Art. 3 in force at 16.12.2015 in accordance with art. 1(1)

Art. 4 in force at 16.12.2015 in accordance with art. 1(1)

Art. 5 in force at 16.12.2015 in accordance with art. 1(1)

Art. 6 in force at 16.12.2015 in accordance with art. 1(1)

Art. 7 in force at 16.12.2015 in accordance with art. 1(1)

Art. 8 in force at 16.12.2015 in accordance with art. 1(1)

Art. 9 in force at 16.12.2015 in accordance with art. 1(1)

Art. 10 in force at 16.12.2015 in accordance with art. 1(1)

Art. 11 in force at 16.12.2015 in accordance with art. 1(1)

Art. 12 in force at 16.12.2015 in accordance with art. 1(1)

Art. 13 in force at 16.12.2015 in accordance with art. 1(1)

Art. 14 in force at 16.12.2015 in accordance with art. 1(1)

Art. 15 in force at 16.12.2015 in accordance with art. 1(1)

Art. 16 in force at 16.12.2015 in accordance with art. 1(1)

Art. 17 in force at 16.12.2015 in accordance with art. 1(1)

Art. 18 in force at 16.12.2015 in accordance with art. 1(1)

Art. 19 in force at 16.12.2015 in accordance with art. 1(1)

Art. 20 in force at 16.12.2015 in accordance with art. 1(1)

Art. 21 in force at 16.12.2015 in accordance with art. 1(1)

Art. 22 in force at 16.12.2015 in accordance with art. 1(1)

Art. 23 in force at 16.12.2015 in accordance with art. 1(1)

Art. 24 in force at 16.12.2015 in accordance with art. 1(1)

Art. 25 in force at 16.12.2015 in accordance with art. 1(1)

Art. 26 in force at 16.12.2015 in accordance with art. 1(1)

Art. 27 in force at 16.12.2015 in accordance with art. 1(1)

Art. 28 in force at 16.12.2015 in accordance with art. 1(1)

Art. 29 in force at 16.12.2015 in accordance with art. 1(1)

Art. 30 in force at 16.12.2015 in accordance with art. 1(1)

Art. 31 in force at 16.12.2015 in accordance with art. 1(1)

Art. 3A inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 3 (with art. 1(2))

Art. 4 heading substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(2) (with art. 1(2))

Words in art. 4(3) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(3) (with art. 1(2))

Words in art. 4(5) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(4)(a) (with art. 1(2))

Words in art. 4(5) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 4(4)(b) (with art. 1(2))

Word in art. 7(6)(a) revoked (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), s. 12(1), sch. para. 2(2)(a)

Art. 7(6)(c) and word inserted (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), s. 12(1), sch. para. 2(2)(b)

Word in art. 8(3)(d) revoked (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), s. 12(1), sch. para. 2(3)(a)

Art. 8(3)(f) and word inserted (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), s. 12(1), sch. para. 2(3)(b)

Art. 10(4A) inserted (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), s. 12(1), sch. para. 2(4)

Words in art. 21(1) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 5(2) (with art. 1(2))

Words in art. 21(2)(b)(iii) substituted (3.8.2020) by The Scottish Parliament (Elections etc.) Amendment Order 2020 (S.S.I. 2020/179), arts. 1(2), 4; S.S.I. 2020/162, reg. 2

Art. 21(4)(5) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 5(3) (with art. 1(2))

Words in art. 22 inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 6 (with art. 1(2))

Art. 23(3) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 7 (with art. 1(2))

Art. 7(1)-(5) excluded (2.8.2019) by The Representation of the People Act 1983 Remedial (Scotland) Order 2019 (S.S.I. 2019/261), arts. 1, 8

http://www.legislation.gov.uk/ssi/2015/425/part/2/2020-12-11The Scottish Parliament (Elections etc.) Order 2015enCONSTITUTIONAL LAWREPRESENTATION OF THE PEOPLEStatute Law Database2024-05-15Expert Participation2020-12-11This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order replaces provision made by the Scottish Parliament (Elections etc.) Order 2010 (“the 2010 Order”). These Explanatory Notes explain the general effect of the Order and highlight some differences from the approach of the 2010 Order.The Scottish Parliament (Elections etc.) Order 2015PART 2THE FRANCHISE AND ITS EXERCISE
Supply of electoral registers3.

Schedule 1 (which makes provision in connection with supply of electoral registers) has effect.

Register of electors etc.3A.

Subject to article 4(5) and sections 13AB (alteration of registers: interim publication dates) and 13B (alteration of registers: pending elections) of the 1983 Act, an alteration in a published version of the register of electors under section 13A or 56 of the 1983 Act (alteration of registers and registration appeals) which is to take effect after the fifth day before the date of the poll for an election does not have effect for the purposes of that election.

Registration and absent voting appeals4.(1)

An appeal lies to the sheriff from any decision under this Order of the ERO disallowing a person’s application to vote—

(a)

by proxy or by post as elector; or

(b)

by post as proxy,

in any case where the application is not made for a particular Scottish parliamentary election only.

(2)

An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act (Registration Appeal Court) (“the registration appeal court”).

(3)

An appeal made by virtue of this article or section 56 of the 1983 Act (registration appeals) which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4)

The sheriff clerk (or clerk to the registration appeal court) shall send to the ERO, by recorded delivery, notice of the decision of the sheriff (or of the registration appeal court) on any appeal by virtue of this article, and the ERO must make such alterations in the—

(a)

record kept under article 8(4) (absent voters); or

(b)

record kept under article 11(5) (proxy voters),

as may be required to give effect to the decision.

(5)

Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register of electors is made which takes effect under this article or under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.

Polling districts and places at elections5.(1)

Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

(2)

The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections under sections 18A and 18B of the 1983 Act

Sections 18A and 18B were substituted by the 2006 Act, section 16.

(polling districts and polling places), except where it appears to the local authority (or local authorities) for the area of that polling district or location of that polling place that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

(3)

An election shall not be questioned by reason of—

(a)

any non-compliance with the provisions of this article; or

(b)

any informality relating to polling districts or polling places.

Rules for Scottish parliamentary elections6.(1)

The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules.

(2)

It is the general duty of every CRO and RRO at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

(3)

No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a CRO, RRO or any other person in breach of that person’s official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that—

(a)

the election was so conducted as to be substantially in accordance with the law as to Scottish parliamentary elections; and

(b)

the act or omission did not affect the result.

(4)

Schedule 2 (Scottish Parliamentary Election Rules) has effect.

(5)

Schedule 8 (access to marked registers and other documents open to public inspection after an election) has effect.

Manner of voting at Scottish parliamentary elections7.(1)

This article applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a Scottish parliamentary election.

(2)

P may vote in person at the polling station allotted to P under this Order, unless P is entitled as an elector to an absent vote at the election.

(3)

P may vote by post if P is entitled as an elector to vote by post at the election.

(4)

If P is entitled to vote by proxy at the election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station allotted to P under this Order for a ballot paper for the purposes of voting in person, in which case P may vote in person there.

(5)

P may vote in person at any polling station in the constituency if—

(a)

P is not entitled as an elector to an absent vote at the election; but

(b)

P cannot reasonably be expected to go in person to the polling station allotted to P under this Order by reason of the particular circumstances of P’s employment, either as a constable or by a CRO or RRO, on the date of the poll for a purpose connected with the election.

(6)

Nothing in the preceding provisions of this article applies to—

(a)

a person (“Q”) to whom section 7 of the 1983 Act

Section 7 was substituted by the 2000 Act, section 4. It was amended by the 2006 Act, section 12(1), the Electoral Registration and Administration Act 2013, Schedule 4, paragraph 2 and S.I. 2005/2078, Schedule 1, paragraph 1(3).

(mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether Q is registered by virtue of that provision or not, and Q may vote—

(i)

in person (where Q is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission); or

(ii)

by post or by proxy (where Q is entitled as an elector to vote by post or, as the case may be, by proxy at the election); ...

(b)

a person (“R”) to whom section 7A of that Act

Section 7A was inserted by the 2000 Act, section 5. It was amended by the 2006 Act, section 12(2), the Electoral Registration and Administration Act 2013, Schedule 4, paragraph 3, S.I. 2005/2078, Schedule 1, paragraph 1(4) and S.S.I. 2005/465, Schedule 1, paragraph 12(4).

(persons remanded in custody etc.) applies, whether R is registered by virtue of that provision or not, and R may only vote by post or by proxy (where R is entitled as an elector to vote by post or, as the case may be, by proxy at the election) ; or

(c)

a person to whom section 3(1A) of that Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

(7)

Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules (entitlement to mark a tendered ballot paper).

(8)

For the purposes of this Order, a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if that person is shown in the postal voters list or the list of proxies for the election as so entitled; and references in this Order to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Scottish parliamentary elections for an indefinite or a particular period8.(1)

Where a person applies to the ERO to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the application) the ERO shall grant the application if—

(a)

the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(b)

the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).

(2)

Where a person applies to the ERO to vote by proxy at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the person’s application), the ERO shall grant the application if—

(a)

the ERO is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates;

(b)

the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(c)

the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.

(3)

For the purposes of this article, a person (“P”) is eligible to vote by proxy at Scottish parliamentary elections if P—

(a)

is or will be registered as a service voter;

(b)

has an anonymous entry in the register of electors;

(c)

cannot reasonably be expected—

(i)

to go in person to the polling station allotted or likely to be allotted to P under this Order; or

(ii)

to vote unaided there,

by reason of blindness or other disability;

(d)

cannot reasonably be expected to go in person to that polling station by reason of the general nature of P’s occupation, service or employment or that of P’s spouse or civil partner or by reason of P’s attendance on a course provided by an educational institution or that of P’s spouse or civil partner; ...

(e)

cannot go in person from P’s qualifying address to that polling station without making a journey by air or sea ; or

(f)

is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.

(4)

The ERO shall keep a record of those whose applications under this article have been granted showing—

(a)

whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period);

(b)

in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent; and

(c)

in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(5)

The ERO shall remove a person (“Q”) from the record kept under paragraph (4)—

(a)

if Q applies to the ERO to be removed;

(b)

in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if Q ceases to have an anonymous entry;

(c)

in the case of any registered person, if Q ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—

(i)

a service declaration; or

(ii)

a declaration of local connection;

(d)

in the case of any person shown in the record as voting by proxy, if the ERO gives notice that the ERO has reason to believe there has been a material change of circumstances; or

(e)

in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.

(6)

Where a person (whether an elector or a proxy) is, under paragraph (5), removed from the record kept under paragraph (4), the ERO must notify that person in accordance with paragraph 10(6) of Schedule 3 (notification where person removed from absent voting record).

(7)

A person shown in the record kept under paragraph (4) as voting by post or voting by proxy (in either case, whether for an indefinite period or for a particular period) may make a further application under paragraph (1) or (2) to change the method of voting or period of time stated in that record.

(8)

The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a)

to provide a signature because of any disability the applicant has;

(b)

to provide a signature because the applicant is unable to read or write; or

(c)

to sign in a consistent and distinctive way because of any such disability or inability.

(9)

The ERO must also keep a record in relation to those whose applications under this article have been granted showing—

(a)

their dates of birth; and

(b)

except in cases where the ERO in pursuance of paragraph (8) has dispensed with the requirement to provide a signature, their signatures.

(10)

The record kept under paragraph (9) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

(11)

In this article “qualifying address” means, in relation to a person registered in a register of electors, the address in respect of which that person is entitled to be so registered.

Absent vote at a particular Scottish parliamentary election and special lists9.(1)

Where a person applies to the ERO to vote by post at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—

(a)

the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(b)

the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).

(2)

Where a person applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—

(a)

the ERO is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under this Order;

(b)

the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(c)

the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.

(3)

Where a person who has an anonymous entry in the register of electors applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application if it meets the requirements set out in Schedule 3.

(4)

Paragraphs (1) and (2) do not apply to a person who is included in the record kept under article 8; but such a person may, in respect of a particular Scottish parliamentary election, apply to the ERO—

(a)

for that person’s ballot papers to be sent to a different address; or

(b)

to vote by proxy,

if that person is shown in the record so kept as voting by post and the ERO shall grant the application if it meets the requirements set out in Schedule 3.

(5)

The ERO shall, in respect of each Scottish parliamentary election, keep two special lists—

(a)

a list (“the postal voters list”) of—

(i)

those who are for the time being shown in the record kept under article 8 as voting by post (excluding those so shown whose applications under paragraph (4) to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under article 8 or, as the case may be, paragraph (4) as the addresses to which their ballot papers are to be sent; and

(ii)

those whose applications under paragraph (1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent; and

(b)

a list (“the list of proxies”) of those who are for the time being shown in the record kept under article 8 as voting by proxy or whose applications under this article to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.

(6)

In the case of a person who has an anonymous entry in the register of electors any entry in the special lists referred to in paragraph (5) must show in relation to the person only the person’s electoral number.

(7)

The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a)

to provide a signature because of any disability the applicant has;

(b)

to provide a signature because the applicant is unable to read or write; or

(c)

to sign in a consistent and distinctive way because of any such disability or inability.

(8)

The ERO must also keep a record in relation to those whose applications under this article have been granted showing—

(a)

their dates of birth; and

(b)

except in cases where the ERO in pursuance of paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9)

The record kept under paragraph (8) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

(10)

As soon as reasonably practicable after completion of the compilation of each of the postal voters list and the list of proxies, the ERO shall supply a copy of that list to the CRO.

Proxies at Scottish parliamentary elections10.(1)

Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 11 referred to as “the elector”) at any Scottish parliamentary election and may vote in pursuance of the appointment.

(2)

The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a Scottish parliamentary election.

(3)

A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election—

(a)

unless the ERO is satisfied that the person is or will be registered in the register of electors, or

(b)

if that person is subject to any legal incapacity (age apart) to vote at that election as an elector.

(4)

A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll that person has attained the age of 16.

(4A)

A person is not capable of voting as proxy at a Scottish parliamentary election if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.

(5)

A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6)

Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in the elector’s application), the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting) and the ERO is satisfied that the elector is or will be—

(a)

registered in the register of electors; and

(b)

shown in the record kept under article 8 (absent vote at Scottish parliamentary elections for an indefinite or a particular period) as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.

(7)

Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at a particular Scottish parliamentary election, the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 and the ERO is satisfied that the elector is or will be—

(a)

registered in the register of electors for that election; and

(b)

entitled to vote by proxy at that election by virtue of an application under article 9 (absent vote at a particular Scottish parliamentary election),

and that the proxy is capable of being, and willing to be, appointed.

(8)

The appointment of a proxy under this article is to be made by means of a proxy paper issued by the ERO.

(9)

The appointment may be cancelled by the elector by giving notice to the ERO, and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for the elector at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

(10)

Subject to paragraph (9), the appointment shall remain in force—

(a)

in the case of an appointment for a particular election, for that election; and

(b)

in any other case, while the elector is shown as voting by proxy in the record kept under article 8 in pursuance of the same application under that article.

(11)

Paragraph 12 of Schedule 3 (cancellation of proxy appointment) provides for the steps to be taken where a proxy’s appointment is cancelled or ceases to be in force under paragraph (9) or is no longer in force under paragraph (10)(b).

(12)

The ERO may dispense with the requirement under paragraph (6) or (7) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a)

to provide a signature because of any disability the applicant has;

(b)

to provide a signature because the applicant is unable to read or write; or

(c)

to sign in a consistent and distinctive way because of any such disability or inability.

Voting as proxy11.(1)

A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless that person is entitled to vote by post as proxy for the elector at the election, in which case that person may vote by post.

(2)

Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3)

For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if that person is included in the proxy postal voters list kept under paragraph (7) in respect of the election.

(4)

Where a person applies to the ERO to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period, for a particular period specified in the person’s application or at a particular election), the ERO shall grant the application if—

(a)

the ERO is satisfied that the elector is or will be registered in the register of electors;

(b)

there is in force an appointment of the applicant as the elector’s proxy to vote for the elector; and

(c)

the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).

