The Scottish Parliament (Elections etc.) Order 1999

Statutory Instruments

1999 No. 787

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 1999

Made

10th March 1999

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 12(1) and 113 of the Scotland Act 1998(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

PART I GENERAL

Citation and commencement

1.  This Order may be cited as the Scottish Parliament (Elections etc.) Order 1999 and shall come into force on the day after the day on which it is made.

Interpretation

2.—(1) In this Order, except where the context otherwise requires–

“the 1983 Act” means the Representation of the People Act 1983(2);

“the 1985 Act” means the Representation of the People Act 1985(3);

“the 1986 Regulations” means the Representation of the People (Scotland) Regulations 1986(4);

“the 1998 Act” means the Scotland Act 1998;

“appropriate returning officer” means–

(a)

in relation to a candidate for return as a constituency member (or to an election agent or sub-agent for such a candidate) the constituency returning officer for that constituency; and

(b)

in relation to an individual candidate for return as a regional member or to a registered party submitting a regional list for a particular region, (or to an election agent or sub-agent for such a candidate or such a registered party) the regional returning officer for that region,

a reference to a ballot paper shall, in relation to a general election for membership of the Scottish Parliament be construed as a reference to both the constituency ballot paper and the regional ballot paper;

a reference to a numbered article shall be construed as a reference to the article bearing that number in this Order;

“Citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a commonwealth citizen or a citizen of the Republic of Ireland;

“constituency returning officer” means the officer who, in accordance with article 14, is the constituency returning officer for a Scottish parliamentary election in a constituency;

“European Parliamentary Election” has the same meaning as in section 27(1) of the 1985 Act;

“local authority” has the same meaning as in the Local Government (Scotland) Act 1973(5);

“nominating officer” means the person registered under the Registration of Political Parties Act 1998(6) as the officer with responsibility for the matters referred to in paragraph 5(2) of Schedule 1 to that Act in respect of a registered party;

“ordinary local government election” means an ordinary election of councillors for local government areas in Scotland;

“regional returning officer” means a regional returning officer for the purposes of the 1998 Act;

“register of electors” means the register of local government electors;

“registered emblem” means an emblem registered by a political party under the Registration of Political Parties Act 1998;

“registered party” means a party registered under the Registration of Political Parties Act 1998;

“registration officer” means an electoral registration officer within the meaning of the 1983 Act;

“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it; and

“Scottish parliamentary election” means an election for membership of the Scottish Parliament and “Scottish parliamentary general election” shall be construed accordingly.

(2) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.

PART II THE FRANCHISE AND ITS EXERCISE

Registers of electors etc.

3.—(1) An alteration made in a register of electors under section 11(1) or (2) or 57 of the 1983 Act (correction of registers and registration appeals) after the last day on which the nomination papers at an election may be delivered to the constituency returning officer shall not have effect for the purposes of that election.

(2) Schedule 1 (which makes provision in connection with electors lists and registers) has effect.

Registration appeals

4.—(1) An appeal lies to the sheriff court from any decision under this Order of the registration officer 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.

(3) An appeal made by virtue of this article or section 57 of the 1983 Act 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) Notice shall be sent to the registration officer by recorded delivery post of the decision of the sheriff court or of the Court of three judges referred to in paragraph (2) above on any appeal by virtue of this article, and the registration officer shall make such alterations in the–

(a) record kept under article 8(4); or

(b) record kept under article 11(6),

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 57 of the 1983 Act an alteration in the register is made on or before the last day for the delivery of nomination papers at an election paragraph (3) above does not apply to that appeal as respects that election.

(6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

Polling districts and places at elections

5.—(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, except where it appears to those responsible for the designation of parliamentary polling districts and polling places under section 18(3) of the 1983 Act 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 elections

6.—(1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules in Schedule 2 to this Order.

(2) It is the general duty of every returning officer 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 Scottish Parliamentary Election Rules.

(3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a returning officer or any other person in breach of his official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognizance 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 to this Order (Scottish Parliamentary Election Rules) has effect.

Manner of voting at Scottish parliamentary elections

7.—(1) This article applies to determine the manner of voting of a person entitled to vote as an elector at a Scottish parliamentary election.

(2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the election.

(3) He may vote by post if he is entitled as an elector to vote by post at the election.

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

(5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment, either as a constable or by a returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the constituency.

(6) For the purposes of the provisions 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 he is shown in the absent voter list for the election as so entitled; and references in those provisions 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 period

8.—(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at Scottish parliamentary elections for an indefinite period, the registration officer shall grant the application (subject to paragraph (6) below) if–

(a) he is satisfied that the applicant is eligible for an absent vote at Scottish parliamentary elections for an indefinite period;

(b) he is satisfied that the applicant is or will be registered in the register of electors; and

(c) the application meets the requirements set out in Schedule 3.

(2) For the purposes of this article, a person is eligible for an absent vote at Scottish parliamentary elections for an indefinite period–

(a) if he is or will be registered as a service voter;

(b) if he is no longer resident at his qualifying address or at any other address in the same area;

(c) if he cannot reasonably be expected–

(i) to go in person to the polling station allotted or likely to be allotted to him under this Order; or

(ii) to vote unaided there,

by reason of blindness or other physical incapacity;

(d) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse; or

(e) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.

(3) For the purposes of paragraph (2)(b), two addresses are in the same area only if both addresses are in the same electoral ward.

(4) The registration officer shall keep a record of those whose applications under this article have been granted showing–

(a) 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

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

(5) The registration officer shall remove a person from the record kept under paragraph (4) above–

(a) if he applies to the registration officer to be removed;

(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter; or

(c) if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.

(6) A person shown in the record kept under paragraph (4) as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to paragraph (7) below) on an application to the registration officer that meets the requirements set out in Schedule 3 and the registration officer shall amend the record accordingly.

(7) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot papers are to be sent.

Absent vote at a particular Scottish parliamentary election and absent voters list

9.—(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Scottish parliamentary election, the registration officer shall grant the application (subject to paragraph (4)) if–

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

(b) he is satisfied that the applicant is or will be registered in the register; and

(c) the application meets the requirements set out in Schedule 3.

(2) Paragraph (1) above does 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 registration officer–

(i) for his ballot papers to be sent to a different address in the United Kingdom; or

(ii) to vote by proxy,

if he is shown in the record so kept as voting by post.

(3) The registration officer shall grant an application under paragraph (2) above if it meets the requirements set out in Schedule 3.

(4) Subject to paragraph (2) above, the registration officer shall, in respect of each Scottish parliamentary election, keep a special list (“the absent voters list”) consisting of–

(a) a 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 (2) above 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 (2) above as the addresses to which their ballot papers are to be sent; and

(ii) those whose applications under paragraph (1) above 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.

(5) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot papers are to be sent.

Proxies at Scottish parliamentary elections

10.—(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 him at Scottish parliamentary elections.

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

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.

(4) A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll he has attained the age of eighteen.

(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 husband, wife, parent, grandparent, brother, sister, child or grandchild.

(6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Scottish parliamentary elections for an indefinite period, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be–

(a) registered in the register of electors for that election; and

(b) shown in the record kept under article 8 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 registration officer for the appointment of a proxy to vote for him at a particular Scottish parliamentary election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he 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,

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 registration officer.

(9) The appointment may be cancelled by the elector by giving notice to the registration officer 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 him at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere).

(10) Subject to paragraph (9) above, 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.

Voting as proxy

11.—(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 he is entitled to vote by post as proxy for the elector at the election, in which case he 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 he is included in the list kept under paragraph (9) below in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at Scottish parliamentary elections for an indefinite period, the registration officer shall (subject to paragraphs (10) and (12) below) grant the application if–

(a) the applicant is included in any record kept under article 8 in respect of a constituency for the whole or any part of which the registration officer acts; or

(b) the address provided by the applicant in his application as the address to which his ballot papers are to be sent is not in the same area as the elector’s qualifying address,

and the application meets the requirements set out in Schedule 3.

(5) For the purposes of this article, two addresses are in the same area only if both addresses are in the same electoral ward.

(6) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted showing the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(7) Where a person applies to the registration officer to vote by post as proxy at a particular election and the application meets the requirements set out in Schedule 3, the registration officer shall (subject to paragraphs (10) and (12) below) grant the application if–

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

(b) the applicant is, or the registration officer is satisfied that he will be, included in respect of the constituency for the whole or any part of which the registration officer acts in any of the absent voters lists for that election.

(8) Where, in the case of a particular election, a person included in the record kept under paragraph (6) above applies to the registration officer for his ballot papers to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the requirements set out in Schedule 3.

(9) The registration officer shall, in respect of each Scottish parliamentary election, keep a special list of–

(a) those who are for the time being included in the record kept under paragraph (6) above, together with the addresses provided by them in their applications under that paragraph or, as the case may be, paragraph (8) above as the addresses to which their ballot papers are to be sent; and

(b) those whose applications under paragraph (7) above 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 forthwith supply to the constituency returning officer a copy of that list on completion of the compilation of it.

(10) The registration officer shall not grant any application under this article unless–

(a) he is satisfied that the elector is or will be registered in the register of electors; and

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for him at Scottish parliamentary elections or, as the case may be, the election concerned.

(11) The registration officer shall remove a person from the record kept under paragraph (6) above–

(a) if he applies to the registration officer to be removed;

(b) where he was included in the record on the ground mentioned in paragraph (4)(a) above, if he ceases to be included in any record kept under article 8 above in respect of a Scottish Parliamentary constituency for the whole or any part of which the registration officer acts or becomes so included in pursuance of a further application under that article;

(c) if the elector ceases to be registered as mentioned in paragraph(10)(a) above; or

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

(12) A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot papers are to be sent.

Absent voting at elections: miscellaneous

12.—(1) Section 59 of the 1983 Act (supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modification)–

(a) in subsection (3)(a), “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 in relation to the making and cancellation of appointments of a proxy and in relation to voting by post; and

(b) in subsection (3)(b), “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 polls

13.—(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 another 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 may be so taken if the returning officer for each election thinks fit.

(3) In paragraph (2) the reference to another election means a local government election; and for the purposes of that paragraph 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 Secretary of State may determine.

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

Constituency returning officers

14.—(1) The constituency returning officer for a Scottish parliamentary election in a constituency other than the Orkney Islands and the Shetland Islands shall be the person who under section 25 of the 1983 Act (returning officers: Scotland) is, the returning officer for parliamentary elections in that parliamentary constituency.

(2) The constituency returning officer for a Scottish parliamentary election in the Orkney Islands shall be the person who, under section 41 of the 1983 Act (local government elections in Scotland) is, or may discharge the functions of, the returning officer at elections of councillors for the Orkney Islands Council.

(3) The constituency returning officer for a Scottish parliamentary election in the Shetland Islands shall be the person who, under section 41 of the 1983 Act (local government elections in Scotland) is, or may discharge the functions of, the returning officer at elections of councillors for the Shetland Islands Council.

Officers of councils to be placed at disposal of returning officers

15.—(1) Every local authority in Scotland shall place at the disposal of the constituency returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the constituency returning officer in the discharge of any functions conferred on him in relation to a Scottish parliamentary election the services of officers employed by the authority.

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

Returning officers: discharge of functions

16.—(1) A returning officer at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of his functions.

(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 regional returning officer and each constituency returning officer for a Scottish parliamentary constituency within that region to co-operate with each other in the discharge of their functions.

(3) The duty imposed by paragraph (2) above applies as between constituency returning officers in any region as well as between such officers and the regional returning officer for that region.

Returning officers: general

17.—(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 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 constituency returning officer or a regional returning officer at that election.

Payments by and to returning officers

18.  Section 29 of the 1983 Act shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:–

(a) any reference to a parliamentary election shall be construed as a reference to an election for membership of the Scottish Parliament;

(b) any reference to a returning officer shall be construed as a reference to a constituency returning officer and a regional returning officer;

(c) subsections (1) and (2) shall be omitted;

(d) the reference in subsection (5) to “section 30 below” shall be construed as a reference to article 19;

(e) in subsection (8), for “Regulations may” substitute “The Secretary of State may by regulations”; and

(f) after subsection (8) there shall be inserted–

“(8A) Any order made under subsection (3) above and any regulations made under subsection (8) above may make different provision in relation to different cases or in relation to different classes of case.”.

Taxation of returning officer’s accounts

19.—(1) An application for the accounts 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 he thinks fit, and finally to determine the amount payable to the constituency returning officer or, as the case may be, regional returning officer.

(3) On any such application the returning officer may apply to the Auditor to examine any claim made by any person against him in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving him 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 elections

20.—(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament, may, on request, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as the Secretary of State may determine.

(2) 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 constituency returning officer at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers

21.—(1) The register of electors shall for the purposes of this Part be conclusive on the following questions–

(a) whether or not a person registered in it was on the qualifying date resident at the address shown; and

(b) whether or not that address is in any local government area or any particular part of a local government area.

(2) Any entry in the register of local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he 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.

(3) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (4) below; but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

(4) The grounds referred to in paragraph (3) above are–

(a) that he is not of voting age;

(b) that he is not, or, on the qualifying date or the date of his appointment (as the case may be); was not–

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland,

(iii) a relevant citizen of the Union;

(c) that he is, or, on the qualifying date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

Effect of misdescription

22.  No misnomer or inaccurate description of any person or place named–

(a) in the register of electors; or

(b) 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 duties

23.—(1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

(2) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the local authority which appointed the registration officer, and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

(3) It shall in the duty of each local authority to assign such officers to assist the registration officer appointed by that authority as may be required for carrying out his functions under this Order.

Payment of expenses of registration

24.—(1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as “registration expenses”) shall be paid by the local authority by whom the registration officer was appointed.

(2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the local authority by whom he was appointed.

(3) On the request of a registration officer for an advance on account of registration expenses, the local authority by whom the registration officer was appointed may, if it thinks fit, make such an advance to him of such an amount and subject to such conditions as it may approve.

Personation

25.—(1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) A person shall be deemed to be guilty of personation at a Scottish parliamentary election if he–

(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 he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when he knows or has reasonable grounds for supposing that his 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 offences

26.—(1) A person shall be guilty of an offence if–

(a) he 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 he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(b) he applies for the appointment of a proxy to vote for him at any Scottish parliamentary election or at Scottish parliamentary elections knowing that he 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) he 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) above, 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 his being below voting age if he will be of voting age on that day.

(3) A person shall be guilty of an offence if–

(a) he votes as elector–

(i) more than once in any constituency at a poll for the return of a constituency member; or

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

(c) he votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as his 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) he applies for a person to be appointed as his proxy to vote for him 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 shall be guilty of an offence if–

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

(c) he 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 shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

(6) A person shall also be guilty of an offence if he 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) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

(8) 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 they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order); and

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

(9) 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 he shall, for the purposes of this article, be treated as voting once in relation to each poll for which his votes are given.

Breach of official duty

27.—(1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he 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 his 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 his official duty.

(3) The persons to whom this article applies are–

(a) any sheriff clerk, registration officer, returning officer or presiding officer;

(b) any postmaster; and

(c) any deputy of a person mentioned in any of sub-paragraphs (a) or (b) or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties,

and “official duty” shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc.

