeal to a sheriff against a decision not to issue a certificate under this paragraph on the ground that the decision was—

(a) based on an error of fact,

(b) wrong in law, or

(9) An appeal must be made within the period of 28 days beginning with the day on which notification of the decision is received.

Failure to comply with discretionary requirements

11

(1) The Electoral Commission may by notice impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a non-monetary discretionary requirement imposed on the person.

(2) The amount of a non-compliance penalty is to be determined by the Commission, but must not exceed £10,000.

(3) A non-compliance penalty must be paid to the Commission.

(4) A notice under sub-paragraph (1) must include information as to—

(a) the grounds for imposing the non-compliance penalty,

(b) the amount of the penalty,

(d) the period within which payment must be made, which must not be less than 28 days beginning with the day on which the notice imposing the penalty is received,

(e) rights of appeal, and

(f) the consequences of failure to make payment within the period specified.

(5) If, before the end of the period specified for payment of a non-compliance penalty—

(a) the person on whom the penalty was imposed has taken the steps specified in the notice imposing the non-monetary discretionary requirement to which the penalty relates, and

(b) the Commission have issued a certificate under paragraph 10(1) in respect of that notice,

the Commission may waive, or reduce the amount of, the penalty.

(6) A person served with a notice imposing a non-compliance penalty may appeal against the notice on the ground that the decision to serve the notice was—

(a) based on an error of fact,

(b) wrong in law, or

(7) An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (1) is received.

(8) Where an appeal under sub-paragraph (6) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.

Late payment

12

(1) A variable monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 7(5) is received.

(2) If the penalty is not paid within that period the amount payable is increased by 25%.

(3) If the penalty (as increased by sub-paragraph (2)) is not paid within the period of 56 days beginning with the day on which the notice under paragraph 7(5) is received, the amount payable is the amount of the penalty originally imposed increased by 50%.

(4) In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if it is not paid within that period the amount payable is increased by 25%.

(5) If the penalty (as increased by sub-paragraph (4)) is not paid within the period of 56 days beginning with the day of determination or withdrawal of the appeal, the amount payable is the amount of the penalty originally imposed increased by 50%.

PART 3 — Stop notices

Imposition of stop notices

13

(1) Where sub-paragraph (2) or (3) applies, the Electoral Commission may serve on a person a notice (a “stop notice”) prohibiting the person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(2) This sub-paragraph applies where—

(a) the person is carrying on the activity,

(b) the Commission reasonably believe that the activity as carried on by the person involves or is likely to involve the person committing a campaign offence listed in Part 7, and

(c) the Commission reasonably believe that the activity as carried on by the person is seriously damaging public confidence in the effectiveness of the controls in schedule 3, or presents a significant risk of doing so.

(3) This sub-paragraph applies where—

(a) the person is likely to carry on the activity,

(b) the Commission reasonably believe that the activity as carried on by the person will involve or will be likely to involve the person committing a campaign offence listed in Part 7, and

(c) the Commission reasonably believe that the activity as likely to be carried on by the person will seriously damage public confidence in the effectiveness of the controls mentioned in sub-paragraph (2)(c), or will present a significant risk of doing so.

(4) The steps referred to in sub-paragraph (1) must be steps to secure that the activity is carried on or (as the case may be) will be carried on in a way that does not involve the person acting as mentioned in sub-paragraph (2)(b) or (3)(b).

Information to be included in stop notices

14

A stop notice must include information as to—

(a) the grounds for serving the notice,

(b) rights of appeal,

Completion certificates

15

(1) Where, after the service of a stop notice on a person, the Electoral Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect (a “completion certificate”).

(2) A stop notice ceases to have effect on the issue of a completion certificate relating to that notice.

(3) A person on whom a stop notice is served may at any time apply for a completion certificate.

The Commission must make a decision whether to issue a completion certificate within the period of 14 days beginning with the day on which they receive such an application.

(4) An application for a completion certificate must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the stop notice has been complied with.

(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a completion certificate they must notify the applicant and provide the applicant with information as to—

(a) the grounds for the decision not to issue a completion certificate, and

(b) rights of appeal.

(6) The Commission may revoke a completion certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7) Where the Commission revoke a completion certificate, the stop notice has effect as if the certificate had not been issued.