(5)

The ERO shall keep a record of those whose applications under paragraph (4) have been granted showing—

(a)

whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period); and

(b)

the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(6)

Where, in the case of a particular election, a person included in the record kept under paragraph (5) applies to the ERO for the person’s ballot papers to be sent to a different address, the ERO shall grant the application if it meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).

(7)

The ERO shall, in respect of each Scottish parliamentary election, keep a special list (“the proxy postal voters list”) of—

(a)

those who are for the time being included in the record kept under paragraph (5), together with the addresses provided by them in their applications under paragraph (4) or, as the case may be, paragraph (6) as the addresses to which their ballot papers are to be sent; and

(b)

those whose applications under paragraph (4) have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent,

and shall supply to the CRO a copy of that list as soon as reasonably practicable on completion of the compilation of it.

(8)

In the case of a person who has an anonymous entry in a register of electors the special list mentioned in paragraph (7) must contain only the person’s electoral number.

(9)

The ERO shall remove a person from the record kept under paragraph (5)—

(a)

if that person applies to the ERO to be removed;

(b)

in the case of a person who applied to vote by post as proxy for a particular period, once that period expires;

(c)

if the elector ceases to be registered in the register of electors; or

(d)

if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not that person is re-appointed).

(10)

Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules.

(11)

The ERO may dispense with the requirement under paragraph (4)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a)

to provide a signature because of any disability the applicant has;

(b)

to provide a signature because the applicant is unable to read or write; or

(c)

to sign in a consistent and distinctive way because of any such disability or inability.

(12)

The ERO must also keep a record in relation to those whose applications under paragraph (4) have been granted showing—

(a)

their dates of birth; and

(b)

except in cases where the ERO in pursuance of paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13)

The record kept under paragraph (12) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

Absent voting at elections: miscellaneous12.(1)

Section 59 of the 1983 Act

Section 59 was amended by the Representation of the People Act 1993 (c.29), section 1; the 2000 Act, Schedule 1, paragraph 16 and the 2006 Act, section 13.

(supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:—

(a)

in subsection (3) (right to register and vote in person, by post or by proxy), “this Act” shall be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act (service qualification as a member of the forces or being employed in the service of the Crown in a post outside the UK of a prescribed class or description) in relation to the making and cancellation of appointments of a proxy and in relation to voting by post; and

(b)

in subsection (3A) (right of members of forces and service voters to information about their right to vote), “this Act and any regulations made under it” shall be similarly construed.

(2)

Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.

(3)

Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls13.(1)

Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.

(2)

Where the polls at a Scottish parliamentary election and a local government election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.

(3)

For the purposes of paragraph (2) two areas are related if one is coterminous with, or situated wholly or partly within, the other.

(4)

Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Scottish Ministers may determine.

(5)

Schedule 5 (which makes provision about the combination of polls) has effect.

Constituency returning officers14.

The constituency returning officer for a Scottish parliamentary election shall be—

(a)

in the case of a constituency wholly situated in one local government area, the person who under section 41 of the 1983 Act (returning officers: local elections in Scotland) is the returning officer at elections of councillors for the local authority for that area;

(b)

in the case of a constituency situated in more than one local government area, such person mentioned above as the Scottish Ministers may by order direct (and an order made under this article may vary, amend or revoke any previous such order).

Officers of local authorities to be placed at disposal of returning officers15.(1)

Every local authority shall place at the disposal of the CRO for a constituency wholly or partly situated in their area, for the purpose of assisting the CRO in the discharge of any functions conferred on the CRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.

(2)

Every local authority shall place at the disposal of the RRO for a region wholly or partly situated in their area, for the purpose of assisting the RRO in the discharge of any function conferred on the RRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.

Returning officers: discharge of functions16.(1)

A CRO or RRO at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of the functions of that CRO or RRO under this Order.

(2)

Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each RRO and each CRO for a Scottish parliamentary constituency within each RRO’s region to co-operate with each other in the discharge of their functions under this Order.

(3)

The duty imposed by paragraph (2) applies as between CROs in any region as well as between such officers and the RRO for that region.

Returning officers: general17.(1)

A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

(2)

A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a CRO or a RRO at that election.

Payments by and to returning officers18.(1)

A CRO and RRO are each entitled to recover their charges for services rendered and expenses incurred for and in connection with a Scottish parliamentary election, provided those services and expenses were necessary for the efficient and effective conduct of the election.

(2)

The Scottish Ministers may, by regulations—

(a)

specify a total amount that such charges may not exceed;

(b)

provide a method for calculating the total amount that those charges may not exceed;

(c)

specify, or provide a method for calculating, total amounts for services or expenses of particular types;

(d)

make provision as to the time when, and the manner and form in which, accounts are to be submitted to the Scottish Ministers for payment of such charges.

(3)

A CRO or RRO may not recover more than any total amount set by regulations under paragraph (2), unless the Scottish Ministers are satisfied that it was reasonable for the CRO or RRO to render the services or incur the expenses, and that the charges are reasonable.

(4)

Regulations under paragraph (2) may—

(a)

make different provision for different cases, circumstances or areas;

(b)

vary, amend or revoke any previous such regulations;

(c)

contain such incidental, supplemental, saving or transitional provisions as the Scottish Ministers think fit.

(5)

The amount of any charges recoverable in accordance with this article shall be charged on and paid out of the Scottish Consolidated Fund on an account being submitted to the Scottish Ministers, but the Scottish Ministers may if they think fit, before payment, apply for the account to be taxed under the provisions of article 19.

(6)

Where a local authority requires to pay superannuation contributions in respect of any person that are increased by a fee paid under this article as part of the charges of a CRO or RRO at a Scottish parliamentary election, then on an account being submitted to the Scottish Ministers a sum equal to the increase shall be charged on and paid out of the Scottish Consolidated Fund to the local authority.

(7)

On a request by a CRO or RRO for an advance on account of their charges, the Scottish Ministers may make such an advance, on such terms as they think fit.

Taxation of returning officer’s account19.(1)

An application for the account of a CRO or a RRO (“the claimant”) to be taxed shall be made to the Auditor of the Court of Session.

(2)

On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as the Auditor thinks fit, and finally to determine the amount payable to the claimant.

(3)

On any such application the claimant may apply to the Auditor to examine any claim made by any person against the claimant in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving the claimant an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.

Loan of equipment for Scottish parliamentary elections20.

Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a CRO at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers21.(1)

A person registered as a local government elector or entered in the list of proxies must not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (2); but this shall not prevent the rejection of the vote on a scrutiny, or affect that person’s liability to any penalty for voting.

(2)

The grounds referred to in paragraph (1) are that the person—

(a)

is not of voting age;

(b)

is not, or, on the relevant date or the date of the person’s appointment (as the case may be), was not—

(i)

a Commonwealth citizen;

(ii)

a citizen of the Republic of Ireland;

(iii)

a qualifying foreign national;

(c)

is, or, on the relevant date or the date of the person’s appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

(3)

In paragraph (2), the “relevant date” means—

(a)

in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act

Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.

(requirement to publish the revised register following annual canvas by 1st December), the 15th October immediately preceding the date of publication of the register;

(b)

in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act

Section 4 was substituted by the 2000 Act, section 1(2) and amended by the 2006 Act, Schedule 1, paragraph 3.

(entitlement to be registered as parliamentary or local government elector).

(4)

Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, will, for any purpose of this Part relating to that person as elector, be conclusive that until the date given in the entry that person is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

(5)

Article 21(4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of local government electors.

Effect of misdescription22.

No misnomer or inaccurate description of any person or place named in the register of electors, or in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Order affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties23.(1)

Any of the duties and powers of an ERO under this Order may be performed and exercised by any depute for the time being approved by the local authority which appointed the ERO, and the provisions of this Order apply to any such depute so far as respects any duties or powers to be performed or exercised by that depute as they apply to the ERO.

(2)

It shall be the duty of each local authority to assign such officers to assist the ERO appointed by that authority as may be required for carrying out the ERO’s functions under this Order.

(3)

An ERO must comply with any general or specific directions which may be given by the Scottish Ministers, in accordance with, and on the recommendation of, the Electoral Commission under section 8(1) of the 2000 Political Parties Act (directions as to discharge of registration duties), with respect to the arrangements to be made by the ERO in carrying out the ERO’s functions under this Order.

Payment of expenses of registration duties24.(1)

Any expenses properly incurred by an ERO in the performance of the ERO’s functions under this Order shall be paid by the local authority by which the ERO was appointed.

(2)

Any fees paid to the ERO under this Order shall be accounted for by the ERO and paid to the local authority by which the ERO was appointed.

(3)

On the request of an ERO for an advance on account of the expenses referred to in paragraph (1), the local authority by which the ERO was appointed may, if it thinks fit, make such an advance to the ERO of such an amount and subject to such conditions as it may approve.

Personation25.(1)

A person shall be guilty of a corrupt practice if that person commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2)

A person (“P”) shall be deemed to be guilty of personation at a Scottish parliamentary election if P—

(a)

votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b)

votes in person or by post as proxy—

(i)

for a person whom P knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii)

when P knows or has reasonable grounds for supposing that P’s appointment as proxy is no longer in force.

(3)

For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences26.(1)

A person (“P”) shall be guilty of an offence if—

(a)

P votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Scottish parliamentary election, or at Scottish parliamentary elections, knowing that P is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind;

(b)

P applies for the appointment of a proxy to vote for P at any Scottish parliamentary election or at Scottish parliamentary elections knowing that P or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c)

P votes, whether in person or by post, as proxy for some other person at a Scottish parliamentary election, knowing that that person is subject to a legal incapacity to vote.

(2)

For the purposes of paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include the person being below voting age if the person will be of voting age on that day.

(3)

A person (“Q”) shall be guilty of an offence if—

(a)

Q votes as elector—

(i)

more than once in any constituency at a poll for the return of a constituency member;

(ii)

more than once in any constituency at a poll for the return of regional members; or

(iii)

in more than one constituency at a Scottish parliamentary general election;

(b)

Q votes as elector in person at a Scottish parliamentary election at which Q is entitled to vote by post;

(c)

Q votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as Q’s proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d)

Q applies for a person to be appointed as Q’s proxy to vote for Q at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(4)

A person (“R”) shall be guilty of an offence if—

(a)

R votes as proxy for the same elector either—

(i)

more than once in the same constituency at any Scottish parliamentary election; or

(ii)

in more than one constituency at a Scottish parliamentary general election;

(b)

R votes in person as proxy for an elector at a Scottish parliamentary election at which R is entitled to vote by post as proxy for that elector; or

(c)

R votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.

(5)

A person (“S”) shall be guilty of an offence if S votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom S is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6)

A person shall be guilty of an offence if that person knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

(7)

For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted; but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if that right is not exercised, be disregarded.

(8)

A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 49(5) (entitlement to mark a tendered ballot paper) of the Scottish Parliamentary Election Rules.

(9)

An offence under this article shall be an illegal practice, but—

(a)

the court before whom a person is convicted of any such offence may, if it thinks 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)

Section 173 is applied by article 82 of and Schedule 6 to this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by S.I. 2007/931, article 2(4).

(incapacities on conviction of corrupt or illegal practices); and

(b)

a candidate shall not be liable, nor shall a candidate’s election be avoided, for an illegal practice under this article of any agent of that candidate other than an offence under paragraph (6).

(10)

Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right that person shall, for the purposes of this article, be treated as voting once in relation to each poll for which the person’s votes are given.

Offences relating to applications for postal and proxy votes27.(1)

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

(a)

engages in an act specified in paragraph (2), and

(b)

intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.

(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 connection with such an application;

(c)

inducing the ERO or CRO 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 paragraph (1)(b), property includes any description of property.

(4)

In 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 who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

Breach of official duty28.(1)

If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

(2)

No person to whom this article applies shall be liable for breach of that person’s official duty to any penalty at common law, and no action for damages shall lie in respect of the breach by such a person of that person’s official duty.

(3)

The persons to whom this article applies are—

(a)

any ERO, CRO, RRO or presiding officer;

(b)

any depute of such a person; and

(c)

any person appointed to assist or in the course of that person’s employment assisting a person mentioned in sub-paragraphs (a) or (b) in connection with the official duties of the person so mentioned.

(4)

“Official duty” shall not, for the purpose of this article, include duties imposed otherwise than by this Order.

Tampering with nomination papers, ballot papers etc.29.(1)

A person shall be guilty of an offence if, at a Scottish parliamentary election, that person—

(a)

fraudulently defaces or fraudulently destroys any nomination paper;

(b)

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;

(c)

without due authority supplies any ballot paper to any person;

(d)

fraudulently puts into any ballot box any paper other than the ballot paper which that person is authorised by law to put in;

(e)

fraudulently takes out of the polling station any ballot paper;

(f)

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 election; or

(g)

fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2)

A person shall be guilty of an offence if that person—

(a)

at a Scottish parliamentary election, forges any nomination paper, delivers to a CRO or RRO any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;

(b)

signs any nomination paper as candidate or as nominating officer for any registered party (or as a person authorised by such officer), or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(c)

fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(3)

Paragraph (4) applies to—

(a)

a CRO;

(b)

a RRO;

(c)

a presiding officer; and

(d)

a clerk appointed to assist in—

(i)

taking the poll;

(ii)

counting the votes; or

(iii)

proceedings in connection with the issue or receipt of postal ballot papers.

(4)

If a person to whom this paragraph applies is guilty of an offence under this article, that person shall be liable—

(a)

on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both;

(b)

on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding six months, or to both.

(5)

If any other person is guilty of an offence under this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

(6)

In this article “nomination paper” includes a regional list of a registered party.

False statements in nomination papers etc.30.(1)

A person (“P”) is guilty of a corrupt practice if, at a Scottish parliamentary election, P causes or permits to be included in a document delivered or otherwise furnished to a CRO or a RRO for use in connection with the election—

(a)

a statement of the name or home address of a candidate at the election which P knows to be false in any particular;

(b)

anything which purports to be the signature of a person who subscribes a nomination paper but which P knows—

(i)

was not written by the person by whom it purports to have been written; or

(ii)

if written by that person, was not written by that person for the purpose of subscribing that nomination paper;

(c)

a certificate under rule 6(2) of the Scottish Parliamentary Election Rules authorising the use by a registered party of a name or description if P knows that a candidate on that party’s list of candidates is also, in relation to a poll which is to be held on the same day as the election to which the certificate relates—

(i)

included in any other such list for the region or another region;

(ii)

an individual candidate to be a regional member for the region or another region;

(iii)

a candidate to be a constituency member for a constituency not included in the region; or

(iv)

a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party; or

(d)

a certificate under rule 7(1) of the Scottish Parliamentary Election Rules authorising the use by a constituency candidate of a description if P knows that the candidate is a candidate in another Scottish parliamentary constituency election in which the poll is to be held on the same day as the election to which the certificate relates.

(2)

A person (“Q”) is guilty of a corrupt practice if, in the case of a constituency election, Q makes in any document in which Q consents to nomination as a candidate—

(a)

a statement of Q’s date of birth;

(b)

a statement as to Q’s qualification for membership of the Scottish parliament; or

(c)

a statement that Q is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which Q knows to be false in any particular.

(3)

A person (“R”) is guilty of a corrupt practice if, in the case of an individual candidate at a regional election, R makes in any document in which R consents to nomination as a candidate—

(a)

a statement of R’s date of birth;

(b)

a statement as to R’s qualification for membership of the Scottish parliament; or

(c)

a statement that R is not a party list candidate at that regional election nor a candidate in another Scottish parliamentary election the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which R knows to be false in any particular.

(4)

A person (“S”) is guilty of a corrupt practice if, in the case of a party list candidate at a regional election, S makes in any document in which S consents to nomination as a candidate—

(a)

a statement of S’s date of birth;

(b)

a statement as to S’s qualification for membership of the Scottish parliament; or

(c)

a statement that S is not an individual candidate or a candidate on the list submitted by another registered party at that regional election or a candidate at another Scottish parliamentary election in which the poll is to be held on the same day as the poll at the election to which the consent relates,

which S knows to be false in any particular.