28.—(1) A person shall be guilty of an offence, if, at a Scottish parliamentary election, he–

(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 declaration of identity 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 he 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–

(a) at a Scottish parliamentary election, he forges any nomination paper, delivers to a returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;

(b) he signs any nomination paper as candidate or as nominating officer for any registered political 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) he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he 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 amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

(4) If any other person is guilty of an offence under this article he 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 three months, or to both.

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

Requirement of secrecy

29.—(1) The following persons attending at a polling station, namely–

(a) a returning officer;

(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; or

(f) a polling agent,

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 any information as to–

(i) 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;

(ii) 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

(iii) the official mark.

(2) 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 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 political party for which, any vote is given on any particular ballot paper.

(3) No person shall–

(a) interfere with or attempt to interfere with a voter when recording his vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or, as the case may be, the registered political 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, as the case may be, the registered political party for which a voter in that station is about to vote or has voted, or as to the 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 he has marked it so as to make known to any person the name of the candidate for whom or, as the case may be, the registered political party for which he has or has not voted.

(4) 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 the 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 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 number on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the name of the candidate for whom or, as the case may be, the registered political party for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(5) No person having undertaken to assist a blind voter 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 political party for which that voter intends to vote or has voted, or as to the number on the back of a ballot paper given for the use of that voter.

(6) If a person acts in contravention of this article he 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 three months.

PART III THE ELECTION CAMPAIGN

Appointment of election agent

30.—(1) Not later than the latest time for delivery of notices of withdrawal of candidature for a Scottish parliamentary election, a person shall be named by, or on behalf of–

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

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

(c) each registered party submitting a regional list,

as the election agent for that candidate or, as the case may be registered party in relation to that list and that person’s name and address shall be declared in writing by or on behalf of such a candidate or, in the case of a registered party, by the candidate who is highest in that party’s regional list, to the appropriate returning officer.

(2) A candidate for return as a constituency member and any individual candidate for return as a regional member may name himself as election agent.

(3) A candidate included on a registered party’s regional list may be named as election agent for that party in relation to that regional list.

(4) Where a candidate has been named or has named himself as an election agent he shall, so far as circumstances admit, be subject to the provisions of this Order both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

(5) One election agent only shall be appointed for–

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

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

(c) each registered party in relation to each regional list submitted by that party,

but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.

(6) If, whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.

(7) The declaration as an election agent of–

(a) a candidate of a person other than that candidate; or

(b) a registered party submitting a regional list, of a person other than a candidate on that list,

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

(8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address.

Nomination of sub-agent

31.—(1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

(2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

(3) In this Order, any deputy election agent appointed under paragraph (1) or (2) above is referred to as a sub-agent.

(4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub-agent the election agent may act by the sub-agent and–

(a) anything done for the purposes of this Order by or to the sub-agent in his part of the constituency or, as the case may be, region shall be deemed to be done by or to the election agent;

(b) any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice and offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and

(c) the candidate or, as the case may be, each candidate on the registered party’s regional list shall suffer the like incapacity as if that act or default had been the election agent’s act or default.

(5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub-agent so declared.

(6) The appointment of a sub-agent–

(a) shall not be vacated by the election agent who appointed him ceasing to be election agent; but

(b) may be revoked by whoever is for the time being the election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

(7) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (5) or (6) above shall specify the part of the constituency or, as the case may be, region within which any sub-agent is appointed to act.

Office of election agent

32.—(1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be–

(a) declared to the appropriate returning officer at the same time as the appointment of the agent or, as the case may be, sub-agent, is declared to him; and

(b) stated in the public notice of the name of the agent or, as the case may be, sub-agent.

(2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent or sub-agent may, in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent’s appointment

33.—(1) If no person’s name and address is given as required by article 30 as the election agent of–

(a) a candidate who remains validly nominated; or

(b) a registered party submitting a regional list,

at the latest time for delivery of notices of withdrawal of candidature–

(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent; and

(ii) in the case of a registered party, the candidate who is highest in that party’s regional list shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as that party’s election agent.

(2) This paragraph applies if–

(a) the person whose name and address have been so given as those of an election agent for a candidate (not being the candidate himself) or of a registered party dies; and

(b) a new appointment is not made on the day of the death or on the following day.

(3) Where paragraph (2) above applies–

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, he shall be deemed to have appointed himself as from the time of death; and

(b) in the case of the death of an election agent for a registered party–

(i) the candidate who is highest in that party’s regional list shall be deemed to have appointed himself from the time of the death; or

(ii) where paragraph (2) above applies through the death of such a candidate, the candidate whose name is next highest in that registered party’s regional list shall be deemed to have been appointed from the time of the death.

(4) If the appointment of an election agent is revoked without a new appointment being made–

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent; and

(b) in the case of a registered party, the candidate who is highest in that party’s regional list shall be deemed to have been appointed (or re-appointed) election agent.

(5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

(6) Where a candidate for return as a constituency member is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated as candidates for return as a constituency member.

(7) Where an individual candidate for return as a regional member or a candidate on a registered party’s regional list is by virtue of this article to be treated as an election agent he shall be deemed to have his office at the address given in the statement of persons and parties standing nominated.

(8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under article 30 above.

Making of contracts

34.—(1) The election agent of a candidate or of a registered party shall appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate or party at that election, and hire every committee room hired on behalf of such candidate or party.

(2) A contract by which any election expenses are incurred shall not be enforceable against a candidate or against a registered party submitting a regional list at the election unless made by–

(a) in the case of a candidate, the candidate himself or by his election agent; or

(b) in the case of a registered party, the registered party, the nominating officer of that party, its election agent, or any candidate included in the regional list of that party,

but this paragraph does not relieve any candidate for return as a constituency member from the consequences of any corrupt or illegal practice having been committed by his agent.

(3) The references in this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

Expenses of registered political parties

35.  For the purposes of this Part of this Order–

(a) sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the constituency returning officer has received a certificate issued by a nominating officer of a registered party under rule 7 of the Scottish Parliamentary Election Rules are not to be regarded as having been made or incurred by that party; but

(b) a sum is to be treated as paid, and an expense is to be treated as incurred, by a registered party if the payment is made or the expenses incurred–

(i) by an election agent of the party;

(ii) by the party’s nominating officer;

(iii) by any candidate included on a regional list submitted by that party; or

(iv) by any other person in accordance with arrangements for which the nominating officer is responsible.

Payment of expenses through election agent: constituency and individual candidates

36.—(1) Except as permitted by article 38 below, or in pursuance of article 43 or 44 below, no payment and no advance or deposit shall be made–

(a) by a candidate for return as a constituency member or an individual candidate for return as a regional member;

(b) by any agent on behalf of such a candidate; or

(c) by any other person,

at any time in respect of election expenses otherwise than by or through the candidate’s election agent.

(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

(3) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

(4) All money provided by any person other than a candidate for any election expenses, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise.

(5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

(6) A person who makes any payment, advance or deposit in contravention of paragraph (1) above, or pays in contravention of paragraph (4) above any money so provided as mentioned, shall be guilty of an illegal practice.

Payment of expenses: registered political parties etc.

37.—(1) Except as permitted by article 38 below, or in pursuance of articles 43 or 44 below, no payment and no advance or deposit shall be made at any time in respect of election expenses of a registered party at a Scottish parliamentary general election unless made in accordance with paragraph (2) below.

(2) No such payment, advance or deposit shall be made–

(a) by the party or by any agent on behalf of the party;

(b) by any candidate included in a regional list submitted by that party or by any agent on behalf of such a candidate; or

(c) by any other person,

otherwise than–

(i) by or through an election agent of that party; or

(ii) by the nominating officer of that party or by any other person in accordance with arrangements for which that nominating officer is responsible.

(3) Every payment made under paragraph (2) above in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

(4) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

(5) All money provided for any election expenses of a registered political party (whether as gift, loan, advance or deposit) provided by any person other than–

(a) any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph (2)(ii) above,

shall be paid in accordance with paragraph (6) below.

(6) Such money shall be paid to–

(a) any election agent of the registered party, or any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph 2(ii) above,

and not otherwise.

(7) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

(8) A person who makes any payment, advance or deposit in contravention of paragraphs (1) and (2) above, or pays money in contravention of paragraphs (5) and (6) above shall be guilty of an illegal practice.

Candidate’s personal expenses, and petty expenses

38.—(1) A candidate (including a candidate on a registered party’s regional list) may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed–

(a) £600 in the case of a candidate for return as a constituency member who is not also a candidate for return as a regional member; and

(b) £900 in the case of a candidate for return as a regional member (whether or not he is also a candidate for return as a constituency member),

and any further personal expenses incurred by him shall be paid by the election agent.

(2) A candidate shall send to the election agent within the time permitted by this Order for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) above by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member he shall send the statement to the election agent acting on his behalf in relation to his candidacy for return as a constituency member.

(3) Any person may, if so authorised in writing by an election agent pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(4) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person’s receipt.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members

39.—(1) Unless article 40 applies, no expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election shall be incurred at such an election by any person other than the candidate or his election agent and persons authorised in writing by the election agent on account–

(a) of holding public meetings or organising any public display;

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors a candidate, or the views of such a candidate or the extent or nature of that candidate’s backing or disparaging of another candidate or, in the case of an individual candidate for return as a regional member, of a registered party,

but sub-paragraph (c) of this paragraph shall not–

(i) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990(7) or Part I or II of the Broadcasting Act 1996(8); or

(ii) apply to any expenses, not exceeding in the aggregate the sum of £500, which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

(2) Where a person incurs any expense required by this article to be authorised by the election agent–

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate returning officer a return of the amount of those expenses stating the election at which and the candidate in whose support they were incurred; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

(3) The return and declaration under the foregoing provisions of this article shall be in the form A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

(4) A copy of every return and declaration made under paragraph (2) above in relation to an election shall be sent to the Secretary of State within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

(5) If a person–

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (2) above falsely,

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but–

(i) the court before whom a person is convicted under this article may, if they think it is just in certain 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); and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

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

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

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

Prohibition of expenses not authorised by election agent etc.: registered parties

40.—(1) No expenses shall, with a view to promoting or procuring the election of any candidate or candidates be incurred by any person other than in accordance with paragraph (2) below or article 39.

(2) Expenses required by paragraph (1) above to be incurred in accordance with this paragraph shall be incurred by–

(a) any candidate on a registered party’s regional list;

(b) the nominating officer of a registered party;

(c) the election agent of a registered party and any person authorised in writing by that election agent; or

(d) by any other person in accordance with arrangements for which the nominating officer is responsible,

on account–

(i) of holding public meetings or organising any public display;

(ii) of issuing advertisements, circulars or publications; or

(iii) of otherwise presenting to the electors any candidate appearing on that list or the views of any such candidate or the extent to which any such candidate backs or disparages an individual candidate for return as a regional member or any other registered party which has submitted a regional list or any candidate included on the regional list of such other registered party,

but sub-paragraph (iii) of this paragraph shall not–

(ia) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990, or Part I or II of the Broadcasting Act 1996; or

(ib) apply to any expenses not exceeding in the aggregate the sum of £1000 which may be incurred by an individual and are not incurred in pursuance of a plan suggested or conserted with others or to expenses incurred by any person in travelling or living away from home or similar personal expenses.

(3) Where a person incurs any expense required by this article to be authorised by the election agent for a registered party–

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the Secretary of State a return of the amount of those expenses; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by the registered party or its election agent or any candidate included in the party’s regional list.

(4) The return and declaration under the foregoing provisions of this article shall be in the form C and D set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

(5) A copy of the return and declaration made under paragraph (2) above in relation to an election shall be sent to the Secretary of State within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

(6) If a person–

(a) incurs, or aids, abets, counsels or procures any other person to incur any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (3) above falsely,

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but–

(i) the court before whom a person is convicted under this article may, if they think it is just in 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); and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

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

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

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

Limitation of election expenses: candidates

41.—(1) No sum shall be paid and no expense shall be incurred by–

(a) a candidate for return as a constituency member or his election agent; or

(b) an individual candidate for return as a regional member or his election agent,

whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this article, and a candidate, or election agent knowingly acting in contravention of this paragraph shall be guilty of an illegal practice.

(2) The maximum amount is (in a case other than that to which paragraph (3) below applies)–

(a) for a candidate for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency £5,229 together with an additional 5.9p for every entry in a register of electors to be used at the election (as first published);

(b) for a candidate for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, £5,229 together with an additional 4.4p for every entry in a register of electors to be used at the election (as first published);

(c) for a candidate for return as a constituency member for the constituencies of the Orkney Islands or the Shetland Islands, £5,229 together with an additional 5.9p for every entry in a register of electors to be used at the election (as first published); and

(d) for an individual candidate for return as a regional member, a sum calculated by adding together the maximum amounts (calculated in accordance with sub-paragraphs (a) to (c) above) for a single candidate for return as a constituency member in each constituency included in the region.

(3) The maximum amount at an election to fill a vacancy, for a candidate–

(a) for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency, £20,920 together with an additional 23.4p for every entry in a register of electors to be used at the election (as first published);

(b) for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, £20,920 together with an additional 17.8p for every entry in a register of electors to be used at the election (as first published);

(c) for return as a constituency member for the constituencies of the Orkney Islands or the Shetland Islands, £20,920 together with an additional 23.4p for every entry in a register of electors to be used at the election (as first published).

(4) If a register to be used at an election is not published before the day of publication of the notice of election then for any reference in paragraph (2) or (3) above to an entry in that register there shall be substituted a reference to an entry in the electors list for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered.

(5) The maximum amount specified in paragraph (2) or (3) above for a candidate is not required to cover personal expenses of that candidate.

(6) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

(7) The maximum amount specified in paragraph (2) or (3) above for a candidate shall not be affected by the change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

Limitation of election expenses: registered political parties

42.—(1) No sum shall be paid and no expenses shall incurred by a registered political party at a general election for return of members to the Scottish Parliament, whether before, during or after such an election, on account of or in respect of the conduct or management of the election, in excess of £1,500,000.

(2) Any person knowingly acting in contravention of paragraph (1) above shall be guilty of an illegal practice.

(3) The amount specified in this article is not required to cover the personal expenses of any candidates on a regional list of a registered party.

(4) The amount specified in this article shall not be affected by a change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

(5) Where expenditure is incurred by a registered party in excess of the maximum amount specified in this article, the nominating officer of the party shall be deemed to be guilty of an offence, unless he proves–

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

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

(6) A person who is guilty of an offence under paragraph (5) above shall be liable–

(a) on conviction or indictment, to a fine; or

(b) on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

Time for sending in and paying claims

43.—(1) Every claim against–

(a) a candidate for return as a constituency member or his election agent; or

(b) an individual candidate for return as a regional member or his election agent,

in respect of election expenses which is not sent in to the election agent within 21 days after the day on which the result of the election is declared shall be barred and not paid.

(2) Every claim against–

(a) any registered party submitting a regional list or any candidate appearing on any list of that party or an election agent of that party; or

(b) the nominating officer of a registered party submitting a regional list or any other person where that claim arises in accordance with arrangements for which the nominating officer is responsible,

in respect of election expenses which is not sent in–

(i) to the election agent, where sub-paragraph (a) applies; or

(ii) to the nominating officer or to such other person as is mentioned in sub-paragraph (b) where sub-paragraph (b) applies,

within 21 days after the day on which the result of the election is declared shall be barred and not paid.

(3) All election expenses shall be paid within 28 days after that date.