Appeals etc.

16

(1) A person served with a stop notice may appeal against the decision to serve it on the ground that—

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

(d) any step specified in the notice is unreasonable, or

(e) the person has not acted as mentioned in paragraph 13(2)(b) or (3)(b) and would not have done so even if the stop notice had not been served.

(2) A person served with a stop notice may appeal against a decision not to issue a completion certificate on the ground that the decision—

(a) was based on an error of fact,

(b) was wrong in law, or

(3) An appeal under sub-paragraph (1) or (2) is to a sheriff.

(4) An appeal under sub-paragraph (1) against a decision to serve a stop notice must be made within the period of 28 days beginning with the day on which the stop notice is received.

(5) An appeal under sub-paragraph (2) against a decision not to issue a completion certificate must be made within the period of 28 days beginning with the day on which notification of the decision is received.

(6) Where an appeal under sub-paragraph (1) or (2) is made, the stop notice continues to have effect unless it is suspended or varied on the order of the sheriff.

Failure to comply with stop notice

17

(1) A person served with a stop notice who does not comply with it commits an offence.

(2) A person who commits an offence under sub-paragraph (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both).

PART 4 — Enforcement undertakings

Enforcement undertakings

18

(1) This paragraph applies where—

(a) the Electoral Commission have reasonable grounds to suspect that a person has committed a campaign offence listed in Part 7,

(b) the person offers an undertaking (an “enforcement undertaking”) to take such action, within such period, as is specified in the undertaking,

(i) action to secure that the offence does not continue or recur,

(ii) action to secure that the position is, so far as possible, restored to what it would have been if the offence had not happened, and

(d) the Commission accept the undertaking.

(2) Unless the person has failed to comply with the undertaking or any part of it—

(a) the person may not at any time be convicted of a campaign offence in respect of the act or omission to which the undertaking relates,

(b) the Commission may not impose on the person any fixed monetary penalty that they would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission,

(c) the Commission may not impose on the person any discretionary requirement that they would otherwise have power to impose by virtue of paragraph 6 in respect of that act or omission.

Enforcement undertakings: further provision

19

(1) An enforcement undertaking must be in writing and include—

(a) a statement that the undertaking is an enforcement undertaking regulated by this Act,

(b) the terms of the undertaking,

(d) details of how and when a person is to be considered to have complied with the undertaking, and

(e) information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 18(2).

(2) The enforcement undertaking may be varied or extended if the person who has given the undertaking and the Electoral Commission agree.

(3) The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit.

Compliance certificate

20

(1) Where, after accepting an enforcement undertaking from a person, the Electoral Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect.

(2) An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking.

(3) A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application.

(4) An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with.

(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to—

(a) the grounds for the decision not to issue a certificate, and

(b) rights of appeal.

(6) The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information.

(7) Where the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued.

Appeals

21

(1) A person who has given an enforcement undertaking may appeal to the sheriff against a decision not to issue a certificate under paragraph 20 on the ground that the decision was—

(a) based on an error of fact,

(b) wrong in law, or

(2) An appeal must be made within the period of 28 days beginning with the day on which notification of the Electoral Commission's decision is received.

PART 5 — General and supplemental

Restrictions on combination of sanctions

22

(1) The Electoral Commission may not serve on a person a notice under paragraph 2(1) (notice of proposed fixed monetary penalty) in relation to any act or omission in relation to which—

(a) a discretionary requirement has been imposed on that person, or

(b) a stop notice has been served on that person.

(2) The Commission may not serve on a person a notice under paragraph 7(1) (notice of proposed discretionary requirement), or serve a stop notice on a person, in relation to any act or omission in relation to which—

(a) a fixed monetary penalty has been imposed on that person, or

(b) the person's liability for a fixed monetary penalty has been discharged as mentioned in paragraph 2(2).

Withdrawal or variation of notice

23

(1) The Electoral Commission may by notice in writing at any time withdraw a notice served under paragraph 2(4).

(2) The Commission may by notice in writing at any time—

(a) withdraw a notice served under paragraph 7(5),

(b) reduce the monetary amount payable under such a notice, or

(3) The Commission may by notice in writing at any time withdraw a stop notice (but may serve another stop notice in respect of the same activity specified in the withdrawn notice).