(5)

For the purposes of paragraphs (2), (3) and (4) a statement as to a candidate’s qualification is a statement—

(a)

that the candidate is qualified for being elected;

(b)

that the candidate will be qualified for being elected; or

(c)

that to the best of the candidate’s knowledge and belief the candidate is not disqualified from being elected.

Requirement of secrecy31.(1)

The following persons attending at a polling station, namely—

(a)

a CRO, RRO or a member of staff of a CRO or RRO;

(b)

a presiding officer or clerk;

(c)

a candidate (including a candidate on a party’s regional list);

(d)

a nominating officer of a registered party which has submitted a regional list;

(e)

an election agent;

(f)

a polling agent;

(g)

a person attending by virtue of sections 6A to 6D of the 2000 Political Parties Act

Sections 6A to 6D were inserted by the 2006 Act, section 29.

(representatives of the Electoral Commission and accredited observers),

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed the information described in paragraph (2).

(2)

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

(a)

the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(b)

the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(c)

the official mark being used in accordance with rule 30 of the Scottish Parliamentary Election Rules (“the official mark”).

(3)

Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall 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 candidate for whom or, as the case may be, registered party for which, any vote is given on any particular ballot paper.

(4)

No person shall—

(a)

interfere with or attempt to interfere with a voter when the voter is recording the voter’s vote;

(b)

otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted;

(c)

communicate at any time to any person any information obtained in a polling station as to the candidate for whom or the registered party 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 the name of the candidate for whom or the registered party for which the voter has or has not voted.

(5)

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

(a)

except for some 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 some 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 some 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 ballot papers the name of the candidate for whom or the registered party for which, any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(6)

No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered party 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.

(7)

No person may publish before the close of the poll—

(a)

any statement relating to the way in which voters have voted in the poll 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 or estimate as to the result of the election which is (or might reasonably be taken to be) based on information so given.

(8)

If a person acts in contravention of this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding six months.

(9)

In this article—

(a)

a voter with disabilities is a voter who has made a declaration under rule 48 of the Scottish Parliamentary Election Rules that the voter is so incapacitated by blindness or other disability or by inability to read, as to be unable to vote without assistance;

(b)

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

(c)

the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate, candidates, registered party or parties at the election are concerned.