(4) Subject to paragraph (5) or (6) below, a person who pays a claim in contravention of paragraph (1) or (2) above or makes a payment in contravention of paragraph (3) above shall be guilty of an illegal practice.

(5) Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate–

(a) the candidate’s election shall not be void; nor

(b) shall he be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

(6) The following person or persons, namely–

(a) a claimant;

(b) a candidate for return as a constituency member or his election agent;

(c) an individual candidate for return as a regional member or his election agent; or

(d) the nominating officer of a registered political party submitting a regional list, the election agent of such a party, a candidate included a regional list submitted by that party and such other person as is mentioned in paragraph (2)(b) above,

may apply to the Court of Session or to a sheriff court for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in–

(i) to a candidate and not the election agent;

(ii) to the election agent and not to the registered nominating officer or to such other person as is mentioned in paragraph (2)(b) above; or

(iii) to the nominating officer or to such other person as is mentioned in paragraph 2(b) above and not to the election agent,

and the court on cause shown to their satisfaction may by order grant leave.

(7) Any sum specified in the order of leave may be paid–

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

(b) by the nominating officer of a registered party submitting a regional list or that party’s election agent or by any candidate appearing on that list or by any other person in accordance with arrangements for which the nominating officer is responsible; and

the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (3) above.

(8) The jurisdiction vested by paragraph (6) above in a sheriff court may be exercised otherwise than in open court.

(9) An appeal lies to the Court of Session from any order of a sheriff court made by virtue of paragraph (6) above.

Disputed claims

44.—(1) If–

(a) an election agent;

(b) a nominating officer of a registered party; or

(c) any other person in accordance with arrangements for which the nominating officer is responsible,

disputes any claim sent to him within the period of 21 days mentioned in article 43 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a candidate or such other person as is mentioned in paragraph (1)(a), (b) or (c) above, in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 36(1), 37(1) or (2) or 43(3) above.

(3) If the defender in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the pursuer’s application otherwise directs, be forthwith referred for taxation to the auditor of the Court of Session or, as the case may be, sheriff court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

(4) Article 43(7) to (10) above applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent’s claim

45.  So far as circumstances admit, this Order applies to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

46.—(1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared the election agent of every–

(a) candidate for return as a constituency member; and

(b) individual candidate for return as a regional member,

at the election shall deliver to the appropriate returning officer a true return in the form E set out in the Appendix or to the like effect, containing as respects that candidate a statement of all payments made by the election agent together with all the bills and receipts.

(2) The return shall deal under a separate heading or subheading with any expenses included in it–

(a) as respects which a return is required to be made under article 39(2) above; or

(b) which are on account of the remuneration of expenses of speakers at public meetings.

(3) The return shall also contain as respects that candidate–

(a) a statement of the amount of personal expenses, if any, paid by the candidate;

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the Court of Session or sheriff court;

(d) a statement of all money, securities and equivalent of money received by the election agent from the candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received.

(4) Where the candidate is his own election agent, a statement of all money and securities and equivalent of money paid by the candidate shall be substituted in the return as to election expenses for the statement of money securities and equivalent of money received by the election agent from the candidate.

(5) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 43(7) above for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 53 below.

Return as to election expenses: registered party

47.—(1) Within seventy days after the day on which the result of the election is declared the nominating officer for each registered party on whose behalf candidates stood at that election shall deliver to the Secretary of State a true return of election expenses of the party in the form F set out in the Appendix or to the like effect, containing a statement as respects that party of all payments made by the party’s nominating officer, by each of its election agents or by any other person in accordance with arrangements for which that nominating officer is responsible together with all the bills and receipts.

(2) The total amount of all such payments referred to in paragraph (1) above shall be included in the statement.

(3) The return shall deal under a separate heading or sub-heading with any expenses included in it–

(a) as respects which a return is required to be made under article 40(2) above; or

(b) which are on account of the remuneration of expenses of speakers at public meetings.

(4) The return shall also contain as respects that registered party–

(a) a statement as respects each candidate on a regional list of that party of the amount of personal expenses, if any, paid by the candidate;

(b) a statement of all disputed claims of which the nominating officer is aware;

(c) a statement of all the unpaid claims, if any, of which the nominating officer is aware in respect of which application has been or is about to be made to the Court of Session or sheriff court;

(d) a statement of all money, securities and equivalent of money received–

(i) by an election agent;

(ii) by the nominating officer; or

(iii) by any other person in accordance with arrangements for which the nominating officer is responsible,

from a candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received.

(5) Where a candidate included in a registered party’s regional list is the election agent for the registered party in relation to that list, a statement of all money and securities and equivalent of money paid by the candidate shall be substituted in the return as to election expenses for the statement of monies, securities and equivalent of money received by the election agent for that list from that candidate.

(6) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 43(7) for any claims to be paid, the nominating officer shall, within 7 days after its payment, deliver to the Secretary of State a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he or they shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 53 below.

(7) In connection with the discharge of functions under this article by a nominating officer it shall be the duty of any person who is or has been an election agent or sub-agent for a registered party to co-operate with that party’s nominating officer and, in particular, to supply to the nominating officer such particulars as he may reasonably require.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

48.—(1) Each return delivered under article 46 above shall be accompanied by a declaration made by the election agent in the form G set out in the Appendix.

(2) At the same time as the election agent delivers that return, or within seven days thereafter–

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

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

shall deliver to the appropriate returning officer a declaration made by him in the form G set out in the Appendix.

(3) Where a candidate is out of the United Kingdom when the return is so delivered–

(a) the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall be forthwith delivered to the appropriate returning officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the proper officer of a local authority.

(5) Where–

(a) a candidate for return as a constituency member is his own election agent; or

(b) an individual candidate for return as a regional member is his own election agent,

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form G set out in the Appendix.

(6) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Declarations as to election expenses: registered political parties

49.—(1) Each return delivered under article 47 above shall be accompanied by a declaration made by the nominating officer in the form H set out in the Appendix.

(2) At the same time as the nominating officer for a registered party delivers that return, or within 7 days thereafter, each candidate in a regional list submitted by that registered party shall deliver to the Secretary of State a declaration made by that candidate in the form I set out in the Appendix.

(3) Where any such candidate is out of the United Kingdom when the return is so delivered–

(a) the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall forthwith be delivered to the Secretary of State,

but the delay authorised by this article in making the declaration shall not exonerate the nominating officer from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the proper officer of a local authority.

(5) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declaration is needed

50.  Notwithstanding anything in articles 48 and 49 above, no return or declaration as to election expenses shall be required in the case of a person–

(a) who is a candidate, but is so only because he has been declared by others to be a candidate; and

(b) who has not consented to the declaration or taken any part as a candidate at the election.

Penalty for failure as respects return of declarations

51.  Subject to the provisions of article 53 below, if any candidate, nominating officer or election agent fails to comply with the requirements of articles 46 to 49 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declaration is transmitted

52.—(1) If–

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the return and declarations as to election expenses; or

(b) in the case of a candidate included on a registered party’s regional list, his declaration as to elections expenses,

are not delivered before the expiry of the time limited for the purpose the candidate shall not, after the expiry of the time, sit or vote in the Parliament as a member for the constituency or, as the case may be, region until–

(i) where sub-paragraph (a) above applies, that return and those declarations have been delivered;

(ii) where sub-paragraph (b) applies, that declaration has been delivered; or

(iii) the date of the allowance of an authorised excuse for the failure to deliver the return and declaration,

and if he sits or votes in contravention of this paragraph he shall forfeit £100 for every day on which he so sits or votes.

Authorised excuses for failure as to return and declarations

53.—(1) A candidate, a party’s nominating officer or an election agent may apply for relief under this article to–

(a) the Court of Session;

(b) an election court; or

(c) a sheriff court.

(2) Where an application is made under this article the person or persons making the application shall notify the Lord Advocate of the application and the Lord Advocate may attend or be represented at the hearing of the application and make representations at the hearing in respect of it.

(3) Relief under this article may be granted–

(a) to a candidate for return as a constituency member, an individual candidate for return as a regional member, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them;

(b) to a candidate on a registered party’s regional list, in respect of any failure to deliver the declaration as to election expenses, or any part of it, or in respect of any error or false statement in it;

(c) to a registered party’s nominating officer, in respect of any failure to deliver a return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them; or

(d) to an election agent, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them.

(4) The application for relief may be made on the ground that the failure, error or false statement arose–

(a) by reason of the applicant’s illness;

(b) where the applicant is a candidate, by reason of the absence, death, illness or misconduct–

(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, of his election agent or sub-agent (or any clerk or officer of such agent); or

(ii) in the case of a candidate included in a registered party’s regional list, of any person;

(c) where the applicant is an election agent, by reason of the death or illness–

(i) of any prior election agent;

(ii) where he is an election agent for a candidate, of the candidate; or

(iii) where he is an election agent for a registered party submitting a regional list, of any candidate included in that list;

(d) where the applicant is an election agent, by reason of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent;

(e) where the applicant is a registered party’s nominating officer, by reason of the death, absence or misconduct illness–

(i) of any election agent of that party or clerk or officer of such agent;

(ii) of any candidate included in a regional list submitted by that party; or

(iii) of any person having the authority to act in accordance with arrangements for which the nominating officer is responsible; or

(f) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant’s part.

(5) The court may–

(a) after such notice of the application in the constituency or region in relation to which the election was held, as it considers fit; and

(b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

(6) Where it is proved to the court by a candidate–

(a) that any act or omission of the election agent of that candidate (or, in the case of a candidate on a party’s regional list, the party’s nominating officer) in relation to the return or declarations was without the sanction or connivance of the candidate; and

(b) that the candidate took all reasonable means for preventing the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of the election agent or, as the case may be, nominating officer.

(7) An order under paragraph (5) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as the court seem best calculated for carrying into effect the objects of this Part of this Order.

(8) An order under paragraph (5) above shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

(9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

(10) The jurisdiction vested by this article in a sheriff court may be exercised other than in open court.

(11) An appeal lies to the Court of Session from any order of a sheriff court made by virtue of this article.

Court’s power to require information from election agent or sub-agent

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

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

(a) to make the return and declaration; or

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

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

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

Publication of time and place of inspection of returns and declarations

55.—(1) At a Scottish parliamentary election, the appropriate returning officer, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, shall–

(a) publish in not less than–

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

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

(b) send–

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

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

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

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

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

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

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

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

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

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

Inspection of returns and declarations: candidates

56.—(1) Any return or declaration (including the accompanying documents) delivered to the appropriate officer under articles 39, 46 or 48 above–

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

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

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

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

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

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

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

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

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

Inspection of returns and declarations: registered political parties

57.—(1) Any return or declaration (including the accompanying documents) delivered to the Secretary of State under articles 40, 47 or 49 above–

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

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

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

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

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

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

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

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

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

Right to send election address post free

58.—(1) At a Scottish parliamentary election–

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

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

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

is entitled to send free of charge for postage either–

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

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

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

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

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

(5) For the purposes of this article, “elector” means a person–

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

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

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

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

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

(b) any reference to “constituency” shall–

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

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

(c) a reference to “candidate” shall be construed as including a reference to a registered party’s nominating officer; and

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

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

Broadcasting from outside United Kingdom

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

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

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

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

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

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

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

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

Imitation poll cards

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

Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

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

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

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

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

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

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

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

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

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

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

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

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

Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

62.—(1) Subject to the provisions of this article–

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disturbances at Scottish parliamentary election meetings

63.—(1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

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

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

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

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

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

Officials not to act for candidates

64.—(1) If–

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

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

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

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

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

Illegal canvassing by police officers

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

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

No hiring of vehicles to convey voters

66.—(1) A person shall not let, lend, or employ any public vehicle for the purpose of the conveyance of electors or their proxies to or from the poll at a Scottish parliamentary election, and if he does so knowing that the public vehicle is intended to be used for that purpose he shall be guilty of an illegal hiring.

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

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

No payments for conveyance of voters

67.  If any payment or contract for payment is knowingly made, either before, during or after a Scottish parliamentary election, for the purpose of promoting or procuring the giving of a vote for a candidate or registered party on account of the conveyance of electors or their proxies to or from the poll, whether for the hire of carriages, or for railway fares, or otherwise–

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

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

shall be guilty of an illegal practice.

Provisions supplemental to articles 66 and 67

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

“Carriage” in articles 66 and 67

69.  In articles 66 and 67–

(a) “carriage” includes for the purposes of those articles–

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

(ii) any vehicle drawn by such a vehicle,

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

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

Access to polling place by sea

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

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

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

False statements as to candidates

71.—(1) A person who, or any director of any body or association corporate which–

(a) before or during a Scottish parliamentary election;

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

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

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

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

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

unless–

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

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

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

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

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

Corrupt withdrawal from candidature

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

Premises not to be used as committee rooms

73.—(1) If a person at a Scottish parliamentary election–

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

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

he shall be guilty of an illegal hiring.

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

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

Payments for exhibition of election notices

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

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

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

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

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

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

shall be guilty of an illegal practice.

Printer’s name and address on election publications

75.—(1) A person shall not–

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

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

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

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

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

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

Prohibition of paid canvassers

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

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

(b) the person so engaged or employed,

shall be guilty of illegal employment.

Providing money for illegal purposes

77.  Where a person knowingly provides money–

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

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

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

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

Bribery

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Treating

79.—(1) A person shall be guilty of a corrupt practice if he is guilty of treating.

(2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after a Scottish parliamentary election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person–

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

Undue influence

80.—(1) A person shall be guilty of a corrupt practice if he is guilty of undue influence.

(2) A person shall be guilty of undue influence–

(a) if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b) if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon an elector or proxy for an elector either to vote or to refrain from voting.

Rights of creditors

81.  The provisions of this Part prohibiting–

(a) payments and contracts for payments;

(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Order; or

(c) the incurring of expenses not authorised by an election agent,

do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contraven tion of this Order.

Savings as to Scottish parliamentary elections

82.—(1) Where a person has been declared by others to be a candidate at a Scottish parliamentary election without his consent, nothing in this Part shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.

(2) Nothing in this Part makes it illegal for an employer to permit any elector or proxy to absent himself from his employment for a reasonable time for the purpose of voting at the poll at a Scottish parliamentary election without having any deduction from their salaries or wage on account of their absence, if the permission–

(a) is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in his employment; and

(b) is not given with a view to inducing any person to record his vote for any particular candidate or, as the case may be, registered party at the election; and

(c) is not refused to any person for the purpose of preventing him from recording his vote for any particular candidate or, as the case may be, registered party,

but this paragraph shall not be construed as making illegal any act which would not be illegal apart from this paragraph.

Interpretation of Part III

83.  In this Part, unless the context otherwise requires–

“candidate” in relation to a Scottish parliamentary election, means a person who is–

(a)

elected to serve in the Parliament at the election;

(b)

nominated as a candidate; or

(c)

declared by himself or by others to be a candidate on or after publication of the notice of election;

“committee room” does not include any house or room occupied by a candidate as a dwelling, by reason only of the candidate transacting business there with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing in it electors, committee members or others;

“date of allowance of an authorised excuse” has the meaning given by article 53(9) above;

“declaration as to election expenses” means a declaration made under articles 48 or 49 above;

“disputed claim” has the meaning given by article 44(1) above as extended by article 45 above;

“election expenses”, in relation to a Scottish parliamentary election, means expenses incurred, whether before, during or after the election, on account of or in respect of the conduct or management of the election;

“money” and “pecuniary reward” shall (except in article 78 and 79 above) be deemed to include–

(a)

any office, place or employment;

(b)

any valuable security or other equivalent of money; and

(c)

any valuable consideration,

and expressions referring to money shall be construed accordingly;

“payment” includes any pecuniary or other reward;

“personal expenses” as used with respect to the expenditure of any candidate in relation to any Scottish parliamentary election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election; and

“return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under articles 46 and 47 above.