Use of statements made compulsorily

24

(1) The Electoral Commission must not take into account a statement made by a person in compliance with a requirement imposed under schedule 4 in deciding whether—

(a) to impose a fixed monetary penalty on the person,

(b) to impose a discretionary requirement on the person,

(2) Sub-paragraph (1)(a) or (b) does not apply to a penalty or requirement imposed in respect of an offence under paragraph 12(3) of schedule 4 (providing false information in purported compliance with a requirement under that schedule).

Unincorporated associations

25

Any amount that is payable under this schedule by an unincorporated association must be paid out of the funds of the association.

Guidance as to enforcement

26

(1) The Electoral Commission must prepare and publish guidance as to—

(a) the sanctions (including criminal sanctions) that may be imposed on a person who does something that might lead to—

(i) a fixed monetary penalty or a discretionary requirement being imposed on the person,

(ii) a stop notice being served on the person,

(iii) an enforcement undertaking being accepted from the person,

(b) the action that the Commission may take in relation to such a person (whether by virtue of this schedule or otherwise),

(2) The guidance must include guidance about the Commission's use of the power to impose a fixed monetary penalty, with information as to—

(a) the circumstances in which such a penalty may not be imposed,

(b) the amount of such a penalty,

(d) rights to make representations and objections and rights of appeal in relation to such a penalty.

(3) The guidance must include guidance about the Commission's use of the power to impose a discretionary requirement, with information as to—

(a) the circumstances in which such a requirement may not be imposed,

(b) rights to make representations and objections and rights of appeal in relation to such a requirement,

(c) in the case of a variable monetary penalty, the matters likely to be taken into account by the Commission in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance).

(4) The guidance must include guidance about the Commission's use of the power to serve a stop notice, with information as to—

(a) the circumstances in which such a notice may not be served,

(b) rights of appeal in relation to such a notice.

(5) The guidance must include guidance about the Commission's use of the power to accept an enforcement undertaking.

(6) Where appropriate, the Commission must revise guidance published under sub-paragraphs (1) to (5) and publish the revised guidance.

(7) The Commission must consult such persons as they consider appropriate before publishing guidance or revised guidance under this paragraph.

(8) The Commission must have regard to the guidance or revised guidance published under this paragraph in exercising their functions under this Act.

Recovery of penalties etc.

27

The Electoral Commission may recover as a civil debt—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, and

(b) any interest or other financial penalty for late payment of such a penalty.

Payment of penalties etc. into Scottish Consolidated Fund

28

Where, in pursuance of any provision contained in or made under this schedule, the Electoral Commission receive—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty,

(b) any interest or other financial penalty for late payment of such a penalty, or

they must pay it into the Scottish Consolidated Fund.

Reports on use of civil sanctions

29

(1) The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule.

(2) The report must, in particular, specify—

(a) the cases in which a fixed monetary penalty or discretionary requirement was imposed or a stop notice served (other than cases in which the penalty, requirement or notice was overturned on appeal),

(b) the cases in which liability for a fixed monetary penalty was discharged as mentioned in paragraph 2(2),

(3) This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

(4) The report may be made—

(a) in the report by the Commission under section 29,

(b) in a separate report made as soon as practicable after the report under section 29 is published, or

(5) The Commission must—

(a) lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and

(b) after laying, publish the report in such manner as they may determine.

Disclosure of information

30

(1) Information held by or on behalf of a procurator fiscal or a constable in Scotland may be disclosed to the Electoral Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this schedule.

(2) It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the day on which this paragraph comes into force.

(3) A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information.

(4) This paragraph does not affect a power to disclose that exists apart from this paragraph.

Powers of sheriff

31

(1) On an appeal under paragraph 2(6) the sheriff may overturn or confirm the penalty.

(2) On an appeal under paragraph 7(6), 11(6) or 16(1) the sheriff may—

(a) overturn, confirm or vary the requirement or notice,

(b) take such steps as the Electoral Commission could take in relation to the act or omission giving rise to the requirement or notice,

(c) remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Commission.