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<uk:commentary href="#article-3" refersTo="#key-c78b4bd8fa050ac02fcb61d9f26a2f94"/>
<uk:commentary href="#article-3A" refersTo="#key-27bb7c20a4b93d3b25fbbe6d4d0177c7"/>
<uk:commentary href="#article-4" refersTo="#key-17ba22df8c3d5339fe3029d0c2734c9e"/>
<uk:commentary href="#article-4" refersTo="#key-2930421a30faa9ad86f64969e46288b7"/>
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<uk:commentary href="#article-5" refersTo="#key-8470a5c4f141e21e5e2f8dbc89ab26e1"/>
<uk:commentary href="#article-6" refersTo="#key-67b4f36df90e599726e92fd4e9e06ae3"/>
<uk:commentary href="#article-7" refersTo="#key-509d27579d3e6ffc1865c0f1c55ff34a"/>
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<uk:commentary href="#article-7" refersTo="#key-ca45319bc5c8ab907ef40abc56eec16f"/>
<uk:commentary href="#article-7" refersTo="#key-3c0a326795b77e00b16c707f551a0e41"/>
<uk:commentary href="#article-8" refersTo="#key-9fa64cdbc8a77e71229832abe473edcc"/>
<uk:commentary href="#article-8" refersTo="#key-64cc56f6a818d7d365190c572964f5e5"/>
<uk:commentary href="#article-8" refersTo="#key-783a83b3c45365cb0ce3c3363c880a18"/>
<uk:commentary href="#article-9" refersTo="#key-3fd31aec8bb277526e82a63d1511af6a"/>
<uk:commentary href="#article-10" refersTo="#key-4eaf4143f7d62401a0bdbe1fa483d57e"/>
<uk:commentary href="#article-10" refersTo="#key-e18ae3d9d1f32994245a9b0700e65f9c"/>
<uk:commentary href="#article-11" refersTo="#key-a8c2541778dd558eb0d98709bbc56985"/>
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<uk:commentary href="#article-14" refersTo="#key-f19d46b35817880d6259a17b16417077"/>
<uk:commentary href="#article-15" refersTo="#key-a799abd2d6d17c9fdfeeb710c00b3e08"/>
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<uk:commentary href="#article-21" refersTo="#key-0be6ad4018301a854e9473da827d8204"/>
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<TLCEvent eId="made" href="" showAs="Made"/>
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<notes source="#">
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-c78b4bd8fa050ac02fcb61d9f26a2f94" marker="I1">
<p>Art. 3 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-2930421a30faa9ad86f64969e46288b7" marker="I2">
<p>Art. 4 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-8470a5c4f141e21e5e2f8dbc89ab26e1" marker="I3">
<p>Art. 5 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-67b4f36df90e599726e92fd4e9e06ae3" marker="I4">
<p>Art. 6 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-509d27579d3e6ffc1865c0f1c55ff34a" marker="I5">
<p>Art. 7 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-9fa64cdbc8a77e71229832abe473edcc" marker="I6">
<p>Art. 8 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-3fd31aec8bb277526e82a63d1511af6a" marker="I7">
<p>Art. 9 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-4eaf4143f7d62401a0bdbe1fa483d57e" marker="I8">
<p>Art. 10 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-a8c2541778dd558eb0d98709bbc56985" marker="I9">
<p>Art. 11 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-86304aa05c83a4d5baa0b94e5d216c10" marker="I10">
<p>Art. 12 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-7f8c2ca6b36025d9dc2d163bb460f5a7" marker="I11">
<p>Art. 13 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-f19d46b35817880d6259a17b16417077" marker="I12">
<p>Art. 14 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-a799abd2d6d17c9fdfeeb710c00b3e08" marker="I13">
<p>Art. 15 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-3e795751d3b1d20f6da139d768259a27" marker="I14">
<p>Art. 16 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-07e838193b0b8c26ab0da1df8f94cac8" marker="I15">
<p>Art. 17 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-e318f7dfd7d40938161972587d7636eb" marker="I16">
<p>Art. 18 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-0c75b28237bf2aed8ac4a6b61042d59b" marker="I17">
<p>Art. 19 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-e4bce73c22fbd77607079816e47f1398" marker="I18">
<p>Art. 20 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-44c64a69b10ef233b009feefe3233415" marker="I19">
<p>Art. 21 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-cfd90b69ee3a68f66e6ca11a82b250e0" marker="I20">
<p>Art. 22 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-749ebcc22f8b6f68a00b230fc7680152" marker="I21">
<p>Art. 23 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-b451ac339e870a724e952016c043da05" marker="I22">
<p>Art. 24 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-4c161909f73e5a96226d9c7e5105d828" marker="I23">
<p>Art. 25 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-6c6f54a2e9750ded1c0c62a1a708731b" marker="I24">
<p>Art. 26 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-d76f0d54a761a6bf6df7ba6bf7429158" marker="I25">
<p>
<ref eId="ccd8e120230207105749707Z" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/27">Art. 27</ref>
in force at 16.12.2015 in accordance with art. 1(1)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-040606c68d027b24f1aade741ac13345" marker="I26">
<p>Art. 28 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-e2cf91b3a6edec33b26257d9eb6a4d25" marker="I27">
<p>Art. 29 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-7e110da849e517af909258bfcfb2e7ec" marker="I28">
<p>Art. 30 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="I" class="commentary I" eId="key-c5fd44e4820ba282335a0422ee538d12" marker="I29">
<p>Art. 31 in force at 16.12.2015 in accordance with art. 1(1)</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7" marker="F1">
<p>
<ref eId="cv6wp54x4-00016" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/3A">Art. 3A</ref>
inserted (11.12.2020) by
<ref eId="cv6wp54x4-00017" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv6wp54x4-00018" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv6wp54x4-00019" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/3">3</ref>
(with
<ref eId="cv6wp54x4-00020" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-17ba22df8c3d5339fe3029d0c2734c9e" marker="F2">
<p>
<ref eId="cv858pa64-00007" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/4">Art. 4</ref>
heading substituted (11.12.2020) by
<ref eId="cv858pa64-00008" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv858pa64-00009" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv858pa64-00010" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/4/2">4(2)</ref>
(with
<ref eId="cv858pa64-00011" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-cbca4f89d7636ec03f4cbe67f6539a8e" marker="F3">
<p>
Words in
<ref eId="cv858pa64-00017" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/4/3">art. 4(3)</ref>
inserted (11.12.2020) by
<ref eId="cv858pa64-00018" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv858pa64-00019" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv858pa64-00020" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/4/3">4(3)</ref>
(with
<ref eId="cv858pa64-00021" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-d35018c9a261aae4114e171001e44cf5" marker="F4">
<p>
Words in
<ref eId="cv858pa64-00027" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/4/5">art. 4(5)</ref>
inserted (11.12.2020) by
<ref eId="cv858pa64-00028" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv858pa64-00029" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv858pa64-00030" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/4/4/a">4(4)(a)</ref>
(with
<ref eId="cv858pa64-00031" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-5a1419f8086cbfffe2169e5c182c8182" marker="F5">
<p>
Words in
<ref eId="cv85fns44-00037" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/4/5">art. 4(5)</ref>
inserted (11.12.2020) by
<ref eId="cv85fns44-00038" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv85fns44-00039" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv85fns44-00040" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/4/4/b">4(4)(b)</ref>
(with
<ref eId="cv85fns44-00041" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-ca45319bc5c8ab907ef40abc56eec16f" marker="F6">
<p>
Word in
<ref eId="cv5d66hb4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/7/6/a">art. 7(6)(a)</ref>
revoked (2.4.2020) by
<ref eId="cv5d66hb4-00007" href="http://www.legislation.gov.uk/id/asp/2020/6">Scottish Elections (Franchise and Representation) Act 2020 (asp 6)</ref>
,
<ref eId="cv5d66hb4-00008" class="subref" href="http://www.legislation.gov.uk/id/asp/2020/6/section/12/1">s. 12(1)</ref>
,
<ref eId="cv5d66hb4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/asp/2020/6/schedule/paragraph/2/2/a">sch. para. 2(2)(a)</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-3c0a326795b77e00b16c707f551a0e41" marker="F7">
<p>
<ref eId="cv5d66hb4-00015" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/7/6/c">Art. 7(6)(c)</ref>
and word inserted (2.4.2020) by
<ref eId="cv5d66hb4-00016" href="http://www.legislation.gov.uk/id/asp/2020/6">Scottish Elections (Franchise and Representation) Act 2020 (asp 6)</ref>
,
<ref eId="cv5d66hb4-00017" class="subref" href="http://www.legislation.gov.uk/id/asp/2020/6/section/12/1">s. 12(1)</ref>
,
<ref eId="cv5d66hb4-00018" class="subref operative" href="http://www.legislation.gov.uk/id/asp/2020/6/schedule/paragraph/2/2/b">sch. para. 2(2)(b)</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-64cc56f6a818d7d365190c572964f5e5" marker="F8">
<p>
Word in
<ref eId="cv5dnv3s4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/8/3/d">art. 8(3)(d)</ref>
revoked (2.4.2020) by
<ref eId="cv5dnv3s4-00007" href="http://www.legislation.gov.uk/id/asp/2020/6">Scottish Elections (Franchise and Representation) Act 2020 (asp 6)</ref>
,
<ref eId="cv5dnv3s4-00008" class="subref" href="http://www.legislation.gov.uk/id/asp/2020/6/section/12/1">s. 12(1)</ref>
,
<ref eId="cv5dnv3s4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/asp/2020/6/schedule/paragraph/2/3/a">sch. para. 2(3)(a)</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-783a83b3c45365cb0ce3c3363c880a18" marker="F9">
<p>
<ref eId="cv5dnv3s4-00015" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/8/3/f">Art. 8(3)(f)</ref>
and word inserted (2.4.2020) by
<ref eId="cv5dnv3s4-00016" href="http://www.legislation.gov.uk/id/asp/2020/6">Scottish Elections (Franchise and Representation) Act 2020 (asp 6)</ref>
,
<ref eId="cv5dnv3s4-00017" class="subref" href="http://www.legislation.gov.uk/id/asp/2020/6/section/12/1">s. 12(1)</ref>
,
<ref eId="cv5dnv3s4-00018" class="subref operative" href="http://www.legislation.gov.uk/id/asp/2020/6/schedule/paragraph/2/3/b">sch. para. 2(3)(b)</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-e18ae3d9d1f32994245a9b0700e65f9c" marker="F10">
<p>
<ref eId="cv5hilpu4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/10/4A">Art. 10(4A)</ref>
inserted (2.4.2020) by
<ref eId="cv5hilpu4-00007" href="http://www.legislation.gov.uk/id/asp/2020/6">Scottish Elections (Franchise and Representation) Act 2020 (asp 6)</ref>
,
<ref eId="cv5hilpu4-00008" class="subref" href="http://www.legislation.gov.uk/id/asp/2020/6/section/12/1">s. 12(1)</ref>
,
<ref eId="cv5hilpu4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/asp/2020/6/schedule/paragraph/2/4">sch. para. 2(4)</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-9a3138bc2c45483f17babfa7bd27f476" marker="F11">
<p>
Words in
<ref eId="cv85yptf4-00017" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/21/1">art. 21(1)</ref>
inserted (11.12.2020) by
<ref eId="cv85yptf4-00018" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv85yptf4-00019" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv85yptf4-00020" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/5/2">5(2)</ref>
(with
<ref eId="cv85yptf4-00021" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-0be6ad4018301a854e9473da827d8204" marker="F12">
<p>
Words in
<ref eId="cv5i5s5p4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/21/2/b/iii">art. 21(2)(b)(iii)</ref>
substituted (3.8.2020) by
<ref eId="cv5i5s5p4-00007" href="http://www.legislation.gov.uk/id/ssi/2020/179">The Scottish Parliament (Elections etc.) Amendment Order 2020 (S.S.I. 2020/179)</ref>
,
<ref eId="cv5i5s5p4-00008" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/179/article/1/2">arts. 1(2)</ref>
,
<ref eId="cv5i5s5p4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/179/article/4">4</ref>
;
<ref eId="cv5i5s5p4-00010" href="http://www.legislation.gov.uk/id/ssi/2020/162">S.S.I. 2020/162</ref>
,
<ref eId="cv5i5s5p4-00011" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/162/regulation/2">reg. 2</ref>
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-4b69464cad917ab2cfadb83ae3ac6b78" marker="F13">
<p>
<ref eId="cv85yptf4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/21/4">Art. 21(4)</ref>
<ref eId="cv85yptf4-00007" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/21/5">(5)</ref>
inserted (11.12.2020) by
<ref eId="cv85yptf4-00008" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv85yptf4-00009" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv85yptf4-00010" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/5/3">5(3)</ref>
(with
<ref eId="cv85yptf4-00011" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-a32935210414b7b95483cc5af5539cb6" marker="F14">
<p>
Words in
<ref eId="cv9eoymn4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/22">art. 22</ref>
inserted (11.12.2020) by
<ref eId="cv9eoymn4-00007" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv9eoymn4-00008" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv9eoymn4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/6">6</ref>
(with
<ref eId="cv9eoymn4-00010" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="F" class="commentary F" eId="key-d059fc083ff4023f3acbae72282a3fec" marker="F15">
<p>
<ref eId="cv9jk7wx4-00006" class="subref" href="http://www.legislation.gov.uk/id/ssi/2015/425/article/23/3">Art. 23(3)</ref>
inserted (11.12.2020) by
<ref eId="cv9jk7wx4-00007" href="http://www.legislation.gov.uk/id/ssi/2020/426">The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426)</ref>
,
<ref eId="cv9jk7wx4-00008" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/1">arts. 1(1)</ref>
,
<ref eId="cv9jk7wx4-00009" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/7">7</ref>
(with
<ref eId="cv9jk7wx4-00010" class="subref" href="http://www.legislation.gov.uk/id/ssi/2020/426/article/1/2">art. 1(2)</ref>
)
</p>
</note>
<note ukl:Name="Commentary" ukl:Type="C" class="commentary C" eId="key-06ebac18bbec25c2a86d5652369b7429" marker="C1">
<p>
<rref eId="cv5bii534-00006" class="subref" from="http://www.legislation.gov.uk/id/ssi/2015/425/article/7/1" upTo="http://www.legislation.gov.uk/id/ssi/2015/425/article/7/5">Art. 7(1)-(5)</rref>
excluded (2.8.2019) by
<ref eId="cv5bii534-00007" href="http://www.legislation.gov.uk/id/ssi/2019/261">The Representation of the People Act 1983 Remedial (Scotland) Order 2019 (S.S.I. 2019/261)</ref>
,
<ref eId="cv5bii534-00008" class="subref" href="http://www.legislation.gov.uk/id/ssi/2019/261/article/1">arts. 1</ref>
,
<ref eId="cv5bii534-00009" class="subref operative" href="http://www.legislation.gov.uk/id/ssi/2019/261/article/8">8</ref>
</p>
</note>
</notes>
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<dc:identifier>http://www.legislation.gov.uk/ssi/2015/425/part/2/2020-12-11</dc:identifier>
<dc:title>The Scottish Parliament (Elections etc.) Order 2015</dc:title>
<dc:language>en</dc:language>
<dc:subject scheme="SIheading">CONSTITUTIONAL LAW</dc:subject>
<dc:subject scheme="SIheading">REPRESENTATION OF THE PEOPLE</dc:subject>
<dc:publisher>Statute Law Database</dc:publisher>
<dc:modified>2024-05-15</dc:modified>
<dc:contributor>Expert Participation</dc:contributor>
<dct:valid>2020-12-11</dct:valid>
<dc:description>This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order replaces provision made by the Scottish Parliament (Elections etc.) Order 2010 (“the 2010 Order”). These Explanatory Notes explain the general effect of the Order and highlight some differences from the approach of the 2010 Order.</dc:description>
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<part eId="part-2" uk:target="true">
<num>PART 2</num>
<heading>THE FRANCHISE AND ITS EXERCISE</heading>
<article eId="article-3">
<heading>Supply of electoral registers</heading>
<num>3.</num>
<content>
<p>Schedule 1 (which makes provision in connection with supply of electoral registers) has effect.</p>
</content>
</article>
<article eId="article-3A">
<heading>
<ins class="first" ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7">
<noteRef uk:name="commentary" href="#key-27bb7c20a4b93d3b25fbbe6d4d0177c7" class="commentary"/>
Register of electors etc.
</ins>
</heading>
<num>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7">3A.</ins>
</num>
<content>
<p>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7">Subject to article 4(5) and sections 13AB (alteration of registers: interim publication dates)</ins>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7"> and 13B (alteration of registers: pending elections)</ins>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7"> of the 1983 Act, an alteration in a published version of the register of electors under</ins>
<span ukl:Name="NonBreakingSpace"> </span>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7">section 13A or 56 of the 1983 Act</ins>
<span ukl:Name="NonBreakingSpace"> </span>
<ins ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7">(alteration of registers and registration appeals)</ins>
<ins class="last" ukl:ChangeId="key-27bb7c20a4b93d3b25fbbe6d4d0177c7-1675194689313" ukl:CommentaryRef="key-27bb7c20a4b93d3b25fbbe6d4d0177c7"> which is to take effect after the fifth day before the date of the poll for an election does not have effect for the purposes of that election.</ins>
</p>
</content>
</article>
<article eId="article-4">
<heading>
<ins class="substitution first last" ukl:ChangeId="key-17ba22df8c3d5339fe3029d0c2734c9e-1675269549636" ukl:CommentaryRef="key-17ba22df8c3d5339fe3029d0c2734c9e">
<noteRef uk:name="commentary" href="#key-17ba22df8c3d5339fe3029d0c2734c9e" class="commentary"/>
Registration and absent voting appeals
</ins>
</heading>
<num>4.</num>
<paragraph eId="article-4-1">
<num>(1)</num>
<intro>
<p>An appeal lies to the sheriff from any decision under this Order of the ERO disallowing a person’s application to vote—</p>
</intro>
<level class="para1" eId="article-4-1-a">
<num>(a)</num>
<content>
<p>by proxy or by post as elector; or</p>
</content>
</level>
<level class="para1" eId="article-4-1-b">
<num>(b)</num>
<content>
<p>by post as proxy,</p>
</content>
</level>
<wrapUp>
<p>in any case where the application is not made for a particular Scottish parliamentary election only.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-4-2">
<num>(2)</num>
<content>
<p>An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act (Registration Appeal Court) (“the registration appeal court”).</p>
</content>
</paragraph>
<paragraph eId="article-4-3">
<num>(3)</num>
<content>
<p>
An appeal made by virtue of this article
<ins class="first" ukl:ChangeId="key-cbca4f89d7636ec03f4cbe67f6539a8e-1675269595866" ukl:CommentaryRef="key-cbca4f89d7636ec03f4cbe67f6539a8e">
<noteRef uk:name="commentary" href="#key-cbca4f89d7636ec03f4cbe67f6539a8e" class="commentary"/>
or
</ins>
<span ukl:Name="NonBreakingSpace"> </span>
<ins class="last" ukl:ChangeId="key-cbca4f89d7636ec03f4cbe67f6539a8e-1675269595866" ukl:CommentaryRef="key-cbca4f89d7636ec03f4cbe67f6539a8e">section 56 of the 1983 Act (registration appeals)</ins>
which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.
</p>
</content>
</paragraph>
<paragraph eId="article-4-4">
<num>(4)</num>
<intro>
<p>The sheriff clerk (or clerk to the registration appeal court) shall send to the ERO, by recorded delivery, notice of the decision of the sheriff (or of the registration appeal court) on any appeal by virtue of this article, and the ERO must make such alterations in the—</p>