Computation of time for purposes of Part III

84.—(1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part is any of the days mentioned in paragraph (2)–

(a) the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and

(b) in computing any period of not more than seven days for the purposes of this Part any of the days so mentioned shall be disregarded.

(2) The days referred to in paragraph (1) above are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday, a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(10), or a day appointed for public thanksgiving or mourning.

PART IV LEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections

85.—(1) The provisions of the 1983 Act which are specified in the left-hand column of Part I of Schedule 6 to this Order shall, subject to–

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

(b) paragraph (2) below; and

(c) any modifications necessary in consequence of those provisions,

apply for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.

(2) The provisions of the 1983 Act which are specified in the left hand column of Part II of Schedule 6 to this Order shall, subject to–

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

(b) paragraph (2) below; and

(c) any modifications necessary in consequence of those provisions,

apply for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.

(3) Unless the context otherwise requires, in the provisions applied by Schedule 6 to this Order–

(a) any provision relating to a local government election or local government electors and references in connection therewith (including a reference to a petition questioning an election under the Local Government (Scotland) Act 1973) shall be disregarded;

(b) any reference to a parliamentary election (except the references specified in paragraph (c) below) shall be construed as a reference to a Scottish parliamentary election and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;

(c) any reference to a constituency (or parliamentary constituency) shall be construed–

(i) in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;

(ii) in relation to any election or return of a regional member, as a reference to a region;

(d) any reference to promoting or procuring the election of a candidate shall be construed as a reference to promoting or procuring the giving of a vote for a particular candidate or registered party at the election;

(e) any reference to a candidate, other than the one referred to in sub-paragraph (d) above, shall be construed as a reference to either–

(i) a candidate on a registered party’s regional list; or

(ii) an individual candidate,

as the case may be;

(f) any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;

(g) any reference to a member in the context of a Member of Parliament shall be construed as a reference to a member of the Scottish Parliament;

(h) any reference to a parliamentary election petition (except in the context of the rota for the trial of parliamentary election petitions) shall be construed as a reference to a Scottish parliamentary election petition;

(i) any reference to the High Court shall be construed as a reference to the Court of Session and any reference to the County Court or a judge of that Court shall be construed as a reference to the sheriff court or Sheriff;

(j) any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;

(k) any reference to a return in the context of a return to the writ of election (and the return to Parliament) shall be construed as a reference to the declaration of the result by the returning officer under rule 60 or, as the case may be, 64 of the Scottish Parliamentary Election Rules;

(l) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Part of this Order; and

(m) any references to an offence under the 1983 Act or to a practice (or payment, employment or hiring) made corrupt or illegal by any provision of that Act shall be construed, subject to any necessary modifications, as a reference to the offence under, or practice, payment, employment or hiring made illegal by the corresponding provision of this Order.

(4) The references to “parliamentary election” to which paragraph (2)(b) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.

PART V MISCELLANEOUS AND SUPPLEMENTAL

Vacancies: constituency seats

86.  Where the seat of a constituency member is vacant and the date of the poll at an election to fill that vacancy is fixed by the Presiding Officer of the Scottish Parliament under section 9 of the 1998 Act, he shall forthwith send a notice to the constituency returning officer for that constituency stating–

(a) that the vacancy exists; and

(b) the date fixed for the poll at the election to fill that vacancy.

Vacancies: regional member seats

87.—(1) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that the seat of a regional member who was returned from a registered party’s regional list is vacant, he shall forthwith send a notice in accordance with paragraph (2) below to the regional returning officer for that region.

(2) A notice under paragraph (1) above shall–

(a) state that a vacancy exists; and

(b) set out the name of the person who had been returned in the seat which is vacant, together with the name of the registered party on whose regional list his name is included.

(3) On receipt of a notice under paragraph (1) above, the regional returning officer shall ascertain the name of the person, if any, who is to fill the vacancy in accordance with section 10 of the 1998 Act as modified by article 88 below.

Modification of section 10 of the 1998 Act

88.  Section 10 of the 1998 Act shall be modified by substituting, for subsections (4) and (5) of that section, the following–

“(4) The regional returning officer shall ascertain from that party’s regional list the name and address of the person whose name appears highest on that list (“the first choice”) and shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will–

(a) state in writing that he is willing and able to serve as a regional member for that region; and

(b) deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted that regional list stating that he may be returned as a regional member from that list.

(4A) Where–

(a) within such period as the regional returning officer considers reasonable–

(i) he decides that the steps he has taken to contact the first choice have been unsuccessful; or

(ii) he has not received from that person the statement and certificate referred to in subsection (4) above; or

(b) that person has–

(i) stated in writing that he is not willing to serve as a regional member for that region; or

(ii) failed to deliver the certificate referred to in subsection (4)(b) above,

the regional returning officer shall repeat the procedure required by subsection (4) above in respect of the person (if any) whose name and address appears next in that list (“the second choice”) or, where sub-paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name and address appear next highest after the second choice in that list and the regional returning officer shall continue to repeat the procedure until the regional returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or the names in the list are exhausted.

(5) Where a person whose name appears on that list provides the statement and certificate referred to in subsection (4) above, the regional returning officer shall notify to the Presiding Officer the name of that person.

(5A) Where–

(a) under subsection (4A) above, the regional returning officer has asked a second or other subsequent choice the questions referred to in subsection (4) above; and

(b) the person who was asked those questions on an earlier occasion then provides the statement and certificate referred to in that subsection,

that statement and certificate shall have no effect unless and until the circumstances described in sub-paragraph (a) or (b) of subsection (4A) apply in respect of the second or other subsequent choice.”.

Dissolution of Parliament: minimum period

89.  The “minimum period” for the purpose of section 2(3) of the 1998 Act (ordinary general elections) is a period of 25 days, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules.

Advertisements

90.  The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984(11) shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to a Scottish parliamentary election as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Forms: variations

91.  The forms set out in the Appendix to this Order may be used with such variations as the circumstances may require.

Sending of applications, notices etc.

92.—(1) Any application, notice, claim or objection which is required by this Order to be made to a registration officer or a returning officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

(2) Where a registration officer or returning officer is required by this Order to notify any person, such notification shall be in writing and may be sent by post–

(a) in the case of a person other than a service voter, to the address provided by that person for the purpose of such notification or of any record or, if there is no such address, to the last known place of abode of that person;

(b) in the case of a service voter, to any address provided by him for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate government department (as defined by section 59(3) of the 1983 Act) or, as the case may be, the British Council.

Publication of documents

93.—(1) Any failure to publish a document in accordance with this Order shall not invalidate the document, but this provision shall not relieve a registration officer from any penalty for such a failure.

(2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

Interference with notices etc.

94.  If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes

95.  In relation to premises in Scotland, section 65(6) of the Local Government Finance Act 1988(12) (occupation for election meetings and polls) shall have effect as if–

(a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result at a Scottish parliamentary election; and

(b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a constituency returning officer in taking a poll at a Scottish parliamentary election in accordance with Schedule 2.

Effect of demise of the Crown

96.  A proclamation dissolving the Parliament as mentioned in section 2(5) of the 1998 Act shall not be affected by the demise of the Crown.

Supplementary, incidental and consequential provisions

97.  The enactments mentioned in Schedule 8 are modified to the extent specified in that Schedule.

Donald C. Dewar

Secretary of State for Scotland

St Andrew’s House,

Edinburgh

10th March 1999

Article 3(2)

SCHEDULE 1 ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

1. 1. Free copies of electors lists.

2. 2. Free copies of register etc.

3. 3. Sales of lists and register.

4. 4. Supply of data.

5. 5. Supply of labels.

6. 6. Alterations to published register.

7. 7. Interpretation.

Free copies of electors lists

1.—(1) The registration officer shall, on request, supply free of charge four copies of so much of the electors lists as relate to a constituency, so long as those lists are kept published, to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature for return as a constituency member for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied).

(2) The registration officer shall in accordance with sub-paragraphs (3) to (5) below on request supply free of charge four copies of so much of the electors lists as relate to a region, so long as those lists are kept published.

(3) Subject to sub-paragraphs (4) and (5) below, the registration officer shall supply such copies to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature–

(a) as an individual candidate for return as a regional member for that region; or

(b) as a candidate to be included on a registered party’s regional list submitted for that region.

(4) With reference to the right conferred on a person by sub-paragraph (3)(a) above, not more than one person in respect of the same prospective candidature shall be so supplied.

(5) With reference to the right conferred on a person by sub-paragraph (3)(b) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

Free copies of register etc.

2.—(1) The registration officer shall, on request, supply free of charge–

(a) one copy of so much of the register as relates to a constituency to the constituency member of the Scottish Parliament for that constituency; and

(b) one copy of so much of the register as relates to a region to a regional member of the Scottish Parliament for that region.

(2) The registration officer shall, on request, supply free of charge–

(a) four copies of so much of the register (which may be printed on one side only) as relates to a constituency to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature for return as a constituency member for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied); and

(b) two copies of so much of the register (which may be printed on one side only) as relates to a constituency to each candidate for return as a constituency member for that constituency or his election agent.

(3) The registration officer shall, on request, supply free of charge–

(a) four copies of so much of the register (which may be printed on one side only) as relates to a region to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature–

(i) as an individual candidate for return as a regional member for that region; or

(ii) as a candidate to be included on a registered party’s regional list submitted for that region; and

(b) two copies of so much of the register (which may be printed on one side only) as relates to a region to each–

(i) individual candidate for return as a regional member for that region (or his election agent); and

(ii) the election agent for a registered party submitting a regional list for that region.

(4) With reference to the right conferred on a person by sub-paragraph (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied.

(5) With reference to the right conferred on a person by sub-paragraph (3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

(6) The registration officer shall supply free of charge–

(a) one copy of so much of the register as relates to a constituency to the constituency returning officer for that constituency; and

(b) one copy of so much of the register as relates to a region to the regional returning officer for that region.

Sales of lists and register

3.—(1) The functions imposed on a registration officer by paragraph 1 above are to be treated as part of the registration duties of a registration officer for the purposes of regulation 52(1) of the 1986 Regulations.

(2) Regulation 52(1) of the 1986 Regulations shall also have effect as if it required, subject to the provisions of that regulation and sub-paragraph (1) above, the registration officer to supply to any person copies of any part or parts of the electors lists on payment, in the case of a person who–

(a) has been supplied under paragraph 1 above with copies of any part of the electors lists; or

(b) is a constituency returning officer or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy.

(3) Regulation 52(3) of the 1986 Regulations shall have effect as if–

(a) “any election” included a reference to a Scottish parliamentary election; and

(b) “regulation 51 above”(where it first appears) included a reference to paragraph 2 above.

(4) Regulation 52(3) of the 1986 Regulations, subject to the provisions of that regulation and sub-paragraph (3) above, shall also have effect as if it required the registration officer to supply to any person copies of any part or parts of the register on payment, in the case of a person who–

(a) has been supplied under paragraph 2 above with a copy of any part of the register; or

(b) is a constituency returning officer or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy.

Supply of data

4.—(1) This paragraph applies only to a registration officer who is a data controller.

(2) In this paragraph–

“data to which this paragraph applies” means data consisting of the names of those persons included in the register, together with any data, other than data to which sub-paragraph (3) below applies, consisting of information relating to them including–

(i)

their electoral numbers;

(ii)

except where the address is excluded from the register under regulation 47(2) of the 1986 Regulations, their addresses; and

(iii)

any distinguishing letter, and

“processed” is to be interpreted in accordance with the definition of “processing” in section 2(2) of the Data Protection Act 1998(13).

(3) The registration officer shall not supply data under this paragraph which consists of information (including addresses) which is not required to be published in the register in accordance with those provisions of the 1983 Act and the 1986 Regulations which relate to the registration of electors (but this restriction shall not apply to the supply of data to a constituency returning officer or a regional returning officer).

(4) Any obligation on the registration officer to supply data under this paragraph imposes only an obligation to supply such data recorded in the form in which it is processed.

(5) An application under this paragraph may request the registration officer to supply data to which this paragraph applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such data and, if the registration officer supplies or is required to supply data under this paragraph, he shall comply with such a request where it is practicable to do so.

(6) The registration officer shall, on payment of a fee determined in accordance with sub-paragraph (9) below, supply to a person, who is entitled to a free copy of the whole or part of the register under paragraph 2 (1) or (6) above, so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

(7) The registration officer shall on payment of a fee determined in accordance with sub-paragraph (9) below supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) above, so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

(8) But–

(a) where the entitlement derives by virtue of paragraph 2(2)(a) or (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied; or

(b) where the entitlement derives by virtue of paragraph 2(3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

(9) The fee for a person supplied with data under sub-paragraph (6) or (7) above shall be at the rate of £1.80 for each thousand (or remaining part of one thousand) names in the data supplied.

(10) The registration officer may, on payment of a fee at the rate of £18 for each thousand (or remaining part of one thousand) names in the data supplied, supply data to which this paragraph applies to a person other than a person to whom sub-paragraphs (6) and (7) above apply.

Supply of labels

5.—(1) This paragraph applies only to a registration officer who is a data controller.

(2) In this paragraph, “relevant information” means the name and address of any elector whose name and address appear on the register, and such other information as appears on the register as the registration officer thinks fit, but not information constituting data to which paragraph 4(3) above applies.

(3) An application under this paragraph may request the registration officer to supply labels containing relevant information extracted from data to which paragraph 4 above applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such labels and, if the registration officer supplies labels under this paragraph, he shall comply with such a request.

(4) The registration officer may on application to him and on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied, supply to a person, who is entitled to a free copy of the whole or part of the register under paragraph 2(1) or (6) above, labels containing relevant information extracted from so much of the data to which paragraph 4 above applies as relates to the part or parts of the register to which such a person is so entitled.

(5) The registration officer may on application to him and on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied, supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) above, labels containing relevant information extracted from so much of the data to which paragraph 4 above applies as relates to the part or parts of the register to which such a person is so entitled.

(6) But–

(a) where the entitlement derives by virtue of paragraph 2(2)(a) or (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied; or

(b) where the entitlement derives by virtue of paragraph 2(3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that regional list.

(7) The registration officer may, on application to him and on payment of a fee at the rate of £25 for each thousand (or remaining part of one thousand) labels supplied, supply labels containing relevant information extracted from data to which paragraph 4 above applies to a person other than a person to whom sub-paragraphs (4) and (5) above apply.

Alterations to published register

6.—(1) Where a registration officer publishes a notice under regulation 56(4)(b) of the 1986 Regulations stating that a new name has been added to the list of claims for inclusion in the register, regulation 56(7) of those regulations, shall have effect as if it additionally requires the registration officer, as soon as practicable after publication of that notice, to supply free of charge to each person to whom he has supplied a copy of so much of the register as relates to a constituency or region under paragraph 2(2)(a) or, as the case may be, (3)(a), a copy of so much of the list of claims kept under regulation 56(4) of those regulations as relates to–

(a) claims to which that notice applies; and

(b) that constituency, or, as the case may be, region.