(3) On an appeal under paragraph 10(8), 16(2) or 21(1) the sheriff may make an order requiring the Commission to issue (as appropriate)—

(a) a certificate under paragraph 10(1),

(b) a completion certificate under paragraph 15(1), or

PART 6 — Interpretation

32

In this schedule—

“completion certificate” has the meaning given in paragraph 15(1),

“discretionary requirement” has the meaning given in paragraph 6(3),

“enforcement undertaking” has the meaning given in paragraph 18(1)(b),

“fixed monetary penalty” has the meaning given in paragraph 1(3),

“non-compliance penalty” has the meaning given in paragraph 11(1),

“non-monetary discretionary requirement” has the meaning given in paragraph 6(5),

“responsible person”, in relation to a permitted participant, has the meaning given in schedule 7,

“restriction” includes prohibition,

“stop notice” has the meaning given in paragraph 13(1),

“variable monetary penalty” has the meaning given in paragraph 6(5).

PART 7 — Listed campaign offences

SCHEDULE 6

Personation

1

(1) A person (“A”) commits the offence of personation in the referendum if—

(a) A votes in person or by post in the referendum as some other person, whether as a voter or as proxy, and whether that other person is living or dead or is a fictitious person, or

(b) A votes, as proxy, in person or by post in the referendum—

(i) for a person whom A knows or has reasonable grounds for supposing to be dead or to be a fictitious person, or

(ii) when A knows or has reasonable grounds for supposing that A's appointment as proxy is no longer in force.

(2) For the purposes of this paragraph, a person is deemed to have voted if the person—

(a) has applied for a ballot paper for the purpose of voting in person, or

(b) has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post.

(3) A person commits a corrupt practice if the person commits the offence of personation in the referendum or aids, abets, counsels or procures the commission of that offence.

Other voting offences

2

(1) A person (“A”) commits an offence if—

(a) A votes in person or by post in the referendum, whether as a voter or as proxy, or applies to vote by proxy or by post as a voter or as proxy in the referendum knowing that A is subject to a legal incapacity to vote in the referendum,

(b) A applies for the appointment of a proxy to vote for A in the referendum knowing that A or the person to be appointed is subject to a legal incapacity to vote in the referendum, or

(c) A votes, whether in person or by post, as proxy for some other person in the referendum, knowing that the other person is subject to a legal incapacity to vote.

(2) For the purposes of sub-paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before the date of the referendum, include the person's being below voting age if the person will be of voting age on that date.

(3) A person (“A”) commits an offence if—

(a) A votes as a voter more than once in the referendum,

(b) A votes as a voter in person in the referendum when A is entitled to vote by post,

(c) A votes as a voter in person in the referendum knowing that a person appointed to vote as A's proxy in the referendum either has already voted in person in the referendum or is entitled to vote by post in the referendum, or

(d) A applies for a person to be appointed as A's proxy to vote for A in the referendum without applying for the cancellation of a previous appointment of a third person then in force in respect of the referendum or without withdrawing a pending application for such an appointment in respect of the referendum.

(4) A person (“A”) commits an offence if—

(a) A votes as proxy for the same voter more than once in the referendum,

(b) A votes in person as proxy for a voter in the referendum when A is entitled to vote by post as proxy in the referendum for that voter,

(c) A votes in person as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum, or

(d) A votes by post as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum.

(5) A person (“A”) commits an offence if A votes in the referendum as proxy for more than two persons of whom A is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) A person (“A”) commits an offence if A knowingly induces or procures some other person to do an act which is, or but for that other person's lack of knowledge would be, an offence by that other person under any of sub-paragraphs (1) to (5).

(7) For the purposes of this paragraph a person is deemed to have voted if the person—

(a) has applied for a ballot paper for the purpose of voting in person, or

(b) has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post.

(8) For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper is, if the person does not exercise that right, to be disregarded.

(9) A person does not commit an offence under sub-paragraph (3)(b) or (4)(b) only by reason of the person's having marked a tendered ballot paper in pursuance of rule 24 of the conduct rules.

(10) An offence under this paragraph is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18.

(11) In this paragraph “legal incapacity to vote” has the meaning given by section 5.

Imitation poll cards

3

(1) A person commits an offence if the person, for the purpose of promoting or procuring a particular outcome in the referendum, issues any poll card or document so closely resembling an official poll card as to be calculated to deceive.

(2) An offence under sub-paragraph (1) is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18.