</intro>
<level class="para1" eId="article-4-4-a">
<num>(a)</num>
<content>
<p>record kept under article 8(4) (absent voters); or</p>
</content>
</level>
<level class="para1" eId="article-4-4-b">
<num>(b)</num>
<content>
<p>record kept under article 11(5) (proxy voters),</p>
</content>
</level>
<wrapUp>
<p>as may be required to give effect to the decision.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-4-5">
<num>(5)</num>
<content>
<p>
Where, as a result of the decision on an appeal under this article
<ins class="first last" ukl:ChangeId="key-d35018c9a261aae4114e171001e44cf5-1675269663275" ukl:CommentaryRef="key-d35018c9a261aae4114e171001e44cf5">
<noteRef uk:name="commentary" href="#key-d35018c9a261aae4114e171001e44cf5" class="commentary"/>
or section 56 of the 1983 Act
</ins>
, an alteration in the register of electors is made which takes effect under this article
<ins class="first last" ukl:ChangeId="key-5a1419f8086cbfffe2169e5c182c8182-1675269817130" ukl:CommentaryRef="key-5a1419f8086cbfffe2169e5c182c8182">
<noteRef uk:name="commentary" href="#key-5a1419f8086cbfffe2169e5c182c8182" class="commentary"/>
or under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act
</ins>
on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.
</p>
</content>
</paragraph>
</article>
<article eId="article-5">
<heading>Polling districts and places at elections</heading>
<num>5.</num>
<paragraph eId="article-5-1">
<num>(1)</num>
<content>
<p>Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.</p>
</content>
</paragraph>
<paragraph eId="article-5-2">
<num>(2)</num>
<content>
<p>
The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections under sections 18A and 18B of the 1983 Act
<authorialNote class="footnote" eId="f00023" marker="23">
<p>Sections 18A and 18B were substituted by the 2006 Act, section 16.</p>
</authorialNote>
(polling districts and polling places), except where it appears to the local authority (or local authorities) for the area of that polling district or location of that polling place that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.
</p>
</content>
</paragraph>
<paragraph eId="article-5-3">
<num>(3)</num>
<intro>
<p>An election shall not be questioned by reason of—</p>
</intro>
<level class="para1" eId="article-5-3-a">
<num>(a)</num>
<content>
<p>any non-compliance with the provisions of this article; or</p>
</content>
</level>
<level class="para1" eId="article-5-3-b">
<num>(b)</num>
<content>
<p>any informality relating to polling districts or polling places.</p>
</content>
</level>
</paragraph>
</article>
<article eId="article-6">
<heading>Rules for Scottish parliamentary elections</heading>
<num>6.</num>
<paragraph eId="article-6-1">
<num>(1)</num>
<content>
<p>The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules.</p>
</content>
</paragraph>
<paragraph eId="article-6-2">
<num>(2)</num>
<content>
<p>It is the general duty of every CRO and RRO at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.</p>
</content>
</paragraph>
<paragraph eId="article-6-3">
<num>(3)</num>
<intro>
<p>No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a CRO, RRO or any other person in breach of that person’s official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that—</p>
</intro>
<level class="para1" eId="article-6-3-a">
<num>(a)</num>
<content>
<p>the election was so conducted as to be substantially in accordance with the law as to Scottish parliamentary elections; and</p>
</content>
</level>
<level class="para1" eId="article-6-3-b">
<num>(b)</num>
<content>
<p>the act or omission did not affect the result.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-6-4">
<num>(4)</num>
<content>
<p>Schedule 2 (Scottish Parliamentary Election Rules) has effect.</p>
</content>
</paragraph>
<paragraph eId="article-6-5">
<num>(5)</num>
<content>
<p>Schedule 8 (access to marked registers and other documents open to public inspection after an election) has effect.</p>
</content>
</paragraph>
</article>
<article eId="article-7">
<heading>Manner of voting at Scottish parliamentary elections</heading>
<num>7.</num>
<paragraph eId="article-7-1">
<num>(1)</num>
<content>
<p>This article applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a Scottish parliamentary election.</p>
</content>
</paragraph>
<paragraph eId="article-7-2">
<num>(2)</num>
<content>
<p>P may vote in person at the polling station allotted to P under this Order, unless P is entitled as an elector to an absent vote at the election.</p>
</content>
</paragraph>
<paragraph eId="article-7-3">
<num>(3)</num>
<content>
<p>P may vote by post if P is entitled as an elector to vote by post at the election.</p>
</content>
</paragraph>
<paragraph eId="article-7-4">
<num>(4)</num>
<content>
<p>If P is entitled to vote by proxy at the election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station allotted to P under this Order for a ballot paper for the purposes of voting in person, in which case P may vote in person there.</p>
</content>
</paragraph>
<paragraph eId="article-7-5">
<num>(5)</num>
<intro>
<p>P may vote in person at any polling station in the constituency if—</p>
</intro>
<level class="para1" eId="article-7-5-a">
<num>(a)</num>
<content>
<p>P is not entitled as an elector to an absent vote at the election; but</p>
</content>
</level>
<level class="para1" eId="article-7-5-b">
<num>(b)</num>
<content>
<p>P cannot reasonably be expected to go in person to the polling station allotted to P under this Order by reason of the particular circumstances of P’s employment, either as a constable or by a CRO or RRO, on the date of the poll for a purpose connected with the election.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-7-6">
<num>(6)</num>
<intro>
<p>Nothing in the preceding provisions of this article applies to—</p>
</intro>
<level class="para1" eId="article-7-6-a">
<num>(a)</num>
<intro>
<p>
a person (“Q”) to whom section 7 of the 1983 Act
<authorialNote class="footnote" eId="f00024" marker="24">
<p>
Section 7 was substituted by the 2000 Act, section 4. It was amended by the 2006 Act, section 12(1), the Electoral Registration and Administration Act 2013, Schedule 4, paragraph 2 and
<ref eId="c00029" href="http://www.legislation.gov.uk/id/uksi/2005/2078">S.I. 2005/2078</ref>
, Schedule 1, paragraph 1(3).
</p>
</authorialNote>
(mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether Q is registered by virtue of that provision or not, and Q may vote—
</p>
</intro>
<level class="para2" eId="article-7-6-a-i">
<num>(i)</num>
<content>
<p>in person (where Q is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission); or</p>
</content>
</level>
<level class="para2" eId="article-7-6-a-ii">
<num>(ii)</num>
<content>
<p>
by post or by proxy (where Q is entitled as an elector to vote by post or, as the case may be, by proxy at the election);
<noteRef href="#key-ca45319bc5c8ab907ef40abc56eec16f" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>
...
</p>
</content>
</level>
</level>
<level class="para1" eId="article-7-6-b">
<num>(b)</num>
<content>
<p>
a person (“R”) to whom section 7A of that Act
<authorialNote class="footnote" eId="f00025" marker="25">
<p>
Section 7A was inserted by the 2000 Act, section 5. It was amended by the 2006 Act, section 12(2), the Electoral Registration and Administration Act 2013, Schedule 4, paragraph 3,
<ref eId="c00030" href="http://www.legislation.gov.uk/id/uksi/2005/2078">S.I. 2005/2078</ref>
, Schedule 1, paragraph 1(4) and
<ref eId="c00031" href="http://www.legislation.gov.uk/id/ssi/2005/465">S.S.I. 2005/465</ref>
, Schedule 1, paragraph 12(4).
</p>
</authorialNote>
(persons remanded in custody etc.) applies, whether R is registered by virtue of that provision or not, and R may only vote by post or by proxy (where R is entitled as an elector to vote by post or, as the case may be, by proxy at the election)
<ins class="first" ukl:ChangeId="key-3c0a326795b77e00b16c707f551a0e41-1675101493066" ukl:CommentaryRef="key-3c0a326795b77e00b16c707f551a0e41">
<noteRef uk:name="commentary" href="#key-3c0a326795b77e00b16c707f551a0e41" class="commentary"/>
; or
</ins>
</p>
</content>
</level>
<level class="para1" eId="article-7-6-c">
<num>
<ins ukl:ChangeId="key-3c0a326795b77e00b16c707f551a0e41-1675101493066" ukl:CommentaryRef="key-3c0a326795b77e00b16c707f551a0e41">(c)</ins>
</num>
<content>
<p>
<ins class="last" ukl:ChangeId="key-3c0a326795b77e00b16c707f551a0e41-1675101493066" ukl:CommentaryRef="key-3c0a326795b77e00b16c707f551a0e41">a person to whom section 3(1A) of that Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).</ins>
</p>
</content>
</level>
</paragraph>
<paragraph eId="article-7-7">
<num>(7)</num>
<content>
<p>Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules (entitlement to mark a tendered ballot paper).</p>
</content>
</paragraph>
<paragraph eId="article-7-8">
<num>(8)</num>
<content>
<p>For the purposes of this Order, a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if that person is shown in the postal voters list or the list of proxies for the election as so entitled; and references in this Order to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.</p>
</content>
</paragraph>
</article>
<article eId="article-8">
<heading>Absent vote at Scottish parliamentary elections for an indefinite or a particular period</heading>
<num>8.</num>
<paragraph eId="article-8-1">
<num>(1)</num>
<intro>
<p>Where a person applies to the ERO to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the application) the ERO shall grant the application if—</p>
</intro>
<level class="para1" eId="article-8-1-a">
<num>(a)</num>
<content>
<p>the ERO is satisfied that the applicant is or will be registered in the register of electors; and</p>
</content>
</level>
<level class="para1" eId="article-8-1-b">
<num>(b)</num>
<content>
<p>the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-2">
<num>(2)</num>
<intro>
<p>Where a person applies to the ERO to vote by proxy at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the person’s application), the ERO shall grant the application if—</p>
</intro>
<level class="para1" eId="article-8-2-a">
<num>(a)</num>
<content>
<p>the ERO is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates;</p>
</content>
</level>
<level class="para1" eId="article-8-2-b">
<num>(b)</num>
<content>
<p>the ERO is satisfied that the applicant is or will be registered in the register of electors; and</p>
</content>
</level>
<level class="para1" eId="article-8-2-c">
<num>(c)</num>
<content>
<p>the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-3">
<num>(3)</num>
<intro>
<p>For the purposes of this article, a person (“P”) is eligible to vote by proxy at Scottish parliamentary elections if P—</p>
</intro>
<level class="para1" eId="article-8-3-a">
<num>(a)</num>
<content>
<p>is or will be registered as a service voter;</p>
</content>
</level>
<level class="para1" eId="article-8-3-b">
<num>(b)</num>
<content>
<p>has an anonymous entry in the register of electors;</p>
</content>
</level>
<level class="para1" eId="article-8-3-c">
<num>(c)</num>
<intro>
<p>cannot reasonably be expected—</p>
</intro>
<level class="para2" eId="article-8-3-c-i">
<num>(i)</num>
<content>
<p>to go in person to the polling station allotted or likely to be allotted to P under this Order; or</p>
</content>
</level>
<level class="para2" eId="article-8-3-c-ii">
<num>(ii)</num>
<content>
<p>to vote unaided there,</p>
</content>
</level>
<wrapUp>
<p>by reason of blindness or other disability;</p>
</wrapUp>
</level>
<level class="para1" eId="article-8-3-d">
<num>(d)</num>
<content>
<p>
cannot reasonably be expected to go in person to that polling station by reason of the general nature of P’s occupation, service or employment or that of P’s spouse or civil partner or by reason of P’s attendance on a course provided by an educational institution or that of P’s spouse or civil partner;
<noteRef href="#key-64cc56f6a818d7d365190c572964f5e5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>
...
</p>
</content>
</level>
<level class="para1" eId="article-8-3-e">
<num>(e)</num>
<content>
<p>
cannot go in person from P’s qualifying address to that polling station without making a journey by air or sea
<ins class="first" ukl:ChangeId="key-783a83b3c45365cb0ce3c3363c880a18-1675102312997" ukl:CommentaryRef="key-783a83b3c45365cb0ce3c3363c880a18">
<noteRef uk:name="commentary" href="#key-783a83b3c45365cb0ce3c3363c880a18" class="commentary"/>
; or
</ins>
</p>
</content>
</level>
<level class="para1" eId="article-8-3-f">
<num>
<ins ukl:ChangeId="key-783a83b3c45365cb0ce3c3363c880a18-1675102312997" ukl:CommentaryRef="key-783a83b3c45365cb0ce3c3363c880a18">(f)</ins>
</num>
<content>
<p>
<ins class="last" ukl:ChangeId="key-783a83b3c45365cb0ce3c3363c880a18-1675102312997" ukl:CommentaryRef="key-783a83b3c45365cb0ce3c3363c880a18">is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.</ins>
</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-4">
<num>(4)</num>
<intro>
<p>The ERO shall keep a record of those whose applications under this article have been granted showing—</p>
</intro>
<level class="para1" eId="article-8-4-a">
<num>(a)</num>
<content>
<p>whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period);</p>
</content>
</level>
<level class="para1" eId="article-8-4-b">
<num>(b)</num>
<content>
<p>in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent; and</p>
</content>
</level>
<level class="para1" eId="article-8-4-c">
<num>(c)</num>
<content>
<p>in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-5">
<num>(5)</num>
<intro>
<p>The ERO shall remove a person (“Q”) from the record kept under paragraph (4)—</p>
</intro>
<level class="para1" eId="article-8-5-a">
<num>(a)</num>
<content>
<p>if Q applies to the ERO to be removed;</p>
</content>
</level>
<level class="para1" eId="article-8-5-b">
<num>(b)</num>
<content>
<p>in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if Q ceases to have an anonymous entry;</p>
</content>
</level>
<level class="para1" eId="article-8-5-c">
<num>(c)</num>
<intro>
<p>in the case of any registered person, if Q ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—</p>
</intro>
<level class="para2" eId="article-8-5-c-i">
<num>(i)</num>
<content>
<p>a service declaration; or</p>
</content>
</level>
<level class="para2" eId="article-8-5-c-ii">
<num>(ii)</num>
<content>
<p>a declaration of local connection;</p>
</content>
</level>
</level>
<level class="para1" eId="article-8-5-d">
<num>(d)</num>
<content>
<p>in the case of any person shown in the record as voting by proxy, if the ERO gives notice that the ERO has reason to believe there has been a material change of circumstances; or</p>
</content>
</level>
<level class="para1" eId="article-8-5-e">
<num>(e)</num>
<content>
<p>in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-6">
<num>(6)</num>
<content>
<p>Where a person (whether an elector or a proxy) is, under paragraph (5), removed from the record kept under paragraph (4), the ERO must notify that person in accordance with paragraph 10(6) of Schedule 3 (notification where person removed from absent voting record).</p>
</content>
</paragraph>
<paragraph eId="article-8-7">
<num>(7)</num>
<content>
<p>A person shown in the record kept under paragraph (4) as voting by post or voting by proxy (in either case, whether for an indefinite period or for a particular period) may make a further application under paragraph (1) or (2) to change the method of voting or period of time stated in that record.</p>
</content>
</paragraph>
<paragraph eId="article-8-8">
<num>(8)</num>
<intro>
<p>The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—</p>
</intro>
<level class="para1" eId="article-8-8-a">
<num>(a)</num>
<content>
<p>to provide a signature because of any disability the applicant has;</p>
</content>
</level>
<level class="para1" eId="article-8-8-b">
<num>(b)</num>
<content>
<p>to provide a signature because the applicant is unable to read or write; or</p>
</content>
</level>
<level class="para1" eId="article-8-8-c">
<num>(c)</num>
<content>
<p>to sign in a consistent and distinctive way because of any such disability or inability.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-9">
<num>(9)</num>
<intro>
<p>The ERO must also keep a record in relation to those whose applications under this article have been granted showing—</p>
</intro>
<level class="para1" eId="article-8-9-a">
<num>(a)</num>
<content>
<p>their dates of birth; and</p>
</content>
</level>
<level class="para1" eId="article-8-9-b">
<num>(b)</num>
<content>
<p>except in cases where the ERO in pursuance of paragraph (8) has dispensed with the requirement to provide a signature, their signatures.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-8-10">
<num>(10)</num>
<content>
<p>The record kept under paragraph (9) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).</p>
</content>
</paragraph>
<paragraph eId="article-8-11">
<num>(11)</num>
<content>
<p>In this article “qualifying address” means, in relation to a person registered in a register of electors, the address in respect of which that person is entitled to be so registered.</p>
</content>
</paragraph>
</article>
<article eId="article-9">
<heading>Absent vote at a particular Scottish parliamentary election and special lists</heading>
<num>9.</num>
<hcontainer name="wrapper2">
<paragraph eId="article-9-1">
<num>(1)</num>
<intro>
<p>Where a person applies to the ERO to vote by post at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—</p>
</intro>
<level class="para1" eId="article-9-1-a">
<num>(a)</num>
<content>
<p>the ERO is satisfied that the applicant is or will be registered in the register of electors; and</p>
</content>
</level>
<level class="para1" eId="article-9-1-b">
<num>(b)</num>
<content>
<p>the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-9-2">
<num>(2)</num>
<intro>
<p>Where a person applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—</p>
</intro>
<level class="para1" eId="article-9-2-a">
<num>(a)</num>
<content>
<p>the ERO is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under this Order;</p>
</content>
</level>
<level class="para1" eId="article-9-2-b">
<num>(b)</num>
<content>
<p>the ERO is satisfied that the applicant is or will be registered in the register of electors; and</p>
</content>
</level>
<level class="para1" eId="article-9-2-c">
<num>(c)</num>
<content>
<p>the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-9-3">
<num>(3)</num>
<content>
<p>Where a person who has an anonymous entry in the register of electors applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application if it meets the requirements set out in Schedule 3.</p>
</content>
</paragraph>
<paragraph eId="article-9-4">
<num>(4)</num>
<intro>
<p>Paragraphs (1) and (2) do not apply to a person who is included in the record kept under article 8; but such a person may, in respect of a particular Scottish parliamentary election, apply to the ERO—</p>
</intro>
<level class="para1" eId="article-9-4-a">
<num>(a)</num>
<content>
<p>for that person’s ballot papers to be sent to a different address; or</p>
</content>
</level>
<level class="para1" eId="article-9-4-b">
<num>(b)</num>
<content>
<p>to vote by proxy,</p>
</content>
</level>
</paragraph>
</hcontainer>
<hcontainer name="wrapper2">
<intro>
<p>if that person is shown in the record so kept as voting by post and the ERO shall grant the application if it meets the requirements set out in Schedule 3.</p>
</intro>
<paragraph eId="article-9-5">
<num>(5)</num>
<intro>
<p>The ERO shall, in respect of each Scottish parliamentary election, keep two special lists—</p>
</intro>
<level class="para1" eId="article-9-5-a">
<num>(a)</num>
<intro>
<p>a list (“the postal voters list”) of—</p>
</intro>
<level class="para2" eId="article-9-5-a-i">
<num>(i)</num>
<content>
