113. (1) In case a person by whom a replacement candidates list is signed makes a declaration on such list that he or she has read the notes on the list and believes that each of the persons whose names appear on the list as being replacement candidates—

(a) is eligible for nomination under this Act as a replacement candidate and has consented to such nomination, and

(b) none of such persons stands validly nominated as a replacement candidate in respect of any other constituency, or is a candidate at the election in any other Member State,

then if any person whose name so appears,

(i) is not eligible for nomination or has not consented to such nomination, or

(ii) stands validly so nominated in respect of any other constituency or is a candidate at the election in any other Member State,

the person by whom the declaration is made shall be guilty of an offence.

(2) In a prosecution for an offence under paragraph (1), it shall be a good defence for the defendant to show that he or she had reasonable grounds for believing that the relevant person or, as may be appropriate, a relevant person was eligible for nomination under this Act as a replacement candidate and had consented to such nomination, did not stand validly nominated as a replacement candidate in respect of any other constituency and was not a candidate at the election in any other Member State.