Back to previous page

Court's power to require information from election agent or sub-agent
     54.  - (1) Where on an application under article 53 above it appears to the court that any person who is or has been an election agent or sub-agent or nominating officer has refused or failed to make such return, or to supply such particulars, as will enable a person to comply with the provisions of this Order as to the return or declaration as to election expenses the court before making an order under that article, shall order that person to attend before the court.

    (2) The court shall on the attendance of that person unless he shows cause to the contrary, order him - 

(a) to make the return and declaration; or

(b) to deliver a statement of the particulars required to be contained in the return,

as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.

    (3) If a person fails to comply with any order of the court under this article, the court may order him to pay a fine not exceeding the amount specified as level 5 on the standard scale.

Publication of time and place of inspection of returns and declarations
     55.  - (1) At a Scottish parliamentary election, the appropriate returning officer, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, shall - 

(a) publish in not less than - 


(i) in the case of a constituency returning officer, two newspapers circulating in the constituency; and

(ii) in the case of a regional returning officer, three newspapers circulating in the region; and



(b) send - 



(i) in the case of a constituency returning officer, to each of the election agents; and

(ii) in the case of a regional returning officer, to the election agents and the nominating officers for each registered party submitting a regional list in relation to that region,



a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected.

    (2) The Secretary of State shall, within 10 days after the end of the time allowed for delivering to him returns as to election expenses - 

(a) publish in not less than five newspapers circulating in Scotland; and

(b) send to each of the election agents for individual candidates for return as regional members and to the nominating officers of each registered party submitting a regional list,

a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected.

    (3) But if any return or declaration has not been received by the appropriate returning officer or the Secretary of State before the notice is dispatched for publication, the notice shall so state and the like notice about that return and declaration, if afterwards received, shall within 10 days after the receipt be published in like manner and sent to each of the election agents and each nominating officer for a registered party submitting a regional list other than - 

(a) an agent who is in fault or is agent for the candidate in fault; or

(b) a nominating officer who is in fault of who is the nominating officer for a registered party submitting a regional list on which there is included a candidate who is in fault.

Inspection of returns and declarations: candidates
     56.  - (1) Any return or declaration (including the accompanying documents) delivered to the appropriate officer under articles 39, 46 or 48 above - 

(a) shall be kept by the appropriate returning officer at some convenient place appointed by him; and

(b) shall at all reasonable times during the 2 years next after they are received by him be open to inspection by any person on payment of the fees set out in paragraph (2) below,

and the appropriate returning officer shall on demand and on payment of the fees set out in paragraph (3) below provide copies of them or any part of them.

    (2) The fee for inspecting a return or declaration (including any accompanying documents) specified in paragraph (1) above (which relates to the return and declarations of election expenses) shall be £1.50.

    (3) The fee payable for a copy of any such return, declaration or document, shall be at the rate of 15p for each side of each page.

    (4) After the expiry of those 2 years the appropriate returning officer - 

(a) may cause those returns and declarations (including the accompanying documents) to be destroyed; or

(b) if the candidate or his election agent so require shall return them to the candidate.

    (5) Any returns or declarations delivered under article 39 above shall be returned not to a candidate (if he or his election agents require) but to the person delivering them, if he so requires.

Inspection of returns and declarations: registered political parties
     57.  - (1) Any return or declaration (including the accompanying documents) delivered to the Secretary of State under articles 40, 47 or 49 above - 

(a) shall be kept at some convenient place in Scotland appointed by him; and

(b) shall at all reasonable times during the 2 years next after they are received by him be open to inspection by any person on payment of the fee set out in paragraph (2) below,

and the Secretary of State shall on demand and on payment of the fees set out in paragraph (3) below provide copies of them or any part of them.

    (2) The fee for inspecting a return or declaration (including any accompanying documents) specified in paragraph (1) above (which relate to the return and declarations of election expenses) shall be £1.50.

    (3) The fee payable for a copy of any such return, declaration or document, shall be at the rate of 15p for each side of each page.

    (4) After the expiry of those 2 years the Secretary of State - 

(a) may cause those returns and declarations (including the accompanying documents) to be destroyed; or

(b) if a party's nominating officer so requires, shall return them to him or such other person as the party's nominating officer may require.

    (5) Any returns or declarations delivered under article 40 above shall be returned not to a party's nominating officer (if he so requires) but to the person delivering them, if he so requires.