(2) Where a registration officer makes an alteration in a register pursuant to section 11(1) or (2) of the 1983 Act, regulation 60 of the 1986 Regulations, shall have effect as if it requires the registration officer to supply free of charge a copy of the alteration to each person to whom he has supplied a copy of the part of the register under paragraph 2 above, or by virtue of paragraph 3(4) above, to which the alteration relates.

Interpretation

7.  In this Schedule–

“data” has the same meaning as in section 1(1) of the Data Protection Act 1998; and

“data controller” is to be interpreted in accordance with section 1(1) and (4) of that Act.

Article 6

SCHEDULE 2 SCOTTISH PARLIAMENTARY ELECTION RULES

1. PART I PROVISIONS AS TO TIME

   1. 1. Timetable.

   2. 2. Computation of time.

2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

   1. Notice of election

      1. 3. Notice of election.

   2. Nomination

      1. 4. Nomination of candidate for return as a constituency member.

      2. 5. Nomination of individual candidate for return as a regional member.

      3. 6. Nomination of candidates on a regional list.

      4. 7. Constituency nomination papers: name of registered party.

      5. 8. Nomination papers and regional lists: miscellaneous.

      6. 9. Consent to nomination.

      7. 10. Deposit.

      8. 11. Place for delivery of constituency nomination papers.

      9. 12. Place for delivery of individual nomination papers and regional lists.

      10. 13. Right to attend nomination.

      11. 14. Decisions as to validity of constituency nomination papers.

      12. 15. Decisions as to validity of individual nomination papers.

      13. 16. Decisions as to validity of regional lists and as to the validity of nominations included on such a list.

      14. 17. Withdrawal of candidates.

      15. 18. Publication of statement of persons nominated as candidates for return as a constituency member.

      16. 19. Publication of statement of persons and parties nominated for return as regional members.

      17. 20. Disqualification by Representation of the People Act 1981: candidates for return as constituency members.

      18. 21. Disqualification by Representation of the People Act 1981: candidates for return as regional members.

      19. 22. Adjournment of nomination proceedings in the case of riot.

      20. 23. Method of election: candidates for return as constituency members.

      21. 24. Method of election: candidates for return as regional members.

3. PART III CONTESTED ELECTIONS

   1. General Provisions

      1. 25. Poll to be taken by ballot.

      2. 26. The ballot paper: constituency candidates.

      3. 27. The ballot paper: regional candidates.

      4. 28. Colour of ballot papers.

      5. 29. The official mark.

      6. 30. Prohibition of disclosure of vote.

      7. 31. Use of schools and public rooms.

   2. Action to be taken before the poll

      1. 32. Notice of poll.

      2. 33. Postal ballot papers.

      3. 34. Provision of polling stations.

      4. 35. Appointment of presiding officers and clerks.

      5. 36. Issue of official poll cards.

      6. 37. Equipment of polling stations.

      7. 38. Appointment of polling and counting agents.

      8. 39. Notification of requirement of secrecy.

   3. The poll

      1. 40. Admission to polling station.

      2. 41. Keeping of order in station.

      3. 42. Sealing of ballot boxes.

      4. 43. Questions to be put to voters.

      5. 44. Challenge of voter.

      6. 45. Voting procedure.

      7. 46. Votes marked by presiding officer.

      8. 47. Voting by blind persons.

      9. 48. Tendered ballot papers.

      10. 49. Spoilt ballot papers.

      11. 50. Adjournment of poll in case of riot.

      12. 51. Procedure on close of poll.

   4. Counting of votes

      1. 52. Attendance at counting of votes.

      2. 53. The count.

      3. 54. Recount: constituency election.

      4. 55. Recount: regional votes in a constituency.

      5. 56. Rejected ballot papers.

      6. 57. Decisions on ballot papers.

      7. 58. Equality of votes: election for return of constituency members.

      8. 59. Conveying results of count etc. to regional returning officer.

      9. 60. Declaration of result: constituency members.

4. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

   1. 61. Attendance at allocation of seats for regional members.

   2. 62. Allocation of seats.

   3. 63. Equality of votes at poll for return of regional members.

   4. 64. Declaration of results: regional members.

   5. 65. Return or forfeiture of deposit.

5. PART V DISPOSAL OF DOCUMENTS

   1. 66. Sealing up of ballot papers.

   2. 67. Delivery of documents to the sheriff clerk.

   3. 68. Orders for production of documents.

   4. 69. Retention and public inspection of documents.

6. PART VI DEATH OF CANDIDATE

   1. 70. Countermand or abandonment of poll etc. on death of candidate.

7. PART VII MISCELLANEOUS

   1. 71. Return of members and record of returns etc.

PART I Provisions as to time

Timetable

1.—(1) The proceedings at a Scottish Parliamentary election shall be conducted in accordance with the following Table–

Proceeding	Time
Publication of notice of election.	Not earlier than the twenty-eighth day before the date of the poll and not later than the twenty-first day before the date of the poll.
Delivery of nomination papers.	Not later than 4pm on any day after the date of the publication of the notice of election but not later than the sixteenth day before the date of the poll.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but– (a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and (b) the foregoing provisions do not apply to objections made in pursuance of rules 20 or 21 below.
Delivery of notices of withdrawals of candidature.	Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated.	At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling.	Between the hours of 7am and 10pm on the date of the poll.

(2) In the Table in paragraph (1) above the reference to “nomination papers” includes constituency nomination papers, individual nomination papers and regional lists.

Computation of time

2.  In computing any period of time for the purposes of the Table in rule 1(1) above–

(a) a Saturday or Sunday;

(b) Christmas Eve, Christmas Day, Good Friday or Easter Monday;

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971; or

(d) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a constituency returning officer be obliged to proceed with the counting of votes on such a day.

PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election

3.—(1) The constituency returning officer shall publish notice of the election stating–

(a) the place and times at which constituency nomination papers are to be delivered;

(b) that forms of such nomination papers may be obtained at that place and at those times; and

(c) the date of the poll in the event of a contest.

(2) The regional returning officer shall publish a notice of election stating–

(a) the place or places and times at which individual nomination papers and regional lists are to be delivered;

(b) that forms of such papers and lists may be obtained at that place or those places and at those times; and

(c) the date of the poll in the event of a contest.

(3) A notice of election under paragraph (1) or (2) above shall state the dates by which–

(a) applications to vote by post or by proxy; and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination

Nomination of candidate for return as a constituency member

4.—(1) Each candidate for return as a constituency member shall be nominated by a separate nomination paper (referred to in these rules as a “constituency nomination paper”), in the form J set out in the Appendix, delivered to the constituency returning officer at the place fixed for the purpose.

(2) The constituency nomination paper shall be signed by the candidate and by a witness to the candidate’s signature.

(3) The constituency nomination paper shall state the candidate's–

(a) full names;

(b) home address in full; and

(c) if desired, description,

and the surname shall be placed first in the list of his names.

(4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him.

(5) The constituency nomination paper shall also state the full name and address of the witness to the candidate’s signature.

Nomination of individual candidate for return as a regional member

5.—(1) Each individual candidate for return as a regional member shall be nominated by a separate nomination paper (referred to in these rules as an “individual nomination paper”), in the form K set out in the Appendix, delivered to the regional returning officer at the place or a place fixed for the purpose.

(2) The individual nomination paper shall be signed by the candidate and by a witness to the candidate’s signature.

(3) The individual nomination paper shall state the candidate's–

(a) full names;

(b) home address in full; and

(c) if desired, description,

and the surname shall be placed first in the list of his names.

(4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him. An individual nomination paper may not include a description of an individual candidate which is likely to lead voters to associate the candidate with a registered political party.

(5) The individual nomination paper shall also state the full name and address of the witness to the candidate’s signature.

Nomination of candidates on a regional list

6.—(1) A registered party’s regional list of candidates to be regional members for a particular region shall be in the form L set out in the Appendix and that party shall be nominated by the submission of that list by the party’s nominating officer or a person authorised in writing by him to the regional returning officer at the place or a place fixed for the purpose.

(2) Each regional list shall include the name by which the party wishes to be known for the purposes of that election. That name need not be the party’s registered name but must not be such as would be likely to lead voters to associate that party with another registered party.

(3) That name shall not exceed 6 words in length.

(4) Each regional list shall set out the full names and home addresses in full of each candidate included in that list and shall be accompanied by a statement of the names by which each such candidate is to be described in the regional ballot paper.

(5) Each regional list shall include a statement that it is issued by the nominating officer of the registered party in question or by a person authorised in writing by him.

(6) Each regional list may be accompanied by a request made by or on behalf of the nominating officer of the party in question that the regional ballot paper shall contain against the party’s name the party’s registered emblem (or, as the case may be one of the party’s registered emblems).

(7) In the application of this rule and rule 7 below, in relation to an election, “registered party” means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published.

Constituency nomination papers: name of registered party

7.—(1) A constituency nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered party unless the description is authorised by a certificate in the form M set out in the Appendix–

(a) issued by or on behalf of the nominating officer of the party; and

(b) received by the constituency returning officer at some time during the period for the delivery of nomination papers set out in the Table in rule 1(1) above.

(2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) above on behalf of a registered party’s nominating officer.

Nomination papers and regional lists: miscellaneous

8.—(1) The constituency returning officer–

(a) shall supply any person with a form of constituency nomination paper at the place or a place, and during the time, for delivery of nomination papers; and

(b) shall at any person’s request prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the constituency returning officer.

(2) The regional returning officer–

(a) shall supply any person with a form of individual nomination paper at the place and during the time for delivery of nomination papers; and

(b) shall at any person’s request, prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the regional returning officer.

(3) The regional returning officer shall, on request, supply any person with a form of regional list; but it is not necessary for a regional list to be submitted in the form supplied by the regional returning officer.

Consent to nomination

9.—(1) Subject to paragraph (3) below a person shall not be validly nominated as a candidate for return as a constituency member unless his consent to nomination–

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of constituency nomination papers;

(b) is attested by one witness; and

(c) is delivered at the place, and within the time, for the delivery of constituency nomination papers.

(2) Subject to paragraph (3)below, a person shall not be validly nominated as an individual candidate for return as a regional member or as a candidate on a registered party’s regional list unless his consent to nomination–

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual nomination papers and regional lists;

(b) is attested by one witness; and

(c) is delivered at the place or a place, and within the time, for the delivery of individual nomination papers and regional lists.

(3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

(4) A candidate’s consent given under this rule–

(a) shall state the day, month and year of his birth; and

(b) shall state–

(i) that he is aware of the provisions of sections 15 to 18 of the 1998 Act and of any Order in Council made under section 15 of that Act;

(ii) that to the best of his knowledge and belief he is not disqualified for membership of the Scottish Parliament;

(iii) in the case of a candidate for return as a constituency member, that he is aware of the provisions of section 5(2) and 9(6) of the 1998 Act and that, to the best of his knowledge and belief, he may stand as a candidate to be a member for that constituency;

(iv) in the case of a candidate on a registered party’s regional list, that he is aware of the provisions of section 5(7) of the 1998 Act and that, to the best of his knowledge and belief, he may be included in that list;

(v) in the case of an individual candidate for return as a regional member, that he is aware of the terms of section 5(8) of the 1998 Act and, to the best of his knowledge and belief, he may stand as an individual candidate to be a regional member for that region.

Deposit

10.—(1) A person shall not be validly nominated as a candidate for return as a constituency member unless the sum of £500 is deposited by him, or on his behalf, with the constituency returning officer at the place and during the time for delivery of nomination papers.

(2) An individual candidate for return as a regional member shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, with the regional returning officer at the place or a place, and during the time, for delivery of individual nomination papers.

(3) A registered party shall not be validly nominated in relation to a regional list of that party for a particular region unless the sum of £500 is deposited by or on behalf of the party’s nominating officer with the regional returning officer at the place or a place, and during the time, for delivery of regional lists.

(4) The deposit may be made either–

(a) by the deposit of any legal tender;

(b) by means of a banker’s draft; or

(c) with the appropriate returning officer’s consent, in any other manner,

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(5) Where the deposit is made on behalf of a candidate for return as a constituency member or an individual candidate for return as a regional member, the person making the deposit shall at the time he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 30 or rules 4 or 5 above.

(6) Where the deposit is made on behalf of a party’s nominating officer the person making the deposit shall at the time he makes it give his name and address to the regional returning officer unless that information has previously been given to him under article 30 or rule 6 above.

Place for delivery of constituency nomination papers

11.—(1) The constituency returning officer shall fix the place at which constituency nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for making of objections to them.

(2) The place shall be in–

(a) the constituency; or

(b) the local government area or (if more than one) any of the local government areas in which the constituency is situated; or

(c) any local government area adjoining the local government area or areas (as the case may be) in which the constituency is situated.

Place for delivery of individual nomination papers and regional lists

12.—(1) The regional returning officer shall fix the places or places at which individual nomination papers and regional lists are to be delivered to him, and he shall attend there during the time for their delivery and for making objections to them.

(2) The place or places shall be in the region.

Right to attend nomination

13.—(1) Except for the purpose of delivering a constituency nomination paper or of assisting the constituency returning officer no person is entitled to attend the proceedings during the time for delivery of constituency nomination papers or for making objections to them unless he is–

(a) a person standing nominated as a candidate for return as a constituency member;

(b) the election agent of such a person; or

(c) a person who has issued a certificate under rule 7(1) above in relation to such a candidate,

but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.

(2) The right to attend conferred by paragraph (1) above includes the right to inspect and to object to the validity of any constituency nomination paper.

(3) Except for the purpose of delivering an individual nomination paper or regional list or of assisting the regional returning officer no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or regional lists or for making objections to them unless he is–

(a) a person standing nominated as an individual candidate for return as a regional member;

(b) the election agent of such a person;

(c) a candidate included on a party’s regional list; or

(d) the election agent or nominating officer of a party which has submitted a regional list

but where an individual candidate acts as his own election agent, or a candidate on a party’s regional list acts as election agent of that party in relation to that list, he may name one other person who shall be entitled to attend in place of the election agent for that individual candidate or, as the case may be, party.

(4) The right conferred by paragraph (3) above includes the right to inspect and to object to the validity of any individual nomination paper or any regional list (including the nomination of any candidate on such a list).

Decisions as to validity of constituency nomination papers

14.—(1) Where a constituency nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until–

(a) the constituency returning officer decides that the constituency nomination paper is invalid;

(b) proof is given to the constituency returning officer’s satisfaction of the candidate’s death; or

(c) the candidate withdraws.

(2) The constituency returning officer is entitled to hold a constituency nomination paper invalid only on one of the following grounds:–

(a) that the particulars of the candidate or the witness signing the paper are not as required by law;

(b) that the paper is not witnessed as so required;

(c) that the candidate is disqualified by virtue of the Representation of the People Act 1981(14).

(3) Subject to paragraph (4) below the constituency returning officer shall give his decision on any objection to a constituency nomination paper as soon as practicable after it is made.

(4) If in the constituency returning officer’s opinion a constituency nomination paper breaches rule 7 above, he shall give a decision to that effect as soon as practicable after the close of the period for delivery of constituency nomination papers set out in the Table in rule 1(1) above.