<p>those who are for the time being shown in the record kept under article 8 as voting by post (excluding those so shown whose applications under paragraph (4) to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under article 8 or, as the case may be, paragraph (4) as the addresses to which their ballot papers are to be sent; and</p>
</content>
</level>
<level class="para2" eId="article-9-5-a-ii">
<num>(ii)</num>
<content>
<p>those whose applications under paragraph (1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent; and</p>
</content>
</level>
</level>
<level class="para1" eId="article-9-5-b">
<num>(b)</num>
<content>
<p>a list (“the list of proxies”) of those who are for the time being shown in the record kept under article 8 as voting by proxy or whose applications under this article to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-9-6">
<num>(6)</num>
<content>
<p>In the case of a person who has an anonymous entry in the register of electors any entry in the special lists referred to in paragraph (5) must show in relation to the person only the person’s electoral number.</p>
</content>
</paragraph>
<paragraph eId="article-9-7">
<num>(7)</num>
<intro>
<p>The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—</p>
</intro>
<level class="para1" eId="article-9-7-a">
<num>(a)</num>
<content>
<p>to provide a signature because of any disability the applicant has;</p>
</content>
</level>
<level class="para1" eId="article-9-7-b">
<num>(b)</num>
<content>
<p>to provide a signature because the applicant is unable to read or write; or</p>
</content>
</level>
<level class="para1" eId="article-9-7-c">
<num>(c)</num>
<content>
<p>to sign in a consistent and distinctive way because of any such disability or inability.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-9-8">
<num>(8)</num>
<intro>
<p>The ERO must also keep a record in relation to those whose applications under this article have been granted showing—</p>
</intro>
<level class="para1" eId="article-9-8-a">
<num>(a)</num>
<content>
<p>their dates of birth; and</p>
</content>
</level>
<level class="para1" eId="article-9-8-b">
<num>(b)</num>
<content>
<p>except in cases where the ERO in pursuance of paragraph (7) has dispensed with the requirement to provide a signature, their signatures.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-9-9">
<num>(9)</num>
<content>
<p>The record kept under paragraph (8) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).</p>
</content>
</paragraph>
<paragraph eId="article-9-10">
<num>(10)</num>
<content>
<p>As soon as reasonably practicable after completion of the compilation of each of the postal voters list and the list of proxies, the ERO shall supply a copy of that list to the CRO.</p>
</content>
</paragraph>
</hcontainer>
</article>
<article eId="article-10">
<heading>Proxies at Scottish parliamentary elections</heading>
<num>10.</num>
<paragraph eId="article-10-1">
<num>(1)</num>
<content>
<p>Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 11 referred to as “the elector”) at any Scottish parliamentary election and may vote in pursuance of the appointment.</p>
</content>
</paragraph>
<paragraph eId="article-10-2">
<num>(2)</num>
<content>
<p>The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a Scottish parliamentary election.</p>
</content>
</paragraph>
<paragraph eId="article-10-3">
<num>(3)</num>
<intro>
<p>A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election—</p>
</intro>
<level class="para1" eId="article-10-3-a">
<num>(a)</num>
<content>
<p>unless the ERO is satisfied that the person is or will be registered in the register of electors, or</p>
</content>
</level>
<level class="para1" eId="article-10-3-b">
<num>(b)</num>
<content>
<p>if that person is subject to any legal incapacity (age apart) to vote at that election as an elector.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-10-4">
<num>(4)</num>
<content>
<p>A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll that person has attained the age of 16.</p>
</content>
</paragraph>
<paragraph eId="article-10-4A">
<num>
<ins class="first" ukl:ChangeId="key-e18ae3d9d1f32994245a9b0700e65f9c-1675108754140" ukl:CommentaryRef="key-e18ae3d9d1f32994245a9b0700e65f9c">
<noteRef uk:name="commentary" href="#key-e18ae3d9d1f32994245a9b0700e65f9c" class="commentary"/>
(4A)
</ins>
</num>
<content>
<p>
<ins class="last" ukl:ChangeId="key-e18ae3d9d1f32994245a9b0700e65f9c-1675108754140" ukl:CommentaryRef="key-e18ae3d9d1f32994245a9b0700e65f9c">A person is not capable of voting as proxy at a Scottish parliamentary election if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.</ins>
</p>
</content>
</paragraph>
<paragraph eId="article-10-5">
<num>(5)</num>
<content>
<p>A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.</p>
</content>
</paragraph>
<paragraph eId="article-10-6">
<num>(6)</num>
<intro>
<p>Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in the elector’s application), the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting) and the ERO is satisfied that the elector is or will be—</p>
</intro>
<level class="para1" eId="article-10-6-a">
<num>(a)</num>
<content>
<p>registered in the register of electors; and</p>
</content>
</level>
<level class="para1" eId="article-10-6-b">
<num>(b)</num>
<content>
<p>shown in the record kept under article 8 (absent vote at Scottish parliamentary elections for an indefinite or a particular period) as voting by proxy at such elections,</p>
</content>
</level>
<wrapUp>
<p>and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-10-7">
<num>(7)</num>
<intro>
<p>Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at a particular Scottish parliamentary election, the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 and the ERO is satisfied that the elector is or will be—</p>
</intro>
<level class="para1" eId="article-10-7-a">
<num>(a)</num>
<content>
<p>registered in the register of electors for that election; and</p>
</content>
</level>
<level class="para1" eId="article-10-7-b">
<num>(b)</num>
<content>
<p>entitled to vote by proxy at that election by virtue of an application under article 9 (absent vote at a particular Scottish parliamentary election),</p>
</content>
</level>
<wrapUp>
<p>and that the proxy is capable of being, and willing to be, appointed.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-10-8">
<num>(8)</num>
<content>
<p>The appointment of a proxy under this article is to be made by means of a proxy paper issued by the ERO.</p>
</content>
</paragraph>
<paragraph eId="article-10-9">
<num>(9)</num>
<content>
<p>The appointment may be cancelled by the elector by giving notice to the ERO, and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for the elector at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.</p>
</content>
</paragraph>
<paragraph eId="article-10-10">
<num>(10)</num>
<intro>
<p>Subject to paragraph (9), the appointment shall remain in force—</p>
</intro>
<level class="para1" eId="article-10-10-a">
<num>(a)</num>
<content>
<p>in the case of an appointment for a particular election, for that election; and</p>
</content>
</level>
<level class="para1" eId="article-10-10-b">
<num>(b)</num>
<content>
<p>in any other case, while the elector is shown as voting by proxy in the record kept under article 8 in pursuance of the same application under that article.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-10-11">
<num>(11)</num>
<content>
<p>Paragraph 12 of Schedule 3 (cancellation of proxy appointment) provides for the steps to be taken where a proxy’s appointment is cancelled or ceases to be in force under paragraph (9) or is no longer in force under paragraph (10)(b).</p>
</content>
</paragraph>
<paragraph eId="article-10-12">
<num>(12)</num>
<intro>
<p>The ERO may dispense with the requirement under paragraph (6) or (7) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—</p>
</intro>
<level class="para1" eId="article-10-12-a">
<num>(a)</num>
<content>
<p>to provide a signature because of any disability the applicant has;</p>
</content>
</level>
<level class="para1" eId="article-10-12-b">
<num>(b)</num>
<content>
<p>to provide a signature because the applicant is unable to read or write; or</p>
</content>
</level>
<level class="para1" eId="article-10-12-c">
<num>(c)</num>
<content>
<p>to sign in a consistent and distinctive way because of any such disability or inability.</p>
</content>
</level>
</paragraph>
</article>
<article eId="article-11">
<heading>Voting as proxy</heading>
<num>11.</num>
<paragraph eId="article-11-1">
<num>(1)</num>
<content>
<p>A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless that person is entitled to vote by post as proxy for the elector at the election, in which case that person may vote by post.</p>
</content>
</paragraph>
<paragraph eId="article-11-2">
<num>(2)</num>
<content>
<p>Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.</p>
</content>
</paragraph>
<paragraph eId="article-11-3">
<num>(3)</num>
<content>
<p>For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if that person is included in the proxy postal voters list kept under paragraph (7) in respect of the election.</p>
</content>
</paragraph>
<paragraph eId="article-11-4">
<num>(4)</num>
<intro>
<p>Where a person applies to the ERO to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period, for a particular period specified in the person’s application or at a particular election), the ERO shall grant the application if—</p>
</intro>
<level class="para1" eId="article-11-4-a">
<num>(a)</num>
<content>
<p>the ERO is satisfied that the elector is or will be registered in the register of electors;</p>
</content>
</level>
<level class="para1" eId="article-11-4-b">
<num>(b)</num>
<content>
<p>there is in force an appointment of the applicant as the elector’s proxy to vote for the elector; and</p>
</content>
</level>
<level class="para1" eId="article-11-4-c">
<num>(c)</num>
<content>
<p>the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-11-5">
<num>(5)</num>
<intro>
<p>The ERO shall keep a record of those whose applications under paragraph (4) have been granted showing—</p>
</intro>
<level class="para1" eId="article-11-5-a">
<num>(a)</num>
<content>
<p>whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period); and</p>
</content>
</level>
<level class="para1" eId="article-11-5-b">
<num>(b)</num>
<content>
<p>the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-11-6">
<num>(6)</num>
<content>
<p>Where, in the case of a particular election, a person included in the record kept under paragraph (5) applies to the ERO for the person’s ballot papers to be sent to a different address, the ERO shall grant the application if it meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).</p>
</content>
</paragraph>
<paragraph eId="article-11-7">
<num>(7)</num>
<intro>
<p>The ERO shall, in respect of each Scottish parliamentary election, keep a special list (“the proxy postal voters list”) of—</p>
</intro>
<level class="para1" eId="article-11-7-a">
<num>(a)</num>
<content>
<p>those who are for the time being included in the record kept under paragraph (5), together with the addresses provided by them in their applications under paragraph (4) or, as the case may be, paragraph (6) as the addresses to which their ballot papers are to be sent; and</p>
</content>
</level>
<level class="para1" eId="article-11-7-b">
<num>(b)</num>
<content>
<p>those whose applications under paragraph (4) have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent,</p>
</content>
</level>
<wrapUp>
<p>and shall supply to the CRO a copy of that list as soon as reasonably practicable on completion of the compilation of it.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-11-8">
<num>(8)</num>
<content>
<p>In the case of a person who has an anonymous entry in a register of electors the special list mentioned in paragraph (7) must contain only the person’s electoral number.</p>
</content>
</paragraph>
<paragraph eId="article-11-9">
<num>(9)</num>
<intro>
<p>The ERO shall remove a person from the record kept under paragraph (5)—</p>
</intro>
<level class="para1" eId="article-11-9-a">
<num>(a)</num>
<content>
<p>if that person applies to the ERO to be removed;</p>
</content>
</level>
<level class="para1" eId="article-11-9-b">
<num>(b)</num>
<content>
<p>in the case of a person who applied to vote by post as proxy for a particular period, once that period expires;</p>
</content>
</level>
<level class="para1" eId="article-11-9-c">
<num>(c)</num>
<content>
<p>if the elector ceases to be registered in the register of electors; or</p>
</content>
</level>
<level class="para1" eId="article-11-9-d">
<num>(d)</num>
<content>
<p>if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not that person is re-appointed).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-11-10">
<num>(10)</num>
<content>
<p>Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules.</p>
</content>
</paragraph>
<paragraph eId="article-11-11">
<num>(11)</num>
<intro>
<p>The ERO may dispense with the requirement under paragraph (4)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—</p>
</intro>
<level class="para1" eId="article-11-11-a">
<num>(a)</num>
<content>
<p>to provide a signature because of any disability the applicant has;</p>
</content>
</level>
<level class="para1" eId="article-11-11-b">
<num>(b)</num>
<content>
<p>to provide a signature because the applicant is unable to read or write; or</p>
</content>
</level>
<level class="para1" eId="article-11-11-c">
<num>(c)</num>
<content>
<p>to sign in a consistent and distinctive way because of any such disability or inability.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-11-12">
<num>(12)</num>
<intro>
<p>The ERO must also keep a record in relation to those whose applications under paragraph (4) have been granted showing—</p>
</intro>
<level class="para1" eId="article-11-12-a">
<num>(a)</num>
<content>
<p>their dates of birth; and</p>
</content>
</level>
<level class="para1" eId="article-11-12-b">
<num>(b)</num>
<content>
<p>except in cases where the ERO in pursuance of paragraph (11) has dispensed with the requirement to provide a signature, their signatures.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-11-13">
<num>(13)</num>
<content>
<p>The record kept under paragraph (12) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).</p>
</content>
</paragraph>
</article>
<article eId="article-12">
<heading>Absent voting at elections: miscellaneous</heading>
<num>12.</num>
<paragraph eId="article-12-1">
<num>(1)</num>
<intro>
<p>
Section 59 of the 1983 Act
<authorialNote class="footnote" eId="f00026" marker="26">
<p>
Section 59 was amended by the Representation of the People Act
<ref eId="c00032" href="http://www.legislation.gov.uk/id/ukpga/1993/29">1993 (c.29)</ref>
, section 1; the 2000 Act, Schedule 1, paragraph 16 and the 2006 Act, section 13.
</p>
</authorialNote>
(supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:—
</p>
</intro>
<level class="para1" eId="article-12-1-a">
<num>(a)</num>
<content>
<p>in subsection (3) (right to register and vote in person, by post or by proxy), “this Act” shall be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act (service qualification as a member of the forces or being employed in the service of the Crown in a post outside the UK of a prescribed class or description) in relation to the making and cancellation of appointments of a proxy and in relation to voting by post; and</p>
</content>
</level>
<level class="para1" eId="article-12-1-b">
<num>(b)</num>
<content>
<p>in subsection (3A) (right of members of forces and service voters to information about their right to vote), “this Act and any regulations made under it” shall be similarly construed.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-12-2">
<num>(2)</num>
<content>
<p>Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.</p>
</content>
</paragraph>
<paragraph eId="article-12-3">
<num>(3)</num>
<content>
<p>Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.</p>
</content>
</paragraph>
</article>
<article eId="article-13">
<heading>Combination of polls</heading>
<num>13.</num>
<paragraph eId="article-13-1">
<num>(1)</num>
<content>
<p>Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.</p>
</content>
</paragraph>
<paragraph eId="article-13-2">
<num>(2)</num>
<content>
<p>Where the polls at a Scottish parliamentary election and a local government election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.</p>
</content>
</paragraph>
<paragraph eId="article-13-3">
<num>(3)</num>
<content>
<p>For the purposes of paragraph (2) two areas are related if one is coterminous with, or situated wholly or partly within, the other.</p>
</content>
</paragraph>
<paragraph eId="article-13-4">
<num>(4)</num>
<content>
<p>Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Scottish Ministers may determine.</p>
</content>
</paragraph>
<paragraph eId="article-13-5">
<num>(5)</num>
<content>
<p>Schedule 5 (which makes provision about the combination of polls) has effect.</p>
</content>
</paragraph>
</article>
<article eId="article-14">
<heading>Constituency returning officers</heading>
<num>14.</num>
<intro>
<p>The constituency returning officer for a Scottish parliamentary election shall be—</p>
</intro>
<level class="para1" eId="article-14-a">
<num>(a)</num>
<content>
<p>in the case of a constituency wholly situated in one local government area, the person who under section 41 of the 1983 Act (returning officers: local elections in Scotland) is the returning officer at elections of councillors for the local authority for that area;</p>
</content>
</level>
<level class="para1" eId="article-14-b">
<num>(b)</num>
<content>
<p>in the case of a constituency situated in more than one local government area, such person mentioned above as the Scottish Ministers may by order direct (and an order made under this article may vary, amend or revoke any previous such order).</p>
</content>
</level>
</article>
<article eId="article-15">
<heading>Officers of local authorities to be placed at disposal of returning officers</heading>
<num>15.</num>
<paragraph eId="article-15-1">
<num>(1)</num>
<content>
<p>Every local authority shall place at the disposal of the CRO for a constituency wholly or partly situated in their area, for the purpose of assisting the CRO in the discharge of any functions conferred on the CRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.</p>
</content>
</paragraph>
<paragraph eId="article-15-2">
<num>(2)</num>
<content>
<p>Every local authority shall place at the disposal of the RRO for a region wholly or partly situated in their area, for the purpose of assisting the RRO in the discharge of any function conferred on the RRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.</p>
</content>
</paragraph>
</article>
<article eId="article-16">
<heading>Returning officers: discharge of functions</heading>
<num>16.</num>
<paragraph eId="article-16-1">
<num>(1)</num>
<content>
<p>A CRO or RRO at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of the functions of that CRO or RRO under this Order.</p>
</content>
</paragraph>
<paragraph eId="article-16-2">
<num>(2)</num>
<content>
<p>Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each RRO and each CRO for a Scottish parliamentary constituency within each RRO’s region to co-operate with each other in the discharge of their functions under this Order.</p>
</content>
</paragraph>
<paragraph eId="article-16-3">
<num>(3)</num>
<content>
<p>The duty imposed by paragraph (2) applies as between CROs in any region as well as between such officers and the RRO for that region.</p>
</content>
</paragraph>
</article>
<article eId="article-17">
<heading>Returning officers: general</heading>
<num>17.</num>
<paragraph eId="article-17-1">
<num>(1)</num>
<content>
<p>A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.</p>
</content>
</paragraph>
<paragraph eId="article-17-2">
<num>(2)</num>
<content>
<p>A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a CRO or a RRO at that election.</p>