Right to send election address post free
     58.  - (1) At a Scottish parliamentary election - 

(a) each candidate, for return as a constituency member;

(b) each individual candidate for return as a regional member;

(c) the nominating officer of each registered political party which has submitted a regional list,

is entitled to send free of charge for postage either - 

(i) one unaddressed postal communication, containing matter relating to the election only not exceeding 60 grammes in weight, to each place in the constituency or, in the case of an individual candidate for return as a regional member or a nominating officer of a registered party submitting a regional list for a particular region, each place in the region, which, in accordance with the Post Office Regulations 1987 (as applied and modified by paragraph (6) below) constitutes a delivery point for the purposes of this article; or

(ii) one such postal communication addressed to each elector.

    (2) Any such candidate or, as the case may be, party's nominating officer is also, subject as mentioned in paragraph (1) above, entitled to send free of any charge for postage to each person entered in the list of proxies for the election one such communication as mentioned in paragraph (1) above for each appointment in respect of which that person is so entered.

    (3) A person shall not be deemed to be a candidate for return as a constituency member or to be an individual candidate for return as a regional member for the purposes of this article unless he is shown as standing nominated in the statement of persons nominated but until publication of that statement any person who declares himself to be such a candidate shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the Post Office for the payment of postage should he not be shown as standing nominated as mentioned above.

    (4) A registered party shall not be deemed to have submitted a regional list for the purposes of this article unless that party is shown as standing nominated in the statement published under rule 19 of the Scottish Parliamentary Election Rules but until the publication of that statement the nominating officer of a party which has submitted a regional list shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the Post Office should the party not be shown as standing nominated as mentioned above.

    (5) For the purposes of this article, "elector" means a person - 

(a) who is registered as a local government elector in the constituency or region for which the election is to be held in the register to be used at the election; or

(b) who, pending the publication of that register appears in the electors' lists for such a register (as corrected by the registration officer) to be entitled to be so registered,

and accordingly includes a person shown in the register or electors lists as below voting age if it appears from that register or those lists that he will be of voting age on the day fixed for the poll, but not otherwise.

    (6) The Post Office Regulations 1987 shall have effect in relation to a Scottish parliamentary election subject to the following modifications - 

(a) in regulation 1, the reference to "section 91 of the Representation of the People Act 1983" shall be construed as a reference to this article;

(b) any reference to "constituency" shall - 


(i) in relation to a candidate for return as a constituency member, be construed as a reference to a constituency for the purposes of the 1998 Act; and

(ii) in relation to a registered party's nominating officer or individual candidate for return as a regional member be construed as a reference to a region for the purposes of the 1998 Act;



(c) a reference to "candidate" shall be construed as including a reference to a registered party's nominating officer; and

(d) a reference to "the statement of persons nominated" in the case of an individual candidate for return as a regional member or a registered party's nominating officer shall be construed as a reference to the statement published under rule 19 of the Scottish Parliamentary Election Rules.

    (7) If the area of a regional returning officer is situated in the area of more than one Head Postmaster, the controlling Head Postmaster for the purposes of the Post Office Regulations 1987 as applied by paragraph (6) above shall be determined by that regional returning officer.

Broadcasting from outside United Kingdom
     59.  - (1) No person shall, with intent to influence persons to give or refrain from giving their votes at a Scottish parliamentary election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with- - 

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

(c) the holder of any licence granted by the Independent Television Commission or the Radio Authority,

for the reception and re-transmission of that matter by that body or the holder of that licence.

    (2) An offence under this article shall be an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act as applied by this Order.

    (3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves - 

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Imitation poll cards
     60. No person shall for the purpose of promoting or procuring a particular result at a Scottish parliamentary election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and paragraphs (2) and (3) of article 59 above apply as if an offence under this article were an offence under that article.

Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
     61.  - (1) Subject to the provisions of this article, a candidate for return as a constituency member at a Scottish parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with the Scottish Parliamentary Election Rules and the day preceding the date of the poll of - 

(a) a suitable room in the premises of a school to which this article applies;

(b) any meeting room to which this article applies.

    (2) This article applies to any school of which the premises are situated in the constituency or an adjoining constituency, not being an independent school within the meaning of the Education (Scotland) Act 1980[9] but a candidate is not entitled under this article to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this article applies.

    (3) This article applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

    (4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened - 

(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

    (5) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or from interference with a meeting room either for the purpose of the person maintaining it or under a prior agreement for its letting for any purpose.

    (6) For the purposes of this article (except those of sub-paragraph (b) of paragraph (4) above) the premises of a school shall not be taken to include any private dwellinghouse, and in this article - 

(a) the expression "meeting room" means any room which it is the practice to let for public meetings; and

(b) the expression "room" includes a hall, gallery or gymnasium.

Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
     62.  - (1) Subject to the provisions of this article - 

(a) an individual candidate for return as a regional member at a Scottish parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature; and

(b) a registered party submitting a regional list is entitled for the purpose of holding public meetings for the purpose of promoting or procuring the giving of votes for that registered party,

to the use free of charge at reasonable times between the last date on which notice of the election may be published in accordance with the Scottish Parliamentary Election Rules and the day preceding the date of the poll of - 

(i) a suitable room in the premises of a school to which this article applies;

(ii) any meeting room to which this article applies.

    (2) This article applies to any school of which the premises are situated in the region, not being an independent school within the meaning of the Education (Scotland) Act 1980.

    (3) This article applies to meeting rooms situated in the region, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate or by a body whose expenses are so payable.

    (4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the candidate, or as the case may be, registered party by whom or on whose behalf the meeting is convened - 

(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendants for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or to the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

    (5) A person is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

    (6) The provisions of Schedule 7 to this Order have effect with respect to the rights conferred by this article and article 61 above and the arrangements to be made for their exercise.

    (7) For the purposes of this article (except those of paragraph (4)(b) above), the premises of a school shall not be taken to include any private dwellinghouse, and in this article - 

(a) the expression "meeting room" means any room which it is the practice to let for public meetings; and

(b) the expression "room" includes a hall, gallery or gymnasium.

Disturbances at Scottish parliamentary election meetings
     63.  - (1) A person who at a lawful public meeting to which this article 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 shall be guilty of an illegal practice.

    (2) This article applies to a political meeting held - 

(a) in relation to an election for return of a constituency member, in that constituency; and

(b) in relation to an election for return of regional members, in that region,

during the period beginning with the last day on which notice of election may be published in accordance with the Scottish Parliamentary Election Rules and ending with the day of election.

    (3) If a constable reasonably suspects any person of committing an offence under paragraph (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Officials not to act for candidates
     64.  - (1) If - 

(a) any constituency returning officer or regional returning officer;

(b) any officer or clerk appointed under the Scottish Parliamentary Election Rules; or

(c) any partner or clerk of any such person,

acts as an agent for a candidate or a registered party in the conduct or management of the election, he shall be guilty of an offence, but nothing in this article prevents a candidate from acting as his own election agent or a candidate on a registered party's regional list from acting as election agent for that registered party in relation to that list.

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

Illegal canvassing by police officers
     65.  - (1) No member of a police force shall, at a Scottish parliamentary election, by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy, for the return of any constituency or regional member where the constituency or region falls wholly or partly within the police area for which that police force is maintained.

    (2) A person acting in contravention of paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.

No hiring of vehicles to convey voters
     66.  - (1) A person shall not let, lend, or employ any public vehicle for the purpose of the conveyance of electors or their proxies to or from the poll at a Scottish parliamentary election, and if he does so knowing that the public vehicle is intended to be used for that purpose he shall be guilty of an illegal hiring.

    (2) A person shall not hire, borrow or use for the purpose of the conveyance of electors or their proxies to or from the poll at a Scottish parliamentary election any public vehicle the owner of which he knows to be prohibited by paragraph (1) above from letting, lending or employing for that purpose, and if he does so he shall be guilty of an illegal hiring.

    (3) In this article "public vehicle" means any public stage or hackney carriage or any carriage kept or used for the purpose of letting out for hiring.

No payments for conveyance of voters
     67. If any payment or contract for payment is knowingly made, either before, during or after a Scottish parliamentary election, for the purpose of promoting or procuring the giving of a vote for a candidate or registered party on account of the conveyance of electors or their proxies to or from the poll, whether for the hire of carriages, or for railway fares, or otherwise - 

(a) the person making the payment or contract; and

(b) if he knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

Provisions supplemental to articles 66 and 67
     68. Nothing in articles 66 and 67 above prevents a carriage being let, hired, employed or used by an elector or his proxy or several electors or their proxies at their joint cost, for the purpose of being conveyed to or from the poll.

"Carriage" in articles 66 and 67
     69. In articles 66 and 67 - 

(a) "carriage" includes for the purposes of those articles - 


(i) any mechanically propelled vehicle intended or adapted for use on roads; and

(ii) any vehicle drawn by such a vehicle,



and any such vehicle as so described shall be deemed to be a public vehicle for the purposes of article 66 if used as such; and

(b) the provisions of those articles apply in relation to horses or other animals as they apply in relation to carriages, and any reference in article 66 to a public vehicle includes a reference to horses or other animals kept or used for drawing such vehicles.

Access to polling place by sea
     70.  - (1) Where the nature of a Scottish parliamentary constituency or region is such that any electors or proxies for electors resident there are unable at a Scottish parliamentary election to reach their polling place without crossing the sea or a branch or arm of the sea, nothing in this Order prevents the provision of means for conveying those electors or proxies by sea to their polling place.