Offences relating to applications for postal and proxy votes

4

(1) A person (“A”) commits an offence if A—

(a) engages in an act specified in sub-paragraph (2) in connection with the referendum, and

(b) intends, by doing so—

(i) to deprive another of an opportunity to vote in the referendum, or

(ii) to make for A or another a gain of money or property or a gain of a vote in the referendum to which A or the other is not otherwise entitled.

(2) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person),

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in, or in connection with, such an application,

(c) inducing the registration officer or counting officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote,

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In sub-paragraph (1)(b)(ii), property includes any description of property.

(4) In sub-paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

(5) A person commits a corrupt practice if the person commits an offence under sub-paragraph (1) or aids, abets, counsels or procures the commission of that offence.

Breach of official duty

5

(1) If a person to whom this paragraph applies without reasonable cause (and whether by act or omission) breaches the person's official duty, the person commits an offence.

(2) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) No person to whom this paragraph applies is liable for breach of official duty to any penalty at common law and no action for damages lies in respect of the breach by such a person of the person's official duty.

(4) The persons to whom this paragraph applies are—

(a) the Chief Counting Officer,

(b) any proper officer, registration officer, counting officer or presiding officer, and

(c) any deputy of a person mentioned in paragraph (a) or (b) or any other person appointed to assist or, in the course of the other person's employment, assisting a person so mentioned in connection with that person's official duties,

and “official duty” for the purpose of this paragraph is to be construed accordingly, but does not include duties imposed otherwise than by this Act.

Tampering with ballot papers etc.

6

(1) A person (“A”) commits an offence if, in connection with the referendum—

(a) A fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post,

(b) A, without due authority, supplies any ballot paper to any person,

(c) A fraudulently puts into any ballot box any paper other than the ballot paper which A is authorised by law to put in,

(d) A fraudulently takes out of the polling station any ballot paper,

(e) A, without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the referendum, or

(f) A fraudulently or without due authority (as the case may be) attempts to do any of the acts mentioned in paragraphs (a) to (e).

(2) A person commits an offence if, in connection with the referendum, the person forges or counterfeits (or attempts to forge or counterfeit) any ballot paper or the official mark on any ballot paper.

(3) If a counting officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers in the referendum commits an offence under this paragraph, the officer or clerk is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both).

(4) If any other person commits an offence under this paragraph the person is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both).

Requirement of secrecy

7

(1) Every person (other than one mentioned in sub-paragraph (2)) attending at a polling station in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not, except for a purpose authorised by law, communicate to any person before the close of the poll the information described in sub-paragraph (3).

(2) Sub-paragraph (1) does not apply to—

(a) a person attending at the polling station for the purpose of voting,

(b) a person under the age of 16 accompanying a voter or a proxy for a voter,

(d) a constable on duty at the polling station.

(3) The information referred to in sub-paragraph (1) is any information as to—

(a) the name of any voter or proxy for a voter who has or has not applied for a ballot paper or voted at a polling station,

(b) the number on the register of local government electors of any voter who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station,

(4) Every person attending at the counting of the votes in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not—

(a) ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper,

(b) communicate any information obtained at the counting of the votes as to the outcome for which any vote is given on any particular ballot paper.

(5) A person must not—

(a) interfere with or attempt to interfere with a voter when recording the voter's vote in the referendum,

(b) otherwise obtain or attempt to obtain in a polling station information as to the outcome for which a voter in that station is about to vote or has voted in the referendum,

(c) communicate at any time to any person any information obtained in a polling station in the referendum as to the outcome for which a voter in that station is about to vote or has voted, or as to the unique identifying number on the back of a ballot paper given to a voter at that station, or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person any outcome for which the voter has or has not voted in the referendum.

(6) In sub-paragraph (5), references to a voter include references to a proxy for a voter.

(7) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not—

(a) except for a purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark,

(b) except for a purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the unique identifying number on the back of any ballot paper sent to any person,

(c) except for a purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the unique identifying number on the back of any ballot paper, or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the outcome for which any vote is given in any particular ballot paper or communicate any such information obtained at those proceedings.

(8) A companion of a voter with disabilities must not communicate at any time to any person any information as to the outcome for which that voter intends to vote or has voted, or as to the unique identifying number on the back of a ballot paper given for the use of that voter.