</content>
</paragraph>
</article>
<article eId="article-18">
<heading>Payments by and to returning officers</heading>
<num>18.</num>
<paragraph eId="article-18-1">
<num>(1)</num>
<content>
<p>A CRO and RRO are each entitled to recover their charges for services rendered and expenses incurred for and in connection with a Scottish parliamentary election, provided those services and expenses were necessary for the efficient and effective conduct of the election.</p>
</content>
</paragraph>
<paragraph eId="article-18-2">
<num>(2)</num>
<intro>
<p>The Scottish Ministers may, by regulations—</p>
</intro>
<level class="para1" eId="article-18-2-a">
<num>(a)</num>
<content>
<p>specify a total amount that such charges may not exceed;</p>
</content>
</level>
<level class="para1" eId="article-18-2-b">
<num>(b)</num>
<content>
<p>provide a method for calculating the total amount that those charges may not exceed;</p>
</content>
</level>
<level class="para1" eId="article-18-2-c">
<num>(c)</num>
<content>
<p>specify, or provide a method for calculating, total amounts for services or expenses of particular types;</p>
</content>
</level>
<level class="para1" eId="article-18-2-d">
<num>(d)</num>
<content>
<p>make provision as to the time when, and the manner and form in which, accounts are to be submitted to the Scottish Ministers for payment of such charges.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-18-3">
<num>(3)</num>
<content>
<p>A CRO or RRO may not recover more than any total amount set by regulations under paragraph (2), unless the Scottish Ministers are satisfied that it was reasonable for the CRO or RRO to render the services or incur the expenses, and that the charges are reasonable.</p>
</content>
</paragraph>
<paragraph eId="article-18-4">
<num>(4)</num>
<intro>
<p>Regulations under paragraph (2) may—</p>
</intro>
<level class="para1" eId="article-18-4-a">
<num>(a)</num>
<content>
<p>make different provision for different cases, circumstances or areas;</p>
</content>
</level>
<level class="para1" eId="article-18-4-b">
<num>(b)</num>
<content>
<p>vary, amend or revoke any previous such regulations;</p>
</content>
</level>
<level class="para1" eId="article-18-4-c">
<num>(c)</num>
<content>
<p>contain such incidental, supplemental, saving or transitional provisions as the Scottish Ministers think fit.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-18-5">
<num>(5)</num>
<content>
<p>The amount of any charges recoverable in accordance with this article shall be charged on and paid out of the Scottish Consolidated Fund on an account being submitted to the Scottish Ministers, but the Scottish Ministers may if they think fit, before payment, apply for the account to be taxed under the provisions of article 19.</p>
</content>
</paragraph>
<paragraph eId="article-18-6">
<num>(6)</num>
<content>
<p>Where a local authority requires to pay superannuation contributions in respect of any person that are increased by a fee paid under this article as part of the charges of a CRO or RRO at a Scottish parliamentary election, then on an account being submitted to the Scottish Ministers a sum equal to the increase shall be charged on and paid out of the Scottish Consolidated Fund to the local authority.</p>
</content>
</paragraph>
<paragraph eId="article-18-7">
<num>(7)</num>
<content>
<p>On a request by a CRO or RRO for an advance on account of their charges, the Scottish Ministers may make such an advance, on such terms as they think fit.</p>
</content>
</paragraph>
</article>
<article eId="article-19">
<heading>Taxation of returning officer’s account</heading>
<num>19.</num>
<paragraph eId="article-19-1">
<num>(1)</num>
<content>
<p>An application for the account of a CRO or a RRO (“the claimant”) to be taxed shall be made to the Auditor of the Court of Session.</p>
</content>
</paragraph>
<paragraph eId="article-19-2">
<num>(2)</num>
<content>
<p>On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as the Auditor thinks fit, and finally to determine the amount payable to the claimant.</p>
</content>
</paragraph>
<paragraph eId="article-19-3">
<num>(3)</num>
<content>
<p>On any such application the claimant may apply to the Auditor to examine any claim made by any person against the claimant in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving the claimant an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.</p>
</content>
</paragraph>
</article>
<article eId="article-20">
<heading>Loan of equipment for Scottish parliamentary elections</heading>
<num>20.</num>
<content>
<p>Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a CRO at a Scottish parliamentary election on such terms and conditions as may be agreed.</p>
</content>
</article>
<article eId="article-21">
<heading>Effect of registers</heading>
<num>21.</num>
<paragraph eId="article-21-1">
<num>(1)</num>
<content>
<p>
A person
<ins class="first last" ukl:ChangeId="key-9a3138bc2c45483f17babfa7bd27f476-1675270843167" ukl:CommentaryRef="key-9a3138bc2c45483f17babfa7bd27f476">
<noteRef uk:name="commentary" href="#key-9a3138bc2c45483f17babfa7bd27f476" class="commentary"/>
registered as a local government elector or
</ins>
entered in the list of proxies must not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (2); but this shall not prevent the rejection of the vote on a scrutiny, or affect that person’s liability to any penalty for voting.
</p>
</content>
</paragraph>
<paragraph eId="article-21-2">
<num>(2)</num>
<intro>
<p>The grounds referred to in paragraph (1) are that the person—</p>
</intro>
<level class="para1" eId="article-21-2-a">
<num>(a)</num>
<content>
<p>is not of voting age;</p>
</content>
</level>
<level class="para1" eId="article-21-2-b">
<num>(b)</num>
<intro>
<p>is not, or, on the relevant date or the date of the person’s appointment (as the case may be), was not—</p>
</intro>
<level class="para2" eId="article-21-2-b-i">
<num>(i)</num>
<content>
<p>a Commonwealth citizen;</p>
</content>
</level>
<level class="para2" eId="article-21-2-b-ii">
<num>(ii)</num>
<content>
<p>a citizen of the Republic of Ireland;</p>
</content>
</level>
<level class="para2" eId="article-21-2-b-iii">
<num>
<ins class="substitution first" ukl:ChangeId="key-0be6ad4018301a854e9473da827d8204-1675109816505" ukl:CommentaryRef="key-0be6ad4018301a854e9473da827d8204">
<noteRef uk:name="commentary" href="#key-0be6ad4018301a854e9473da827d8204" class="commentary"/>
(iii)
</ins>
</num>
<content>
<p>
<ins class="substitution last" ukl:ChangeId="key-0be6ad4018301a854e9473da827d8204-1675109816505" ukl:CommentaryRef="key-0be6ad4018301a854e9473da827d8204"> a qualifying foreign national;</ins>
</p>
</content>
</level>
</level>
<level class="para1" eId="article-21-2-c">
<num>(c)</num>
<content>
<p>is, or, on the relevant date or the date of the person’s appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-21-3">
<num>(3)</num>
<intro>
<p>In paragraph (2), the “relevant date” means—</p>
</intro>
<level class="para1" eId="article-21-3-a">
<num>(a)</num>
<content>
<p>
in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act
<authorialNote class="footnote" eId="f00027" marker="27">
<p>Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.</p>
</authorialNote>
(requirement to publish the revised register following annual canvas by 1st December), the 15th October immediately preceding the date of publication of the register;
</p>
</content>
</level>
<level class="para1" eId="article-21-3-b">
<num>(b)</num>
<content>
<p>
in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act
<authorialNote class="footnote" eId="f00028" marker="28">
<p>Section 4 was substituted by the 2000 Act, section 1(2) and amended by the 2006 Act, Schedule 1, paragraph 3.</p>
</authorialNote>
(entitlement to be registered as parliamentary or local government elector).
</p>
</content>
</level>
</paragraph>
<paragraph eId="article-21-4">
<num>
<ins class="first" ukl:ChangeId="key-4b69464cad917ab2cfadb83ae3ac6b78-1675270800408" ukl:CommentaryRef="key-4b69464cad917ab2cfadb83ae3ac6b78">
<noteRef uk:name="commentary" href="#key-4b69464cad917ab2cfadb83ae3ac6b78" class="commentary"/>
(4)
</ins>
</num>
<content>
<p>
<ins ukl:ChangeId="key-4b69464cad917ab2cfadb83ae3ac6b78-1675270800408" ukl:CommentaryRef="key-4b69464cad917ab2cfadb83ae3ac6b78">Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, will, for any purpose of this Part relating to that person as elector, be conclusive that until the date given in the entry that person is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.</ins>
</p>
</content>
</paragraph>
<paragraph eId="article-21-5">
<num>
<ins ukl:ChangeId="key-4b69464cad917ab2cfadb83ae3ac6b78-1675270800408" ukl:CommentaryRef="key-4b69464cad917ab2cfadb83ae3ac6b78">(5)</ins>
</num>
<content>
<p>
<ins class="last" ukl:ChangeId="key-4b69464cad917ab2cfadb83ae3ac6b78-1675270800408" ukl:CommentaryRef="key-4b69464cad917ab2cfadb83ae3ac6b78">Article 21(4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of local government electors.</ins>
</p>
</content>
</paragraph>
</article>
<article eId="article-22">
<heading>Effect of misdescription</heading>
<num>22.</num>
<content>
<p>
No misnomer or inaccurate description of any person or place named
<ins class="first last" ukl:ChangeId="key-a32935210414b7b95483cc5af5539cb6-1675345927660" ukl:CommentaryRef="key-a32935210414b7b95483cc5af5539cb6">
<noteRef uk:name="commentary" href="#key-a32935210414b7b95483cc5af5539cb6" class="commentary"/>
in the register of electors, or
</ins>
in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Order affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.
</p>
</content>
</article>
<article eId="article-23">
<heading>Discharge of registration duties</heading>
<num>23.</num>
<paragraph eId="article-23-1">
<num>(1)</num>
<content>
<p>Any of the duties and powers of an ERO under this Order may be performed and exercised by any depute for the time being approved by the local authority which appointed the ERO, and the provisions of this Order apply to any such depute so far as respects any duties or powers to be performed or exercised by that depute as they apply to the ERO.</p>
</content>
</paragraph>
<paragraph eId="article-23-2">
<num>(2)</num>
<content>
<p>It shall be the duty of each local authority to assign such officers to assist the ERO appointed by that authority as may be required for carrying out the ERO’s functions under this Order.</p>
</content>
</paragraph>
<paragraph eId="article-23-3">
<num>
<ins class="first" ukl:ChangeId="key-d059fc083ff4023f3acbae72282a3fec-1675354010725" ukl:CommentaryRef="key-d059fc083ff4023f3acbae72282a3fec">
<noteRef uk:name="commentary" href="#key-d059fc083ff4023f3acbae72282a3fec" class="commentary"/>
(3)
</ins>
</num>
<content>
<p>
<ins ukl:ChangeId="key-d059fc083ff4023f3acbae72282a3fec-1675354010725" ukl:CommentaryRef="key-d059fc083ff4023f3acbae72282a3fec">An ERO must comply with any general or specific directions which may be given by the Scottish Ministers, in accordance with, and on the recommendation of, the Electoral Commission under</ins>
<span ukl:Name="NonBreakingSpace"> </span>
<ins ukl:ChangeId="key-d059fc083ff4023f3acbae72282a3fec-1675354010725" ukl:CommentaryRef="key-d059fc083ff4023f3acbae72282a3fec">section 8(1)</ins>
<span ukl:Name="NonBreakingSpace"> </span>
<ins class="last" ukl:ChangeId="key-d059fc083ff4023f3acbae72282a3fec-1675354010725" ukl:CommentaryRef="key-d059fc083ff4023f3acbae72282a3fec">of the 2000 Political Parties Act (directions as to discharge of registration duties), with respect to the arrangements to be made by the ERO in carrying out the ERO’s functions under this Order.</ins>
</p>
</content>
</paragraph>
</article>
<article eId="article-24">
<heading>Payment of expenses of registration duties</heading>
<num>24.</num>
<paragraph eId="article-24-1">
<num>(1)</num>
<content>
<p>Any expenses properly incurred by an ERO in the performance of the ERO’s functions under this Order shall be paid by the local authority by which the ERO was appointed.</p>
</content>
</paragraph>
<paragraph eId="article-24-2">
<num>(2)</num>
<content>
<p>Any fees paid to the ERO under this Order shall be accounted for by the ERO and paid to the local authority by which the ERO was appointed.</p>
</content>
</paragraph>
<paragraph eId="article-24-3">
<num>(3)</num>
<content>
<p>On the request of an ERO for an advance on account of the expenses referred to in paragraph (1), the local authority by which the ERO was appointed may, if it thinks fit, make such an advance to the ERO of such an amount and subject to such conditions as it may approve.</p>
</content>
</paragraph>
</article>
<article eId="article-25">
<heading>Personation</heading>
<num>25.</num>
<paragraph eId="article-25-1">
<num>(1)</num>
<content>
<p>A person shall be guilty of a corrupt practice if that person commits, or aids, abets, counsels or procures the commission of, the offence of personation.</p>
</content>
</paragraph>
<paragraph eId="article-25-2">
<num>(2)</num>
<intro>
<p>A person (“P”) shall be deemed to be guilty of personation at a Scottish parliamentary election if P—</p>
</intro>
<level class="para1" eId="article-25-2-a">
<num>(a)</num>
<content>
<p>votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or</p>
</content>
</level>
<level class="para1" eId="article-25-2-b">
<num>(b)</num>
<intro>
<p>votes in person or by post as proxy—</p>
</intro>
<level class="para2" eId="article-25-2-b-i">
<num>(i)</num>
<content>
<p>for a person whom P knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or</p>
</content>
</level>
<level class="para2" eId="article-25-2-b-ii">
<num>(ii)</num>
<content>
<p>when P knows or has reasonable grounds for supposing that P’s appointment as proxy is no longer in force.</p>
</content>
</level>
</level>
</paragraph>
<paragraph eId="article-25-3">
<num>(3)</num>
<content>
<p>For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.</p>
</content>
</paragraph>
</article>
<article eId="article-26">
<heading>Other voting offences</heading>
<num>26.</num>
<paragraph eId="article-26-1">
<num>(1)</num>
<intro>
<p>A person (“P”) shall be guilty of an offence if—</p>
</intro>
<level class="para1" eId="article-26-1-a">
<num>(a)</num>
<content>
<p>P votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Scottish parliamentary election, or at Scottish parliamentary elections, knowing that P is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind;</p>
</content>
</level>
<level class="para1" eId="article-26-1-b">
<num>(b)</num>
<content>
<p>P applies for the appointment of a proxy to vote for P at any Scottish parliamentary election or at Scottish parliamentary elections knowing that P or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or</p>
</content>
</level>
<level class="para1" eId="article-26-1-c">
<num>(c)</num>
<content>
<p>P votes, whether in person or by post, as proxy for some other person at a Scottish parliamentary election, knowing that that person is subject to a legal incapacity to vote.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-26-2">
<num>(2)</num>
<content>
<p>For the purposes of paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include the person being below voting age if the person will be of voting age on that day.</p>
</content>
</paragraph>
<paragraph eId="article-26-3">
<num>(3)</num>
<intro>
<p>A person (“Q”) shall be guilty of an offence if—</p>
</intro>
<level class="para1" eId="article-26-3-a">
<num>(a)</num>
<intro>
<p>Q votes as elector—</p>
</intro>
<level class="para2" eId="article-26-3-a-i">
<num>(i)</num>
<content>
<p>more than once in any constituency at a poll for the return of a constituency member;</p>
</content>
</level>
<level class="para2" eId="article-26-3-a-ii">
<num>(ii)</num>
<content>
<p>more than once in any constituency at a poll for the return of regional members; or</p>
</content>
</level>
<level class="para2" eId="article-26-3-a-iii">
<num>(iii)</num>
<content>
<p>in more than one constituency at a Scottish parliamentary general election;</p>
</content>
</level>
</level>
<level class="para1" eId="article-26-3-b">
<num>(b)</num>
<content>
<p>Q votes as elector in person at a Scottish parliamentary election at which Q is entitled to vote by post;</p>
</content>
</level>
<level class="para1" eId="article-26-3-c">
<num>(c)</num>
<content>
<p>Q votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as Q’s proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or</p>
</content>
</level>
<level class="para1" eId="article-26-3-d">
<num>(d)</num>
<content>
<p>Q applies for a person to be appointed as Q’s proxy to vote for Q at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-26-4">
<num>(4)</num>
<intro>
<p>A person (“R”) shall be guilty of an offence if—</p>
</intro>
<level class="para1" eId="article-26-4-a">
<num>(a)</num>
<intro>
<p>R votes as proxy for the same elector either—</p>
</intro>
<level class="para2" eId="article-26-4-a-i">
<num>(i)</num>
<content>
<p>more than once in the same constituency at any Scottish parliamentary election; or</p>
</content>
</level>
<level class="para2" eId="article-26-4-a-ii">
<num>(ii)</num>
<content>
<p>in more than one constituency at a Scottish parliamentary general election;</p>
</content>
</level>
</level>
<level class="para1" eId="article-26-4-b">
<num>(b)</num>
<content>
<p>R votes in person as proxy for an elector at a Scottish parliamentary election at which R is entitled to vote by post as proxy for that elector; or</p>
</content>
</level>
<level class="para1" eId="article-26-4-c">
<num>(c)</num>
<content>
<p>R votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-26-5">
<num>(5)</num>
<content>
<p>A person (“S”) shall be guilty of an offence if S votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom S is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.</p>
</content>
</paragraph>
<paragraph eId="article-26-6">
<num>(6)</num>
<content>
<p>A person shall be guilty of an offence if that person knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.</p>
</content>
</paragraph>
<paragraph eId="article-26-7">
<num>(7)</num>
<content>
<p>For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted; but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if that right is not exercised, be disregarded.</p>
</content>
</paragraph>
<paragraph eId="article-26-8">
<num>(8)</num>
<content>
<p>A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 49(5) (entitlement to mark a tendered ballot paper) of the Scottish Parliamentary Election Rules.</p>
</content>
</paragraph>
<paragraph eId="article-26-9">
<num>(9)</num>
<intro>
<p>An offence under this article shall be an illegal practice, but—</p>
</intro>
<level class="para1" eId="article-26-9-a">
<num>(a)</num>
<content>
<p>
the court before whom a person is convicted of any such offence may, if it thinks 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)
<authorialNote class="footnote" eId="f00029" marker="29">
<p>
Section 173 is applied by article 82 of and Schedule 6 to this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by
<ref eId="c00033" href="http://www.legislation.gov.uk/id/uksi/2007/931">S.I. 2007/931</ref>
, article 2(4).
</p>
</authorialNote>
(incapacities on conviction of corrupt or illegal practices); and
</p>
</content>
</level>
<level class="para1" eId="article-26-9-b">
<num>(b)</num>
<content>
<p>a candidate shall not be liable, nor shall a candidate’s election be avoided, for an illegal practice under this article of any agent of that candidate other than an offence under paragraph (6).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-26-10">
<num>(10)</num>
<content>
<p>Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right that person shall, for the purposes of this article, be treated as voting once in relation to each poll for which the person’s votes are given.</p>
</content>
</paragraph>
</article>
<article eId="article-27">
<heading>Offences relating to applications for postal and proxy votes</heading>