(5) Where the constituency returning officer decides that a constituency nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(6) The constituency returning officer’s decision that a constituency nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of individual nomination papers

15.—(1) Where an individual nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until–

(a) the regional returning officer decides that the individual nomination paper is invalid;

(b) proof is given to the regional returning officer’s satisfaction of the candidate’s death; or

(c) the candidate withdraws.

(2) The regional returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds:–

(a) that the particulars of the candidate or the witness signing the paper are not as required by law;

(b) that the paper is not witnessed as so required;

(c) that the candidate is disqualified by virtue of the Representation of the People Act 1981.

(3) The regional returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.

(4) Where a regional returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(5) The regional returning officer’s decision that an individual nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(6) Subject to paragraph (5) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of regional lists and as to the validity of nominations included on such a list

16.—(1) Where a registered party’s regional list and the consent of each candidate included in that list are delivered and a deposit is made in accordance with these Rules, the party and (subject to paragraph (3) and (4) below) each candidate on its list shall be deemed to stand nominated unless and until the regional returning officer decides that the regional list is invalid.

(2) The regional returning officer is entitled to hold a regional list invalid only on one of the following grounds:–

(a) that the name stated under paragraph (2) of rule 6 above breaches that rule;

(b) that the number of candidates on the list is greater than 12;

(c) that the list does not contain the statement referred to in rule 6(5) above.

(3) Where, in respect of a candidate included in a registered party’s regional list–

(a) proof is given to the regional returning officer’s satisfaction of his death; or

(b) he withdraws or his candidature is withdrawn in accordance with rule 17 below,

the regional returning officer shall delete the name and address of that candidate from the list.

(4) Where, in respect of a candidate included on a registered party’s regional list–

(a) his particulars in that list are not as required by law;

(b) he is disqualified by virtue of the Representation of the People Act 1981; or

(c) the consent to nomination of that candidate is not delivered in accordance with these Rules,

the regional returning officer shall delete the name and address of that candidate from the list.

(5) The regional returning officer shall give his decision on any objection in respect of a regional list as soon as practicable after it is made.

(6) Where the regional returning officer decides that–

(a) a regional list is invalid; or

(b) the name and address of a candidate shall be deleted from a regional list,

he shall endorse and sign on the list that fact and the reasons for his decision.

(7) The regional returning officer’s decision that–

(a) a regional list is valid; or

(b) the name and address of a candidate should not be removed from a party list,

shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7) above, nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates

17.—(1) A candidate for return as a constituency member may withdraw his candidature by notice of withdrawal–

(a) signed by him and attested by one witness; and

(b) delivered to the constituency returning officer at the place for delivery of constituency nomination papers.

(2) A candidate for return as a regional member may withdraw his candidature by notice of withdrawal–

(a) signed by him and attested by one witness; and

(b) delivered to the regional returning officer at the place or a place for delivery of individual nomination papers and regional lists.

(3) A registered political party may withdraw the candidature of any or all of the candidates included in a regional list of that party by notice of withdrawal–

(a) signed by the party’s nominating officer and attested by one witness; and

(b) delivered to the regional returning officer at the place or places for the delivery of regional lists.

(4) Where a candidate in a regional list has been withdrawn in accordance with this rule the regional returning officer shall delete the name and address of that candidate from the list.

Publication of statement of persons nominated as candidates for return as a constituency member

18.—(1) The constituency returning officer shall prepare and publish a statement showing the persons who have been and stand nominated as candidates for return as a constituency member and any other persons who have been nominated as such candidates, with the reason why they no longer stand nominated.

(2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their constituency nomination papers.

(3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.

(4) In the case of a person nominated by more than one constituency nomination paper, the constituency returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

Publication of statement of persons and parties nominated for return as regional members

19.—(1) The regional returning officer shall prepare and publish a statement showing–

(a) the persons who have been and stand nominated as individual candidates for return as a regional member;

(b) each registered party which has been and stands nominated together with that party’s regional list;

(c) any other persons or parties who have been nominated together with the reason why they no longer stand nominated.

(2) The statement shall show the registered parties which have been and stand nominated in alphabetical order with the name of the party as given in that list and the names and home addresses of the candidates who appear on the regional list of each party as given in that list and arranged in the order in which their names appear on that list.

(3) The statement shall also show the names, addresses and descriptions of the persons nominated as individual candidates as given in their individual nomination papers.

(4) The statement shall show the names, addresses and descriptions of the persons standing nominated as individual candidates after the names of the registered parties standing nominated and the names of those individual candidates shall be arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

(5) In the case of a person nominated by more than one individual nomination paper, the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the regional returning officer in default of the candidate) may select.

(6) In the case of a registered political party which has delivered more than one regional list for a particular region (and which stands nominated by more than one of those lists), the regional returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the lists as the nominating officer of that party (or the regional returning officer in default of that officer) may select; and if any candidate is shown standing nominated by a list not so selected but is not so shown in the selected list, he shall no longer stand nominated.

Disqualification by Representation of the People Act 1981: candidates for return as constituency members

20.—(1) If it appears to the constituency returning officer that any of the persons nominated as candidates for return as a constituency member might be disqualified by virtue of the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of constituency nomination papers prepare and publish a draft of the statement required by rule 18 above.

(2) The draft shall be headed “Draft statement of persons nominated for return as a constituency member” and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of constituency nomination papers.

Disqualification by Representation of the People Act 1981: candidates for return as regional members

21.—(1) If it appears to the regional returning officer that any of the persons nominated as candidates for return as a regional member might be disqualified by the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of individual nomination papers and regional lists prepare and publish a draft of the statement required by rule 19 above.

(2) The draft shall be headed “Draft statement of persons nominated for return as regional members” and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of individual nomination papers and regional lists.

Adjournment of nomination proceedings in the case of riot

22.—(1) Where the proceedings for, or in connection with, nomination are on any day interrupted or obstructed by riot or open violence–

(a) the proceedings shall be abandoned for that day; and

(b) if that day is the last day for the delivery of–

(i) constituency nomination papers; or

(ii) individual nomination papers and regional lists,

the proceedings shall be continued on the next day as if that were the last day for such delivery,

and that day shall be treated for the purposes of these Rules as being the last day for such delivery (subject to any further application of this paragraph in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this rule nothing–

(a) may be done after they are continued if the time for doing it had passed at the time of the abandonment;

(b) done before the abandonment shall be invalidated by reason of the abandonment.

Method of election: candidates for return as constituency members

23.—(1) If the statement required by rule 18 above shows more than one person standing nominated, a poll shall be taken in accordance with Part III of these Rules.

(2) If that statement shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of these Rules.

Method of election: candidates for return as regional members

24.—(1) Subject to paragraph (2)(b) below, if the statement of persons required by rule 19 above shows more candidates (whether on a registered party’s regional list or individual candidates) than the number of seats for that region a poll shall be taken in accordance with Part III.

(2) If that statement shows–

(a) a number of candidates (whether on a registered party’s regional list or individual candidates) which is the same as, or less than, the number of seats for that region; or

(b) all of the candidates shown on that statement are on the regional list of the same registered party,

the regional returning officer shall, following receipt of the notification under rule 60(3) below, allocate the seats in accordance with sections 7 and 8 of the 1998 Act.

PART III CONTESTED ELECTIONS

General Provisions

Poll to be taken by ballot

25.—(1) The votes at the poll for the return of a constituency member shall be given by ballot and the result shall be ascertained by counting the votes given to each candidate, and the candidate to whom the majority of votes has been given shall be declared to have been elected.

(2) The regional votes at a poll for the return of regional members shall be given by ballot, and the regional figure for each individual candidate and each registered party shall be ascertained by counting the regional votes given to each individual candidate and each registered party.

The ballot paper: constituency candidates

26.—(1) The ballot of every voter at a poll for the return of a constituency member shall consist of a ballot paper (referred to in these Rules as a “constituency ballot paper”).

(2) The persons shown in the statement required by rule 18 above and no others, shall be entitled to have their names inserted in the constituency ballot paper.

(3) Every constituency ballot paper shall be in the form N set out in the Appendix, and shall be printed in accordance with the directions in that form, and–

(a) shall contain the names and other particulars of the candidates as shown in the statement required by rule 18 above;

(b) shall be capable of being folded up;

(c) shall have a number printed on the back; and

(d) shall have attached a counterfoil with the same number printed on it.

(4) The order of the names in the constituency ballot paper shall be the same as in the statement required by rule 18 above.

(5) If a candidate who is the subject of a certificate under rule 7(1) above so requests, the ballot paper shall also contain, to the left of that candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(6) The request must–

(a) be made in writing to the constituency returning officer; and

(b) be received by him during the period for delivery of nomination papers set out in the Table in rule 1(1) above.

The ballot paper: regional candidates

27.—(1) The ballot of every voter at a poll for the return of regional members shall consist of a ballot paper (referred to in these Rules as a “regional ballot paper”).

(2) The only names, to be inserted in the regional ballot paper shall be the names of–

(a) the individual candidates shown in the statement required by rule 19 above; and

(b) the registered parties shown in that statement together with the names of the candidates included in each party’s regional list as indicated in the statement made under rule 6(4) above.

(3) Every regional ballot paper shall be in the form O set out in the Appendix, and shall be printed in accordance with the directions in that form, and shall contain–

(a) the names and descriptions of the individual candidates as shown in the statement required by rule 19 above; and

(b) the names of the registered political parties referred to in paragraph (2)(b) above (being, in each case, the name by which that party wishes to be known for the purposes of the election) as shown in the statement required by rule 19 above together with the names of the candidates included in each party’s regional list.

(4) The order of the names of the registered parties, together with the candidates appearing on their regional lists, and of the individual candidates in the regional ballot paper shall be the same as in the statement required by rule 19 above.

(5) If a request has been made to the regional returning officer under rule 6(6) above that a registered party’s registered emblem (or, as the case may be, one of the party’s registered emblems) be shown on the ballot paper against that party’s name, the ballot paper shall also contain, to the left of the party’s name, that emblem.

Colour of ballot papers

28.  The regional ballot paper shall be a different colour from the constituency ballot paper.

The official mark

29.—(1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

(2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene before the same official mark may be used at a poll for a Scottish parliamentary election held in that constituency.

(3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote

30.  No person who has voted at a Scottish parliamentary election shall, in any legal proceeding to question the election or return, be required to state the candidate for whom, or the registered party for which, he voted.

Use of schools and public rooms

31.—(1) At a Scottish parliamentary election the constituency returning officer may use, free of charge, for the purpose of taking the poll–

(a) a room in a school to which this rule applies;

(b) a room the expenses of maintaining which is payable out of any rate.

(2) This rule applies to a school other than a independent school within the meaning of the Education (Scotland) Act 1980.

(3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by, the persons having control over any such room as mentioned above by reason of its being used for the purpose of taking the poll.

Action to be taken before the poll

Notice of poll

32.—(1) The statement required by rule 18 above and the statement required by rule 19 above shall each include a notice of the poll, stating the day on which and the hours during which the poll will be taken and, in the case of a Scottish parliamentary general election, each such notice may contain such further information about that election as the returning officer who publishes that notice thinks fit.

(2) The constituency returning officer shall also give public notice (which may be combined with the statement required by rule 18 above) of–

(a) the situation of each polling station;

(b) the description of voters entitled to vote there,

and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.

Postal ballot papers

33.—(1) Subject to sub-paragraph (2), the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or, in the case of a person entitled to vote by post as proxy, at the address shown in the list kept under article 11(9), a ballot paper and a declaration of identity in the form P set out in the Appendix together with an envelope for their return.

(2) In the case of a person who is entitled to give by post a vote for return of a constituency member and a regional vote, the reference in paragraph (1) above to “a ballot paper” shall be construed as a reference to a constituency ballot paper and a regional ballot paper.

Provision of polling stations

34.—(1) The constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this paragraph, shall allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any polling district shall be in the polling place for that district.

(4) The constituency returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

35.—(1) The constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary, but he shall not appoint any person who has been employed by or on behalf of a candidate or a registered party in or about the election.

(2) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

36.—(1) The constituency returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person–

(i) as an elector if he is placed on the absent voters list for the election; or

(ii) as a proxy if he is entitled to vote by post as proxy at the election.

(2) An elector’s official poll card shall be sent or be delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card shall be in the form Q or, in the case of a proxy’s poll card, R set out in the Appendix and shall set out–

(a) the name of the Scottish parliamentary constituency and (except in the case of an election to fill a vacancy in the seat of a constituency member) region for which the election is to be held;

(b) the elector’s name, qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the elector’s polling station; and

(d) such other information, not relating to any candidate or registered party, as the constituency returning officer considers appropriate.

(4) In this paragraph–

“elector” means a person–

(a)

who is registered as a local government elector in the register to be used at the election; or

(b)

who, pending the publication of a register mentioned in sub-paragraph (a) above, appears from the electors lists for that register as corrected by the registration officer to be entitled to be so registered,

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

Equipment of polling stations

37.—(1) The constituency returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the constituency returning officer’s opinion may be necessary. At a Scottish parliamentary general election, separate ballot boxes will be provided for the constituency ballot papers and for the regional ballot papers.

(2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

(3) The constituency returning officer shall provide each polling station with–

(a) materials to enable voters to mark the ballot papers;

(b) instruments for stamping on them the official mark;

(c) copies of the register of electors or such part of it as contains the names of electors allotted to the station;

(d) the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under sub-paragraph (c) above.

(4) A notice in the form S set out in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

(5) At a Scottish parliamentary general election, a notice in the form T set out in the Appendix, giving further information to voters shall be printed and exhibited either inside or outside every polling station and may be exhibited both inside and outside any polling station.

(6) In every compartment of every polling station there shall be exhibited the notice–

• “Vote once only on each ballot paper by marking a X. Put no other mark on each ballot paper issued or your vote may not be counted.”

(7) In the case of a poll to fill a vacancy in the seat of a constituency member, the references in paragraph (6) above and in form S to “each ballot paper” shall be construed as references to “the ballot paper”.

(8) The statements required by rules 18 and (except in the case of a poll to fill a vacancy in the seat of a constituency member) 19 above shall be printed in conspicuous characters and exhibited inside or outside every polling station and may be exhibited both inside and outside any polling station.

Appointment of polling and counting agents

38.—(1) Each candidate for return as a constituency member, each individual candidate for return as a regional member, and the election agent of each registered party standing nominated may before the commencement of the poll, appoint–

(a) polling agents to attend at polling stations for the purpose of detecting personation; and

(b) counting agents to attend at the counting of the votes.

(2) The constituency returning officer may limit the number of counting agents for candidates for return as a constituency member, so that–

(a) the number shall be the same in the case of each candidate; and

(b) the number allowed for a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates for return as a constituency member.

(3) The constituency returning officer may limit the number of counting agents for individual candidates for return as regional members and for registered parties standing nominated, so that–

(a) the number shall be the same in the case of each individual candidate and registered party; and

(b) the number allowed to an individual candidate or registered party shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the total of the number of individual candidates and registered parties standing nominated.

(4) Notice in writing of an appointment, stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the fifth day (computed like any period of time in the Table in rule 1(1) above) before the day of the poll.

(5) If an agent dies, or becomes incapable of acting, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

(6) The foregoing provisions of this rule shall be without prejudice to the requirements of article 34 as to the appointment of paid polling agents, and any appointment authorised by this rule may be made and the notice of appointment given to the constituency returning officer by the election agent instead of by the candidate.