(9) If a person acts in contravention of this paragraph the person commits an offence.

(10) A person who commits an offence under sub-paragraph (9) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both).

(11) In this paragraph a voter with disabilities is a voter who has made a declaration under rule 23(1) of the conduct rules.

Prohibition on publication of exit polls

8

(1) No person may publish before the close of the poll—

(a) any statement relating to the way in which voters have voted in the referendum where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the referendum which is (or might reasonably be taken to be) based on information so given.

(2) If a person acts in contravention of this paragraph the person commits an offence.

(3) A person who commits an offence under sub-paragraph (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both).

(4) In this paragraph—

“forecast” includes estimate,

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means,

“voters” includes proxies for voters,

any reference to the result of the referendum is a reference to the result for the whole of Scotland or the result in one or more local government areas.

Payments to voters for exhibition of referendum notices

9

(1) No payment or contract for payment may, for the purposes of promoting a particular outcome in the referendum, be made to a voter on account of—

(a) the exhibition of, or

(b) the use of any house, land, building or premises for the exhibition of,

any bill, advertisement or notice.

(2) Sub-paragraph (1) does not apply if—

(a) it is the ordinary business of the voter to exhibit bills, advertisements or notices for payment, and

(b) the payment or contract is made in the ordinary course of that business.

(3) If a payment or contract for payment is knowingly made in contravention of sub-paragraph (1) (whether before, during or after the referendum), each of the following persons commits an offence—

(a) the person who makes the payment or enters into the contract,

(b) the person who receives the payment or is a party to the contract (if the person knows the payment or contract is in contravention of sub-paragraph (1)).

(4) An offence under sub-paragraph (3) is an illegal practice.

Treating

10

(1) A person (“A”) commits the offence of treating in connection with the referendum if A, whether before, during or after the referendum, corruptly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting in the referendum, or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, in the referendum.

(2) Sub-paragraph (1) applies regardless of whether an act is done—

(a) directly or indirectly,

(b) by A or by another person on A's behalf.

(3) A voter or proxy who corruptly accepts or takes any such meat, drink, entertainment or provision also commits the offence of treating in connection with the referendum.

(4) A person commits a corrupt practice if the person commits the offence of treating in connection with the referendum.

Undue influence

11

(1) A person (“A”) commits the offence of undue influence in connection with the referendum if—

(a) A makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, personally or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting in the referendum, or on account of that person having voted or refrained from voting in the referendum, or

(b) by abduction, duress or any fraudulent device or contrivance, A impedes or prevents, or intends to impede or prevent, the free exercise of the franchise of a voter or proxy for a voter in the referendum, or so compels, induces or prevails upon, or intends so to compel, induce or prevail upon, a voter or proxy for a voter either to vote or to refrain from voting in the referendum.

(2) Sub-paragraph (1)(a) applies regardless of whether an act is done—

(a) directly or indirectly,

(b) by A or by another person on A's behalf.

(3) A person commits a corrupt practice if the person commits the offence of undue influence in connection with the referendum.

Bribery

12

(1) A person commits the offence of bribery in connection with the referendum if the person—

(a) gives any money to or procures any office for—

(i) any voter,

(ii) any other person on behalf of any voter, or

(iii) any other person,

in order to induce any voter to vote or refrain from voting in the referendum,

(b) corruptly makes any gift or procurement as mentioned in paragraph (a) on account of any voter having voted or refrained from voting in the referendum,

(c) makes any gift or procurement as mentioned in paragraph (a) to or for any person in order to induce that person to procure, or endeavour to procure, any particular outcome in the referendum, or

(d) upon or in consequence of any such gift or procurement as mentioned in paragraph (a), procures or engages, promises or endeavours to procure any particular outcome in the referendum.

(2) A person commits the offence of bribery in connection with the referendum if the person—

(a) advances or pays or causes to be paid any money to or for the use of any other person with the intent that the money or any part of it is to be expended in bribery in connection with the referendum, or

(b) knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery in connection with the referendum.

(3) A voter commits the offence of bribery in connection with the referendum if, whether before or during the referendum, the voter receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for the voter or for any other person for—

(a) voting or agreeing to vote in the referendum, or

(b) refraining or agreeing to refrain from voting in the referendum.

