§ Elections Act 2022 Sch. 11 ¶ 2(untitled)

1 This paragraph applies if— a apart from this paragraph, a candidate at an election to the Scottish Parliament, or an election agent of such a candidate, would be guilty of an offence under section 48 (1) , and b the offence under section 48 (1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within— i section 43(4) as it applies to candidates at the election, or ii section 45 (5) as it applies to candidates at the election. 2 The candidate or election agent is instead guilty of an illegal practice. 3 The Scottish Parliament (Elections etc.) Order 2015 ( S.S.I. 2015/425 ) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 72(12) of that Order (details to appear on election publications).