(7) In the following provisions of these Rules references to polling and counting agents shall be taken as references to agents–

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted number.

(8) Any notice required to be given to a counting agent by the constituency returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

(9) Any candidate (or, in the case of a registered party standing nominated, the election agent of that party) may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing such any such act or thing.

(10) An election agent for a candidate or registered party standing nominated may do or assist in doing anything which a polling or counting agent of that candidate or party is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

(11) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

39.  The constituency returning officer shall make such arrangements as he thinks fit to ensure that–

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 29; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of article 29.

The Poll

Admission to polling station

40.—(1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except–

(a) the candidates;

(b) the election agent of any candidate for return as a constituency member, or of any individual candidate for return as a regional member, or of any registered party standing nominated;

(c) the polling agents appointed to attend at the polling station;

(d) the clerks appointed to attend at the polling station;

(e) the constables on duty; and

(f) the companions of blind voters.

(2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate or of the same registered party.

(3) Not more than one candidate on a registered party’s regional list shall be admitted at the same time to a polling station.

(4) A constable or person employed by a constituency or regional returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Order, except on production and surrender of a certificate as to his employment, which shall be in the form U set out in the Appendix and signed by an officer of police of the rank of Inspector or above or by the returning officer in question, as the case may be.

(5) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station

41.—(1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station–

(a) by a constable in or near that station; or

(b) by any other person authorised in writing by the constituency returning officer to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

42.  Immediately before the commencement of the poll, the presiding officer shall–

(a) show each ballot box proposed to be used for the purposes of the poll empty to such persons, if any, as are present in the polling station, so that they may see that each box is empty;

(b) place his seal on it in such a manner as to prevent it being opened without breaking the seal;

(c) place each box in his view for the receipt of ballot papers; and

(d) keep it so sealed.

Questions to be put to voters

43.—(1) The presiding officer may, and if required by a candidate or the election or polling agent of a candidate or of a registered party standing nominated shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them:–

(a) in the case of a person applying as an elector–

(i) “Are you the person registered in the register of local government electors for this election as follows?” (read the whole entry from the register.);

(ii) “Have you already voted, here or elsewhere, at this election otherwise than as proxy for some other person?”;

(b) in the case of a person applying as proxy–

(i) “Are you the person whose name appears as [A.B.] in the list of proxies for this election as entitled to vote as proxy on behalf of [C.D.]?”

(ii) “Have you already voted here or elsewhere at this election as proxy on behalf of [C.D.]?”

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question–

• “Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of [C.D.]?”

and if that question is not answered in the affirmative, the following question–

• “Have you at this election already voted in this constituency on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”

(3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter

44.—(1) If at the time a person applies for a ballot paper at a Scottish parliamentary election for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or the election or polling agent of a candidate or of a registered party standing nominated–

(a) declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation; and

(b) undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

(2) A person against whom a declaration is made under this paragraph shall not by reason of it be prevented from voting.

(3) A person arrested under the provisions of this paragraph shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure

45.—(1) At a Scottish parliamentary general election, a voter may apply for a constituency ballot paper or a regional ballot paper or both. However at any such election, the presiding officer shall assume, in the absence of a clear indication to the contrary, that the voter’s application is for a constituency ballot paper and a regional ballot paper.

(2) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery–

(a) the ballot paper shall be stamped with the official mark;

(b) the number and name of the elector as stated in the copy of the register of electors shall be called out;

(c) the number of the elector shall be marked on the counterfoil;

(d) a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e) in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

(3) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box provided for that purpose in the presiding officer’s presence.

(4) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

(5) At a Scottish parliamentary general election the same copy of the register of electors may be used under paragraph (2) above for a constituency ballot paper and a regional ballot paper and one mark may be placed in that register under paragraph (2)(d) above or in the list of proxies under paragraph (2)(e) above to denote that each of the ballot papers has been received; and, where one mark is so placed in that register or, as the case may be, list, the mark shall, unless the contrary intention appears, be taken to denote that a constituency ballot paper and regional ballot paper have been received.

Votes marked by presiding officer

46.—(1) The presiding officer on the application of a voter–

(a) who is incapacitated by blindness or other physical cause from voting in a manner directed by these Rules; or

(b) who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in a manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this paragraph, and the reason why it is so marked, shall be entered on a list (in this Schedule called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(4) At a Scottish parliamentary general election, the same list of votes marked by the presiding officer may be used for votes marked on constituency ballot papers and votes marked on regional ballot papers and where it is so used, an entry in that list shall, unless the contrary intention appears, be taken to mean that each such ballot paper was so marked.

Voting by blind persons

47.—(1) If a voter makes an application to the presiding officer to be allowed on the ground of blindness to vote with the assistance of another person by whom he is accompanied (in this Schedule referred to as “the companion”), the presiding officer shall require the voter to declare orally whether he is so incapacitated by his blindness as to be unable to vote without assistance.

(2) If the presiding officer–

(a) is satisfied that the voter is so incapacitated; and

(b) is also satisfied by a written declaration made by the companion (in this Schedule referred to as “the declaration made by the companion of a blind voter”) that the companion–

(i) is a qualified person within the meaning of this paragraph; and

(ii) has not previously assisted more than one blind person to vote at the election,

the presiding officer shall grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) For the purposes of this paragraph, a person shall be qualified to assist a blind voter to vote, if that person is either–

(a) a person who is entitled to vote as an elector at the election; or

(b) the father, mother, brother, sister, husband, wife, son or daughter of the blind voter and has attained the age of 18 years.

(4) The name and number in the register of electors of every voter whose vote is given in accordance with this paragraph and the name and address of the companion shall be entered on a list (in this Schedule referred to as “the list of blind voters assisted by companions”).

(5) For the purposes of paragraph (4) above, in the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(6) The declaration made by the companion–

(a) shall be in the form V set out in the Appendix;

(b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(7) No fee or other payment shall be charged in respect of the declaration.

(8) At a Scottish parliamentary general election, the same list of blind voters assisted by companions may be used for votes marked on constituency ballot papers and votes marked on regional ballot papers and, where it is so used, an entry in that list shall unless the contrary intention appears be taken to mean that the votes of the elector in question were so given in relation to each such ballot paper.

Tendered ballot papers

48.—(1) If a person, representing himself to be–

(a) a particular elector named in the register and not named in the absent voters list; or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this paragraph, to mark a ballot paper (in this Schedule referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) A tendered ballot paper shall–

(a) be a colour different from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(3) In these Rules, a tendered ballot paper marked by a person applying for a constituency ballot paper is referred to as a “tendered constituency ballot paper” and a tendered ballot paper marked by a person applying for a regional ballot paper is referred to as a “tendered regional ballot paper”.

(4) The name of the voter and his number on the register of electors shall be entered on a list (in this Schedule referred to as the “tendered votes list”).

(5) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

(6) At a Scottish parliamentary general election, the same tendered votes list may be used in relation to all tendered votes in respect of that election and, where it is so used, an entry in that list in relation to a voter shall unless the contrary intention appears, be taken to mean that tendered ballot papers were marked by that voter in relation to both of his votes at that election.

Spoilt ballot papers

49.  A voter who has inadvertently dealt with a ballot paper of his in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot

50.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the constituency returning officer and, except in the case of an election to fill a vacancy in the seat of a constituency member, the regional returning officer.

(2) Where the poll is adjourned at any polling station–

(a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

(b) references in this Order to the close of the poll shall be construed accordingly.

Procedure on close of poll

51.—(1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals–

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened;

(b) the unused and spoilt constituency ballot papers placed together;

(c) the tendered constituency ballot papers;

(d) the unused and spoilt regional ballot papers placed together;

(e) the tendered regional ballot papers;

(f) the marked copies of the register of electors and of the list of proxies;

(g) the counterfoils of the used constituency ballot papers and the certificates as to employment on duty on the day of the poll;

(h) the counterfoils of the used regional ballot papers;

(i) the tendered votes list, the list of blind voters assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads ‘physical incapacity' and ‘unable to read', and the declarations made by the companions of blind voters,

and shall deliver the packets or cause them to be delivered to the constituency returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the constituency returning officer, the arrangements for their delivery shall require the constituency returning officer’s approval.

(2) Sub-paragraphs (d), (e) and (h) of paragraph (1) above shall not apply in the case of a poll to fill a vacancy in the seat of a constituency member.

(3) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used constituency ballot papers or in the same packet as the counterfoils of the used regional ballot papers.

(4) The packets shall be accompanied by a statement (in this Schedule referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers; and, except in the case of a poll to fill a vacancy in the seat of a constituency member, a separate ballot paper account shall be made for the constituency ballot papers and the regional ballot papers.

Counting of votes

Attendance at counting of votes

52.—(1) The constituency returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll and shall give to the counting agents and the regional returning officer notice in writing of the time and place at which he will begin to count the votes.

(2) No person other than–

(a) the constituency returning officer and his clerks;

(b) the candidates;

(c) the election agents;

(d) the counting agents;

(f) (except in the case of an election to fill a vacancy in the seat of a constituency member), the regional returning officer,

may be present at the counting of the votes, unless permitted by the constituency returning officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the constituency returning officer unless he–

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The constituency returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to–

(a) a candidate for whom a vote is given in the case of a constituency ballot paper; or

(b) an individual candidate or a registered party for which a vote is given in the case of a regional ballot paper,

and then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

53.—(1) The constituency returning officer shall–

(a) in the presence of the counting agents appointed for the purposes of the election open each ballot box and count and record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box;

(b) in the presence of the election agents appointed for the purposes of the election verify each ballot paper account; and

(c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted.

(2) The constituency returning officer shall not count the votes given on any ballot papers until–

(a) in the case of constituency postal ballot papers, they have been mixed with constituency ballot papers from at least one ballot box;

(b) in the case of constituency ballot papers from a ballot box, they have been mixed with constituency ballot papers from at least one other ballot box;

(c) in the case of regional postal ballot papers, they have been mixed with regional ballot papers from at least one ballot box; and

(d) in the case of regional ballot papers from a ballot box, they have been mixed with regional ballot papers from at least one other ballot box.

(3) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the constituency returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

(4) The constituency returning officer shall not count any tendered ballot paper.

(5) The constituency returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(6) The constituency returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent appointed for the purposes of that election may copy.

(7) The constituency returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents appointed for the purpose of that election agree, exclude the hours between 7 in the evening and 9 on the following morning.

For the purposes of this exception the agreement of–

(a) a candidate for return as a constituency member or his election agent; or

(b) an individual candidate for return as a regional member or the election agent of such a candidate or the election agent of a registered party standing nominated,

shall be as effective as the agreement of the counting agent of that candidate or, as the case may be, registered party.

(8) During the time so excluded the constituency returning officer shall–

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and documents.

Re-count: constituency election

54.—(1) A candidate for return as a constituency member or his election agent may, if present when the counting or any re-count of the votes given in the constituency ballot papers is completed, require the constituency returning officer to have these votes re-counted or again re-counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes given in the constituency ballot papers until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Re-count: regional votes in a constituency

55.—(1) An individual candidate for return as a regional member or his election agent, or the election agent for a registered party standing nominated (or any person authorised in writing by that agent) may prior to the publication of the statement required by rule 59 below, if present when the counting or any re-count of the votes given in the regional ballot papers is completed in a constituency, require the constituency returning officer to have the votes re-counted or again re-counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes until the individual candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers

56.—(1) Any ballot paper–

(a) which does not bear the official mark;

(b) in the case of a constituency ballot paper, on which votes are given for more than one candidate;

(c) in the case of a regional ballot paper, on which votes are given for more than one registered party or individual candidate, or for a registered party and an individual candidate;

(d) on which anything is written or marked by which the voter can be identified except the printed number on the back; or

(e) which is unmarked or void for uncertainty,

shall, subject to the provisions of sub-paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked–

(a) elsewhere than in the proper place;

(b) otherwise than by means of a cross; or

(c) by more than one mark,

shall not for such reason be deemed to be void if an intention that the vote shall be for one of the candidates (or in the case of a regional ballot paper, registered parties) clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

(3) A regional ballot paper on which a vote is marked for a particular candidate on a registered party’s regional list shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

(4) The constituency returning officer shall endorse the word “rejected” on any ballot paper which under this paragraph is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision.

(5) The constituency returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of–

(a) want of official mark;

(b) in the case of a constituency ballot paper, voting for more than one candidate;

(c) in the case of a regional ballot paper, voting for more than one party’s regional list or individual candidate, or for a registered party and an individual candidate;

(d) writing or mark by which voter could be identified; and

(e) unmarked or void for uncertainty.

Decisions on ballot papers

57.  The decision of the constituency returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Equality of votes: election for return of constituency members

58.  Where, after the counting of the votes (including any re-count) given in a poll for the return of a constituency member is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the constituency returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Conveying results of count etc. to regional returning officer

59.—(1) As soon as practicable after the conclusion of the counting of the votes (including any re-count) given in a constituency in a poll for return of regional members, the constituency returning officer shall, in accordance with any directions given by the regional returning officer, draw up a statement showing the number of votes given for each registered party and each individual candidate (excluding any votes given on any rejected ballot papers).

(2) The constituency returning officer shall forthwith inform the regional returning officer of the contents of that statement.

(3) The constituency returning officer shall give public notice of the statement prepared under paragraph (1) above as soon as practicable after he has informed the regional returning officer.

Declaration of result: constituency members

60.—(1) In a contested election for return of a constituency member, when the result of the poll for the return of a constituency member has been ascertained, the constituency returning officer shall forthwith–

(a) declare to be elected the candidate to whom the majority of votes has been given;

(b) return his name and, if a certificate has been received by the constituency returning officer issued by or on behalf of the nominating officer of a registered party under rule 7(1) above in respect of that candidate, the name of that party; and

(c) give public notice of–

(i) his name and, if applicable, the name of the registered party referred to in paragraph (1)(b) above; and

(ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2) In an uncontested election, the statement of persons nominated for return as a constituency member, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if a certificate has been received by the constituency returning officer issued by or on behalf of the nominating offer of a registered party under rule 7(1) above in respect of that candidate, the name of that party to the Clerk of the Parliament.

(3) In any case to which paragraph (1) or (2) above applies (except in an election to fill a vacancy in the seat of a constituency member) the constituency returning officer shall forthwith also notify the regional returning officer of the candidate who has been returned and, if applicable, the name of the registered political party referred to in paragraph (1)(b) or, as the case may be, (2) above.

(4) For the purposes of sub-paragraph (1)(b) and (2) above the constituency returning officer shall return those names required to be returned by–

(a) completing a certificate in the form X set out in the Appendix; and

(b) delivering it, or causing it to be delivered, to the Clerk of the Parliament.

PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

Attendance at allocation of seats for regional members

61.—(1) At a contested election, the regional returning officer shall make arrangements for making the calculation and allocation referred to in rule 62 below as soon as practicable after receipt by him of the statement prepared under rule 59 above and of the notification under rule 60(3) above from each constituency returning officer in that region.

(2) No person other than–

(a) the regional returning officer and his clerks;

(b) each candidate on a registered party’s regional list;

(c) each individual candidate;

(d) the election agent of each individual candidate or registered party standing nominated, or a person acting on his behalf;

(e) the nominating officer of each registered party standing nominated,

may be present at that calculation and allocation unless permitted by the regional returning officer to attend.