    (2) The amount of any payment for such means of conveyance as are mentioned in paragraph (1) above may be in addition to the maximum amount of expenses allowed by this Order.

    (3) No restriction on the expenses to be incurred by a returning officer shall prevent a returning officer employing special steamers or boats for the purposes of a Scottish parliamentary election in any constituency in Scotland having a polling place or polling places so situated as not to be accessible except by sea, but the expenses so incurred shall be included in the returning officer's account, and shall be subject to taxation.

False statements as to candidates
     71.  - (1) A person who, or any director of any body or association corporate which - 

(a) before or during a Scottish parliamentary election;

(b) for the purpose of affecting the candidate for whom, or registered political party for which, a vote is given at the election,

makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate (including any candidate included in a registered party's regional list) shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.

    (2) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (1) above committed - 

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by his agent other than his election agent;

(b) in the case of a candidate included in a registered party's regional list, by the agent of that party other than its election agent,

unless - 

(i) it can be shown that the candidate or his election agent or in the case of a candidate on a registered party's regional list, that registered party's election agent in relation to that list has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

(ii) an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publish ing of such false statements.

    (3) A person making or publishing any false statement of fact as mentioned above may be restrained by interdict or interim interdict of the Court of Session or the sheriff court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates.

    (4) Any person who, before or during a Scottish parliamentary election, knowingly publishes a false statement of a withdrawal of candidature at the election for the purpose of promoting or procuring a particular result at that election shall be guilty of an illegal practice.

    (5) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (4) above committed by his agent (or in the case of a candidate included in a party's regional list, the agent of that party) other than the election agent for that candidate, or as the case may be, party.

Corrupt withdrawal from candidature
     72. Any person who corruptly induces or procures any other person to withdraw from being a candidate at a Scottish parliamentary election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Premises not to be used as committee rooms
     73.  - (1) If a person at a Scottish parliamentary election - 

(a) hires or uses any premises to which this article applies, or any part of them, for a committee room for the purpose of promoting or procuring a particular result at the election; or

(b) lets any premises to which this article applies, or any part of them, knowing that it was intended to use them or that part as a committee room,

he shall be guilty of an illegal hiring.

    (2) This article applies to the premises of all schools other than independent schools within the meaning of the Education (Scotland) Act 1980.

    (3) For the purposes of this article, the premises of a school shall be taken to include any dwelling house which forms part of the school and is occupied by a person employed for the purposes of the school.

Payments for exhibition of election notices
     74.  - (1) No payment or contract for payment for the purpose of promoting or procuring a particular result at a Scottish parliamentary election shall be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless - 

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and

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

    (2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after an election - 

(a) the person making the payment or contract; and

(b) if he knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

Printer's name and address on election publications
     75.  - (1) A person shall not - 

(a) print or publish, or cause to be printed or published, any bill, placard or poster having reference to a Scottish parliamentary election or any printed document distrib uted for the purpose of promoting or procuring a particular result at the election; or

(b) post or cause to be posted any such bill, placard or poster as mentioned above; or

(c) distribute or cause to be distributed any printed document for that purpose,

unless the bill, placard, poster or document bears upon its face the name and address of the printer and publisher.

    (2) For the purposes of this article, any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly.

    (3) A candidate or election agent acting in contravention of this article shall be guilty of an illegal practice, and any other person so acting shall on summary conviction be liable to a fine not exceeding the amount specified as level 5 on the standard scale.

Prohibition of paid canvassers
     76. If a person is, either before, during or after a Scottish parliamentary election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the election - 

(a) the person so engaging or employing him; and

(b) the person so engaged or employed,

shall be guilty of illegal employment.

Providing money for illegal purposes
     77. Where a person knowingly provides money - 

(a) for any payment which is contrary to the provisions of this Order;

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

(c) for replacing any money expended in any such payment or expenses,

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 of the 1983 Act as applied by this Order to be an exception, that person shall be guilty of an illegal payment.

Bribery
     78.  - (1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

    (2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf  - 

(a) gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting;

(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting; or

(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, a particular result at a Scottish parliamentary election or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure a particular result at a Scottish parliamentary election or the vote of any voter.

    (3) For the purposes of paragraph (2) above - 

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

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

    (4) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at a Scottish parliamentary election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

    (5) The foregoing provisions of this article shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a Scottish parliamentary election.

    (6) A voter shall be guilty of bribery if before or during a Scottish parliamentary election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

    (7) A person shall be guilty of bribery if after a Scottish parliamentary election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

    (8) In this article the expression "voter" includes any person who has or claims to have a right to vote.