<num>27.</num>
<paragraph eId="article-27-1">
<num>(1)</num>
<intro>
<p>A person (“P”) commits an offence if P—</p>
</intro>
<level class="para1" eId="article-27-1-a">
<num>(a)</num>
<content>
<p>engages in an act specified in paragraph (2), and</p>
</content>
</level>
<level class="para1" eId="article-27-1-b">
<num>(b)</num>
<content>
<p>intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-27-2">
<num>(2)</num>
<intro>
<p>These are the acts—</p>
</intro>
<level class="para1" eId="article-27-2-a">
<num>(a)</num>
<content>
<p>applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);</p>
</content>
</level>
<level class="para1" eId="article-27-2-b">
<num>(b)</num>
<content>
<p>otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in connection with such an application;</p>
</content>
</level>
<level class="para1" eId="article-27-2-c">
<num>(c)</num>
<content>
<p>inducing the ERO or CRO 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;</p>
</content>
</level>
<level class="para1" eId="article-27-2-d">
<num>(d)</num>
<content>
<p>causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-27-3">
<num>(3)</num>
<content>
<p>In paragraph (1)(b), property includes any description of property.</p>
</content>
</paragraph>
<paragraph eId="article-27-4">
<num>(4)</num>
<content>
<p>In 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).</p>
</content>
</paragraph>
<paragraph eId="article-27-5">
<num>(5)</num>
<content>
<p>A person who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.</p>
</content>
</paragraph>
</article>
<article eId="article-28">
<heading>Breach of official duty</heading>
<num>28.</num>
<paragraph eId="article-28-1">
<num>(1)</num>
<content>
<p>If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.</p>
</content>
</paragraph>
<paragraph eId="article-28-2">
<num>(2)</num>
<content>
<p>No person to whom this article applies shall be liable for breach of that person’s official duty to any penalty at common law, and no action for damages shall lie in respect of the breach by such a person of that person’s official duty.</p>
</content>
</paragraph>
<paragraph eId="article-28-3">
<num>(3)</num>
<intro>
<p>The persons to whom this article applies are—</p>
</intro>
<level class="para1" eId="article-28-3-a">
<num>(a)</num>
<content>
<p>any ERO, CRO, RRO or presiding officer;</p>
</content>
</level>
<level class="para1" eId="article-28-3-b">
<num>(b)</num>
<content>
<p>any depute of such a person; and</p>
</content>
</level>
<level class="para1" eId="article-28-3-c">
<num>(c)</num>
<content>
<p>any person appointed to assist or in the course of that person’s employment assisting a person mentioned in sub-paragraphs (a) or (b) in connection with the official duties of the person so mentioned.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-28-4">
<num>(4)</num>
<content>
<p>“Official duty” shall not, for the purpose of this article, include duties imposed otherwise than by this Order.</p>
</content>
</paragraph>
</article>
<article eId="article-29">
<heading>Tampering with nomination papers, ballot papers etc.</heading>
<num>29.</num>
<paragraph eId="article-29-1">
<num>(1)</num>
<intro>
<p>A person shall be guilty of an offence if, at a Scottish parliamentary election, that person—</p>
</intro>
<level class="para1" eId="article-29-1-a">
<num>(a)</num>
<content>
<p>fraudulently defaces or fraudulently destroys any nomination paper;</p>
</content>
</level>
<level class="para1" eId="article-29-1-b">
<num>(b)</num>
<content>
<p>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;</p>
</content>
</level>
<level class="para1" eId="article-29-1-c">
<num>(c)</num>
<content>
<p>without due authority supplies any ballot paper to any person;</p>
</content>
</level>
<level class="para1" eId="article-29-1-d">
<num>(d)</num>
<content>
<p>fraudulently puts into any ballot box any paper other than the ballot paper which that person is authorised by law to put in;</p>
</content>
</level>
<level class="para1" eId="article-29-1-e">
<num>(e)</num>
<content>
<p>fraudulently takes out of the polling station any ballot paper;</p>
</content>
</level>
<level class="para1" eId="article-29-1-f">
<num>(f)</num>
<content>
<p>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 election; or</p>
</content>
</level>
<level class="para1" eId="article-29-1-g">
<num>(g)</num>
<content>
<p>fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-29-2">
<num>(2)</num>
<intro>
<p>A person shall be guilty of an offence if that person—</p>
</intro>
<level class="para1" eId="article-29-2-a">
<num>(a)</num>
<content>
<p>at a Scottish parliamentary election, forges any nomination paper, delivers to a CRO or RRO any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;</p>
</content>
</level>
<level class="para1" eId="article-29-2-b">
<num>(b)</num>
<content>
<p>signs any nomination paper as candidate or as nominating officer for any registered party (or as a person authorised by such officer), or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or</p>
</content>
</level>
<level class="para1" eId="article-29-2-c">
<num>(c)</num>
<content>
<p>fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-29-3">
<num>(3)</num>
<intro>
<p>Paragraph (4) applies to—</p>
</intro>
<level class="para1" eId="article-29-3-a">
<num>(a)</num>
<content>
<p>a CRO;</p>
</content>
</level>
<level class="para1" eId="article-29-3-b">
<num>(b)</num>
<content>
<p>a RRO;</p>
</content>
</level>
<level class="para1" eId="article-29-3-c">
<num>(c)</num>
<content>
<p>a presiding officer; and</p>
</content>
</level>
<level class="para1" eId="article-29-3-d">
<num>(d)</num>
<intro>
<p>a clerk appointed to assist in—</p>
</intro>
<level class="para2" eId="article-29-3-d-i">
<num>(i)</num>
<content>
<p>taking the poll;</p>
</content>
</level>
<level class="para2" eId="article-29-3-d-ii">
<num>(ii)</num>
<content>
<p>counting the votes; or</p>
</content>
</level>
<level class="para2" eId="article-29-3-d-iii">
<num>(iii)</num>
<content>
<p>proceedings in connection with the issue or receipt of postal ballot papers.</p>
</content>
</level>
</level>
</paragraph>
<paragraph eId="article-29-4">
<num>(4)</num>
<intro>
<p>If a person to whom this paragraph applies is guilty of an offence under this article, that person shall be liable—</p>
</intro>
<level class="para1" eId="article-29-4-a">
<num>(a)</num>
<content>
<p>on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both;</p>
</content>
</level>
<level class="para1" eId="article-29-4-b">
<num>(b)</num>
<content>
<p>on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding six months, or to both.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-29-5">
<num>(5)</num>
<content>
<p>If any other person is guilty of an offence under this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.</p>
</content>
</paragraph>
<paragraph eId="article-29-6">
<num>(6)</num>
<content>
<p>In this article “nomination paper” includes a regional list of a registered party.</p>
</content>
</paragraph>
</article>
<article eId="article-30">
<heading>False statements in nomination papers etc.</heading>
<num>30.</num>
<paragraph eId="article-30-1">
<num>(1)</num>
<intro>
<p>A person (“P”) is guilty of a corrupt practice if, at a Scottish parliamentary election, P causes or permits to be included in a document delivered or otherwise furnished to a CRO or a RRO for use in connection with the election—</p>
</intro>
<level class="para1" eId="article-30-1-a">
<num>(a)</num>
<content>
<p>a statement of the name or home address of a candidate at the election which P knows to be false in any particular;</p>
</content>
</level>
<level class="para1" eId="article-30-1-b">
<num>(b)</num>
<intro>
<p>anything which purports to be the signature of a person who subscribes a nomination paper but which P knows—</p>
</intro>
<level class="para2" eId="article-30-1-b-i">
<num>(i)</num>
<content>
<p>was not written by the person by whom it purports to have been written; or</p>
</content>
</level>
<level class="para2" eId="article-30-1-b-ii">
<num>(ii)</num>
<content>
<p>if written by that person, was not written by that person for the purpose of subscribing that nomination paper;</p>
</content>
</level>
</level>
<level class="para1" eId="article-30-1-c">
<num>(c)</num>
<intro>
<p>a certificate under rule 6(2) of the Scottish Parliamentary Election Rules authorising the use by a registered party of a name or description if P knows that a candidate on that party’s list of candidates is also, in relation to a poll which is to be held on the same day as the election to which the certificate relates—</p>
</intro>
<level class="para2" eId="article-30-1-c-i">
<num>(i)</num>
<content>
<p>included in any other such list for the region or another region;</p>
</content>
</level>
<level class="para2" eId="article-30-1-c-ii">
<num>(ii)</num>
<content>
<p>an individual candidate to be a regional member for the region or another region;</p>
</content>
</level>
<level class="para2" eId="article-30-1-c-iii">
<num>(iii)</num>
<content>
<p>a candidate to be a constituency member for a constituency not included in the region; or</p>
</content>
</level>
<level class="para2" eId="article-30-1-c-iv">
<num>(iv)</num>
<content>
<p>a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party; or</p>
</content>
</level>
</level>
<level class="para1" eId="article-30-1-d">
<num>(d)</num>
<content>
<p>a certificate under rule 7(1) of the Scottish Parliamentary Election Rules authorising the use by a constituency candidate of a description if P knows that the candidate is a candidate in another Scottish parliamentary constituency election in which the poll is to be held on the same day as the election to which the certificate relates.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-30-2">
<num>(2)</num>
<intro>
<p>A person (“Q”) is guilty of a corrupt practice if, in the case of a constituency election, Q makes in any document in which Q consents to nomination as a candidate—</p>
</intro>
<level class="para1" eId="article-30-2-a">
<num>(a)</num>
<content>
<p>a statement of Q’s date of birth;</p>
</content>
</level>
<level class="para1" eId="article-30-2-b">
<num>(b)</num>
<content>
<p>a statement as to Q’s qualification for membership of the Scottish parliament; or</p>
</content>
</level>
<level class="para1" eId="article-30-2-c">
<num>(c)</num>
<content>
<p>a statement that Q is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,</p>
</content>
</level>
<wrapUp>
<p>which Q knows to be false in any particular.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-30-3">
<num>(3)</num>
<intro>
<p>A person (“R”) is guilty of a corrupt practice if, in the case of an individual candidate at a regional election, R makes in any document in which R consents to nomination as a candidate—</p>
</intro>
<level class="para1" eId="article-30-3-a">
<num>(a)</num>
<content>
<p>a statement of R’s date of birth;</p>
</content>
</level>
<level class="para1" eId="article-30-3-b">
<num>(b)</num>
<content>
<p>a statement as to R’s qualification for membership of the Scottish parliament; or</p>
</content>
</level>
<level class="para1" eId="article-30-3-c">
<num>(c)</num>
<content>
<p>a statement that R is not a party list candidate at that regional election nor a candidate in another Scottish parliamentary election the poll for which is to be held on the same day as the poll at the election to which the consent relates,</p>
</content>
</level>
<wrapUp>
<p>which R knows to be false in any particular.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-30-4">
<num>(4)</num>
<intro>
<p>A person (“S”) is guilty of a corrupt practice if, in the case of a party list candidate at a regional election, S makes in any document in which S consents to nomination as a candidate—</p>
</intro>
<level class="para1" eId="article-30-4-a">
<num>(a)</num>
<content>
<p>a statement of S’s date of birth;</p>
</content>
</level>
<level class="para1" eId="article-30-4-b">
<num>(b)</num>
<content>
<p>a statement as to S’s qualification for membership of the Scottish parliament; or</p>
</content>
</level>
<level class="para1" eId="article-30-4-c">
<num>(c)</num>
<content>
<p>a statement that S is not an individual candidate or a candidate on the list submitted by another registered party at that regional election or a candidate at another Scottish parliamentary election in which the poll is to be held on the same day as the poll at the election to which the consent relates,</p>
</content>
</level>
<wrapUp>
<p>which S knows to be false in any particular.</p>
</wrapUp>
</paragraph>
<paragraph eId="article-30-5">
<num>(5)</num>
<intro>
<p>For the purposes of paragraphs (2), (3) and (4) a statement as to a candidate’s qualification is a statement—</p>
</intro>
<level class="para1" eId="article-30-5-a">
<num>(a)</num>
<content>
<p>that the candidate is qualified for being elected;</p>
</content>
</level>
<level class="para1" eId="article-30-5-b">
<num>(b)</num>
<content>
<p>that the candidate will be qualified for being elected; or</p>
</content>
</level>
<level class="para1" eId="article-30-5-c">
<num>(c)</num>
<content>
<p>that to the best of the candidate’s knowledge and belief the candidate is not disqualified from being elected.</p>
</content>
</level>
</paragraph>
</article>
<article eId="article-31">
<heading>Requirement of secrecy</heading>
<num>31.</num>
<paragraph eId="article-31-1">
<num>(1)</num>
<intro>
<p>The following persons attending at a polling station, namely—</p>
</intro>
<level class="para1" eId="article-31-1-a">
<num>(a)</num>
<content>
<p>a CRO, RRO or a member of staff of a CRO or RRO;</p>
</content>
</level>
<level class="para1" eId="article-31-1-b">
<num>(b)</num>
<content>
<p>a presiding officer or clerk;</p>
</content>
</level>
<level class="para1" eId="article-31-1-c">
<num>(c)</num>
<content>
<p>a candidate (including a candidate on a party’s regional list);</p>
</content>
</level>
<level class="para1" eId="article-31-1-d">
<num>(d)</num>
<content>
<p>a nominating officer of a registered party which has submitted a regional list;</p>
</content>
</level>
<level class="para1" eId="article-31-1-e">
<num>(e)</num>
<content>
<p>an election agent;</p>
</content>
</level>
<level class="para1" eId="article-31-1-f">
<num>(f)</num>
<content>
<p>a polling agent;</p>
</content>
</level>
<level class="para1" eId="article-31-1-g">
<num>(g)</num>
<content>
<p>
a person attending by virtue of sections 6A to 6D of the 2000 Political Parties Act
<authorialNote class="footnote" eId="f00030" marker="30">
<p>Sections 6A to 6D were inserted by the 2006 Act, section 29.</p>
</authorialNote>
(representatives of the Electoral Commission and accredited observers),
</p>
</content>
</level>
<wrapUp>
<p>shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed the information described in paragraph (2).</p>
</wrapUp>
</paragraph>
<paragraph eId="article-31-2">
<num>(2)</num>
<intro>
<p>The information referred to in paragraph (1) is any information as to—</p>
</intro>
<level class="para1" eId="article-31-2-a">
<num>(a)</num>
<content>
<p>the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;</p>
</content>
</level>
<level class="para1" eId="article-31-2-b">
<num>(b)</num>
<content>
<p>the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or</p>
</content>
</level>
<level class="para1" eId="article-31-2-c">
<num>(c)</num>
<content>
<p>the official mark being used in accordance with rule 30 of the Scottish Parliamentary Election Rules (“the official mark”).</p>
</content>
</level>
</paragraph>
<paragraph eId="article-31-3">
<num>(3)</num>
<intro>
<p>Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—</p>
</intro>
<level class="para1" eId="article-31-3-a">
<num>(a)</num>
<content>
<p>ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper;</p>
</content>
</level>
<level class="para1" eId="article-31-3-b">
<num>(b)</num>
<content>
<p>communicate any information obtained at the counting of the votes as to the candidate for whom or, as the case may be, registered party for which, any vote is given on any particular ballot paper.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-31-4">
<num>(4)</num>
<intro>
<p>No person shall—</p>
</intro>
<level class="para1" eId="article-31-4-a">
<num>(a)</num>
<content>
<p>interfere with or attempt to interfere with a voter when the voter is recording the voter’s vote;</p>
</content>
</level>
<level class="para1" eId="article-31-4-b">
<num>(b)</num>
<content>
<p>otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted;</p>
</content>
</level>
<level class="para1" eId="article-31-4-c">
<num>(c)</num>
<content>
<p>communicate at any time to any person any information obtained in a polling station as to the candidate for whom or the registered party 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</p>
</content>
</level>
<level class="para1" eId="article-31-4-d">
<num>(d)</num>
<content>
<p>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 the name of the candidate for whom or the registered party for which the voter has or has not voted.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-31-5">
<num>(5)</num>
<intro>
<p>Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of voting and shall not—</p>
</intro>
<level class="para1" eId="article-31-5-a">
<num>(a)</num>
<content>
<p>except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark;</p>
</content>
</level>
<level class="para1" eId="article-31-5-b">
<num>(b)</num>
<content>
<p>except for some 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;</p>
</content>
</level>
<level class="para1" eId="article-31-5-c">
<num>(c)</num>
<content>
<p>except for some 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</p>
</content>
</level>
<level class="para1" eId="article-31-5-d">
<num>(d)</num>
<content>
<p>attempt to ascertain at the proceedings in connection with the receipt of ballot papers the name of the candidate for whom or the registered party for which, any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-31-6">
<num>(6)</num>
<content>
<p>No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered party 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.</p>
</content>
</paragraph>
<paragraph eId="article-31-7">
<num>(7)</num>
<intro>
<p>No person may publish before the close of the poll—</p>
</intro>
<level class="para1" eId="article-31-7-a">
<num>(a)</num>
<content>
<p>any statement relating to the way in which voters have voted in the poll where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or</p>
</content>
</level>
<level class="para1" eId="article-31-7-b">
<num>(b)</num>
<content>
<p>any forecast or estimate as to the result of the election which is (or might reasonably be taken to be) based on information so given.</p>
</content>
</level>
</paragraph>
<paragraph eId="article-31-8">
<num>(8)</num>
<content>
<p>If a person acts in contravention of this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding six months.</p>
</content>
</paragraph>
<paragraph eId="article-31-9">
<num>(9)</num>
<intro>
<p>In this article—</p>
</intro>
<level class="para1" eId="article-31-9-a">
<num>(a)</num>
<content>
<p>a voter with disabilities is a voter who has made a declaration under rule 48 of the Scottish Parliamentary Election Rules that the voter is so incapacitated by blindness or other disability or by inability to read, as to be unable to vote without assistance;</p>
</content>
</level>
<level class="para1" eId="article-31-9-b">
<num>(b)</num>
<content>
<p>“publish” means make available to the public at large (or any section of the public), in whatever form and by whatever means; and</p>
</content>
</level>
<level class="para1" eId="article-31-9-c">
<num>(c)</num>
<content>
<p>the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate, candidates, registered party or parties at the election are concerned.</p>
</content>
</level>
</paragraph>
</article>
</part>
</body>
</act>
</akomaNtoso>