(4) A person commits the offence of bribery in connection with the referendum if, after the referendum, the person receives any money or valuable consideration on account of any person—

(a) having voted or refrained from voting in the referendum, or

(b) having induced any other person to vote or refrain from voting in the referendum.

(5) Sub-paragraphs (1) to (4) apply regardless of whether an act is done—

(a) directly or indirectly,

(b) by the person or by another person on the person's behalf.

(6) For the purposes of sub-paragraph (1)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or to endeavour to procure any money or valuable consideration,

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(7) Sub-paragraphs (1) and (2) do not apply to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning the referendum.

(8) A person commits a corrupt practice if the person commits the offence of bribery in connection with the referendum.

(9) In this paragraph, the expression “voter” includes—

(a) a proxy for a voter, and

(b) any other person who has or claims to have a right to vote in the referendum.

Disturbances at public meetings

13

(1) A person commits an offence if the person, at a lawful public meeting to which this paragraph applies, acts (or incites others to act) in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together.

(2) This paragraph applies to a meeting held in connection with the referendum during the referendum period.

(3) An offence under this paragraph is an illegal practice.

Illegal canvassing by police officers

14

(1) A person who is a constable commits an offence if the person by word, message, writing or in any other manner endeavours to persuade any person to give (or dissuade any person from giving) the person's vote in the referendum.

(2) A person is not liable under sub-paragraph (1) for anything done in the discharge of the person's duty as a constable.

(3) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Penalties for corrupt practices

15

A person who commits a corrupt practice under any provision of this schedule is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment—

(i) in the case of a corrupt practice under paragraph 1 or 4, to imprisonment for a term not exceeding 2 years or to a fine (or both),

(ii) in any other case, to imprisonment for a term not exceeding 12 months or to a fine (or both).

Prosecutions for illegal practices

16

(1) A person who commits an illegal practice under any provision of this schedule is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) On a prosecution for such an illegal practice it is sufficient to allege that the person charged has committed an illegal practice.

Conviction of illegal practice on charge of corrupt practice etc.

17

A person charged with a corrupt practice under any provision of this schedule may, if the circumstances warrant such finding, be convicted of an illegal practice (which offence is for that purpose to be an indictable offence), and a person charged with an illegal practice may be convicted of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

Incapacity to hold public or judicial office in Scotland

18

(1) A person convicted of a corrupt or illegal practice under any provision of this schedule—

(a) is, for the period of 5 years beginning with the date of the person's conviction, incapable of holding any public or judicial office in Scotland (within the meaning of section 185 of the 1983 Act), and

(b) if already holding such an office, vacates it as from that date.

(2) Sub-paragraph (1) applies in addition to any punishment imposed on the person under paragraph 15 or 16.

Prohibition of paid canvassers

19

If a person is, whether before or during the referendum, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting a particular outcome in the referendum—

(a) the person engaging or employing the canvasser, and

(b) the canvasser,

commits the offence of illegal employment.

Providing money for illegal purposes

20

If a person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Act,

(b) for any expenses incurred in excess of the maximum amount allowed by this Act, or

the person commits the offence of illegal payment.

Prosecutions for illegal employment or illegal payment

21

(1) A person who commits an offence of—

(a) illegal employment under paragraph 19, or

(b) illegal payment under paragraph 20,

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) On a prosecution for such an illegal employment or illegal payment it is sufficient to allege that the person charged has committed the offence of illegal employment or illegal payment (as the case may be).

(3) A person charged with an offence of illegal employment or illegal payment may be convicted of that offence notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

SCHEDULE 7

In this Act—

Editorial notes

[^key-63e275a3e2d2af088b099d58216144c6]: Words in s. 24 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(6)(a), 35; S.S.I. 2020/278, reg. 2, sch.

[^key-7e89e158770e07fa64456e285b235eff]: Words in s. 24 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(6)(b), 35; S.S.I. 2020/278, reg. 2, sch.

[^key-b1b5b54a49771fc2ac1c7f7a44505888]: Words in s. 3(2) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 33(a)

[^key-0fe748f9ee61311e2b48db8b0e7be1c4]: Words in s. 3(7) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 33(b)

[^key-a11e3a9e00cad60800bc710af769fec9]: Words in s. 7(2) inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(8), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2

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