Electoral Reform Act 2022

Obligation to provide information or statutory declaration if required

35. (1) The Commission may request, from a body that applies for a declaration under section 33 , all such information or documents in the possession or procurement of the body that the Commission reasonably requires from it for the purposes of the determination of the application under that section.

(2) Where the Commission makes a request under subsection (1), the nominated person of the body shall furnish to the Commission the information or documents within the time (being not more than 7 days from the day on which the request is made) specified in the request and, if the nominated person does not comply with the request, the application of that body for a declaration under section 33 shall be deemed to be withdrawn.

(3) The Commission may require that information furnished to the Commission under this section shall be accompanied by a statutory declaration made by the nominated person concerned that, to the best of the person’s knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps to ensure the accuracy of the information.

(4) A person who knowingly furnishes false information pursuant to a request under this section shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a class E fine or imprisonment for a term not exceeding 3 months or both.

(6) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.