(3) A person not entitled to attend the proceedings under rule 62 below shall not be permitted to do so by the regional returning officer unless he–

(a) is satisfied that the efficient conduct of those proceedings will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The regional returning officer shall give to–

(a) the nominating officer and election agent of each registered party standing nominated;

(b) each individual candidate and his election agent; and

(c) each constituency returning officer for a constituency included in that region,

notice in writing of the place at which he will begin the proceedings under rule 62 below.

Allocation of seats

62.  –

(1) The regional returning officer shall calculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region by adding together the votes given for that registered party or, as the case may be, individual candidate as shown in the statements received under rule 59 above.

(2) An individual candidate for return as a regional member or his election agent, or the election agent for a party standing nominated, may (or, in the absence of such agent, any candidate included in that party’s list) prior to the allocation of the seats by the regional returning officer under paragraph (3) below, if present when the calculation under paragraph (1) above (or any recalculation under this paragraph) is completed, require the regional returning officer to recalculate or again recalculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region but the regional returning officer may refuse to do so if in his opinion the request is unreasonable.

(3) The regional returning officer shall then allocate the seats in accordance with sections 7 and 8 of the 1998 Act.

Equality of votes at poll for return of regional members

63.  Section 8(7) of the 1998 Act shall be modified by substituting, for the words after “candidates”, the following words:–

“(a) the subsection in question shall apply to each of them; or

(b) if paragraph (a) would result in more than the correct number of seats for the region being allocated, the subsection in question shall apply as if the regional figure for each of those parties or candidates had been adjusted in accordance with subsection (8).

(8) The regional figure for a party or candidate is adjusted in accordance with this subsection by–

(a) adding one vote to the total number of regional votes given for the party or candidate in all the constituencies included in the region; and

(b) (in the case of a party) recalculating the regional figure accordingly.

(9) If, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot.”.

Declaration of results: regional members

64.—(1) When the regional returning officer has allocated the regional member seats he shall forthwith–

(a) announce the individual candidates or the candidates on a registered party’s regional list to whom seats have been allocated;

(b) declare those candidates to have been elected;

(c) return the names of those persons to the Clerk of the Parliament in accordance with paragraph (2) below;

(d) give public notice–

(i) of the name of any individual candidate elected;

(ii) of the name of any candidate elected who was included on a registered party’s regional list (and the name of the registered party on whose list he was included);

(iii) (in a contested election) of the total number of votes given for each individual candidate or registered party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers; and

(iv) whether, in the case of a registered party, there are candidates remaining on that party’s regional list who have not been declared to be elected.

(2) For the purposes of paragraph (1) above the regional returning officer shall return those names required to be returned by–

(a) completing a certificate in the form Y set out in the Appendix; and

(b) delivering it, or causing it to be delivered, to the Clerk of the Parliament.

Return or forfeiture of deposit

65.—(1) The deposit made under rule 10 above shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

(2) Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result or results of the election is or are declared.

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

(a) a day shall be disregarded if it would be disregarded under rule 2 above in computing any period of time for the purposes of the timetable for the election; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If a candidate for return as a constituency member is not shown as standing nominated in the statement required by rule 18 above, or if the poll is countermanded or abandoned by reason of his death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where–

(a) a registered party or an individual candidate for return as a regional member is not shown as standing nominated in the statement prepared under rule 19 above; or

(b) in the case of an individual candidate, that candidate dies

the deposit shall be returned as soon as practicable after the publication of that statement or the time when the regional returning officer is satisfied of the candidate’s death, as the case may be.

(6) Subject to paragraph (4) above, the deposit made by or on behalf of a candidate for return as a constituency member shall be forfeited if a poll is taken and, after the counting of the votes by the constituency returning officer (including any re-count) is completed, the candidate is found not to have polled more than one twentieth of the total number of votes polled by all the candidates.

(7) Subject to paragraph (5) above, the deposit made by or on behalf of any individual candidate for return as a regional member or any registered party standing nominated shall be forfeited if after the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region has been calculated (or recalculated) under rule 62 above, the registered party or individual candidate is found not to have polled more than one twentieth of the total number of votes polled by all the registered parties and individual candidates in all of the constituencies included in the region and has not been allocated a seat under section 8 of the 1998 Act.

PART V DISPOSAL OF DOCUMENTS

Sealing up of ballot papers

66.—(1) On the completion of the counting at a contested election the constituency returning officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The constituency returning officer shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors and lists of proxies.

Delivery of documents to the sheriff clerk

67.—(1) The constituency returning officer shall then forward to–

(a) the sheriff clerk of the sheriff court district comprising the constituency; or

(b) if the constituency comprises the whole or part of more sheriff court districts than one, the sheriff clerk of any one of those sheriff court districts,

the following documents–

(a) the packets of constituency ballot papers in his possession;

(b) the packets of regional ballot papers in his possession;

(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;

(d) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters;

(e) the packets of counterfoils and certificates as to employment on duty on the day of the poll; and

(f) the packets containing marked copies of registers and of lists of proxies,

endorsing on each packet–

(i) a description of its contents;

(ii) the date of the election to which they relate; and

(iii) the name of the constituency in which the votes were given.

(2) The constituency returning officer may forward the documents either by delivering them by himself or his agent to the sheriff clerk or by sending them by post.

(3) If he sends them by post–

(a) he shall deliver the documents to the postmaster (or his deputy) of the principal post office of the constituency;

(b) the postmaster or his deputy shall–

(i) give a receipt in respect of those documents to the constituency returning officer; and

(ii) send the documents to the sheriff clerk by the first post free of charge,

(c) he shall send a letter to the sheriff clerk by the same post, specifying the number and description of the documents so sent; and

(d) a copy of the receipt given him by the postmaster or deputy postmaster shall be signed by him and retained by the postmaster or deputy postmaster.

(4) On receipt of the documents by the sheriff clerk a receipt shall be given to the person delivering them, and the receipt of those documents shall be registered in books kept for the purpose by the Sheriff Clerk specifying the date and time of receipt.

(5) Any receipt to be given for the documents shall show the date and time of their receipt.

Orders for production of documents

68.—(1) An order–

(a) for the inspection or production of any rejected ballot papers in the custody of the sheriff clerk; or

(b) for the opening of a sealed packet of counterfoils and certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,

may be made, if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the Court of Session or a sheriff court.

(2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the sheriff clerk’s custody may be made by an election court.

(3) An order under this paragraph may be made subject to such conditions as to–

(a) persons;

(b) time;

(c) place and mode of inspection;

(d) production or opening,

as the court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved–

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the Court of Session from any order of a sheriff court under this rule.

(5) Any power given under this rule to the Court of Session or to a sheriff court, may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the sheriff clerk of any document in his possession relating to any specified election–

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

(8) Save as by this paragraph provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the sheriff clerk or to open any sealed packets of counterfoils and certificates.

Retention and public inspection of documents

69.—(2) The sheriff clerk shall retain for a year all documents relating to an election forwarded to him in pursuance of these Rules by a constituency returning officer, and then, unless otherwise directed by order of the Court of Session, shall cause them to be destroyed.

(2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be determined by the sheriff clerk with the consent of the Presiding Officer of the Scottish Parliament.

(3) The sheriff clerk may, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as may be sanctioned by the Treasury.

PART VI DEATH OF CANDIDATE

Countermand or abandonment of poll etc. on death of candidate

70.—(1) If at a contested election for the return of a constituency member proof is given to the constituency returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the constituency returning officer shall–

(a) countermand notice of the poll; or

(b) if polling has begun, direct that the poll be abandoned; and

(c) except in the case of an election to fill a vacancy in the seat of a constituency member, forthwith notify the regional returning officer for the region in which the constituency is situated of the action that he has taken,

and all proceedings with reference to the election for the return of a constituency member for that constituency shall be commenced afresh in all respects as if publication of notice of election had been given 28 days after the day on which proof was given to the returning officer of the death.

(2) Where paragraph (1) above applies, no fresh nominations shall be necessary in the case of a person shown in the statement of persons nominated as standing nominated.

(3) Where there is a contested election for return of regional members and the poll at a constituency election for a constituency included within that region is abandoned, or notice of the poll countermanded, in accordance with paragraph (1) above, rule 61 above shall be satisfied when the regional returning officer has received the statement prepared under rule 59 above and the notification under rule 60(3) above in respect of each of the other constituencies in that region (other than a constituency in relation to which paragraph (1) above also applies); and in such a case section 7(1) of the 1998 Act shall apply with the modification that the reference in that subsection to “constituencies included in the region” shall be construed as a reference to the constituencies included in the region except those in relation to which paragraph (1) above applies.

(4) Where paragraph (3) applies, the subsequent election of a candidate for the constituency shall have no effect upon the validity of the election or return of any regional member.

(5) If at a contested election for return of regional members proof is given to the regional returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers (whether as an individual candidate or as a candidate on a regional list) has died and as a result of that death the election becomes uncontested, then the regional returning officer shall–

(a) countermand notice of the poll; or

(b) if polling has begun, direct that the poll be abandoned; and

(c) in either case, forthwith notify each constituency returning officer in the region of the action that he has taken.

(6) If at a contested election for return of regional members proof is given to the regional returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual candidate or as a candidate on a regional list) has died, but notwithstanding that death the election continues to remain contested, the notice of poll shall not be countermanded nor, as the case may be, shall the poll be abandoned.

(7) Where such a death occurs, it shall have no effect upon the validity of the election or return of any regional members for that region and the regional returning officer shall take such steps as he considers reasonable to publicise–

(a) the name of that candidate and the fact of his death;

(b) whether that candidate was an individual candidate or a candidate on a regional list; and

(c) if he was a candidate on a regional list the name of the registered party on whose regional list he appeared,

in the region for which the election is held.

(8) Subject to paragraph (9) below, where a poll is abandoned by reason of a candidate’s death the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall take the like steps (so far as not already taken) for the delivery to the constituency returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll in due course, and the constituency returning officer shall dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but–

(a) it shall not be necessary for any ballot paper account to be prepared or verified; and

(b) the constituency returning officer, without taking any step or further step for the counting of the ballot papers or of the votes shall seal up all the ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

(9) At a Scottish parliamentary general election where only one poll is abandoned the steps required to be taken by the presiding officer at such a polling station by paragraph (8) above shall take place on the close of the poll, and paragraph (8) above shall have effect as if, after “the constituency returning officer” in sub-paragraph (b) there were inserted “having separated the ballot papers relating to the other poll”.

(10) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death, with the following modifications–

(a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

(b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

PART VII MISCELLANEOUS

Return of members and record of returns etc.

71.—(1) The Clerk of the Parliament shall on receipt of a document delivered under rules 60 or 64 above enter the information contained in that certificate in a book kept for that purpose at the Parliament (in this paragraph referred to as “the returns book”).

(2) Where the Presiding Officer of the Scottish Parliament–

(a) sends a notice under article 86 or 87; or

(b) concludes that an election to fill a vacancy in the seat of a constituency member shall not be held because section 9(4) of the 1998 Act applies,

he shall–

(i) record in the returns book the fact of the vacancy; and

(ii) where paragraph (b) applies, that no election shall be held to fill the vacancy because section 9(4) of the 1998 Act applies.

(3) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that–

(a) the seat of a regional member is vacant; and

(b) the person was returned as an individual candidate,

he shall record–

(i) in the returns book the fact of that vacancy; and

(ii) that the seat (in accordance with section 10(2) of the 1998 Act) is to remain vacant until the next ordinary election.

(3) The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.

Article 12(2)

SCHEDULE 3 ABSENT VOTING

1. 1. General requirements for applications.

2. 2. Additional requirements for applicant no longer resident at qualifying address.

3. 3. Additional requirements for applications on grounds of physical incapacity.

4. 4. Additional requirements for applications based on occupation, service or employment.

5. 5. Additional requirements for applications in respect of a particular election.

6. 6. Additional requirements for applications for appointment of a proxy.

7. 7. Additional requirements for applications by proxies to vote by post at a particular election.

8. 8. Closing dates for applications.

9. 9. Grant or refusal of applications.

10. 10. Notice of appeal.

11. 11. Cancellation of proxy appointment.

12. 12. Inquiries by registration officer.

13. 13. Records and lists to be kept under articles 8, 9 and 11.

14. 14. Marked register for polling stations.

15. 15. Certificate of employment at an election.

16. 16. Transitional provision for absent voters.

General requirements for applications

1.—(1) Applications under article 8, 9, 10, or 11 shall, in addition to the address which is required by article 8(7), 9(5) or 11(12) (as the case may be) in the case of a person applying to vote by post, state–

(a) the applicant’s full name;

(b) except in the case of an application under article 11, the address in respect of which the applicant is or will be registered in the register;

(c) in the case of an application under article 11, the address of the applicant, together with the name of the elector for whom he acts as proxy and the address of that elector for the purposes of sub-sub-paragraph (b) above; and

(d) in the case of an application under article 8(1), 9(1) or 11(4) or (7), the grounds on which the applicant claims to be entitled to an absent vote,

and the application shall be signed by the applicant and made and sent or delivered in accordance with article 92.

(2) For the purposes of paragraph (1)(b) above, the address in respect of which the applicant is or will be registered includes–

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(d) of the 1983 Act; and

(b) in the case of a voluntary mental patient, the address given in the patient’s declaration in accordance with section 7(4)(d)(iv) of the 1983 Act.

(3) An application under article 9(1) or (2), 10(7) or 11(7) or (8) shall specify the election in respect of which it is made.

(4) An application to vote by proxy under article 8(1) or (6) or 9(1) or (2) shall include an application for the appointment of a proxy which meets the requirements of paragraph 6 below.

(5) An application under article 8, 9, 10, or 11 shall comply with such further requirements of this Schedule as apply to such an application including the requirements as to time set out by paragraph 8 below.

Additional requirements for applicant no longer resident at qualifying address

2.  An application under article 8(2)(b) shall specify the address, if any, at which the applicant is resident at the date of the application.

Additional requirements for applications on grounds of physical incapacity

3.—(1) An application under article 8(2)(c) shall specify the physical incapacity by reason of which the application is made.

(2) Subject to sub-paragraphs (3) and (5) below, such an application shall be attested and signed by–

(a) a registered medical practitioner;

(b) a registered nurse within the meaning of section 10(7) of the Nurses, Midwives and Health Visitors Act 1979(15); or

(c) a Christian Science practitioner;

(d) in the case of an application in which the applicant states that he is resident in an establishment within the meaning of section 61 of the Social Work (Scotland) Act 1968(16) in respect of which a person is required to be registered under that section, that person,

(e) in the case of an application in which the applicant states that he is resident in residential accommodation provided by a local authority under section 59(2) of the Social Work (Scotland) Act 1968 the matron or other person in charge of that accommodation;

(f) in the case of an application in which the applicant states that he resides in premises forming one of a group of premises–

(i) which are provided for persons of pensionable age or physically disabled persons; and

(ii) for which there is a resident warden,

that warden.

(3) But a person may not attest an application under article 8(2)(c) by virtue of sub-paragraphs (2)(a), (b) or (c) above, unless he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.

(4) The person attesting an application under sub-paragraph (2) above shall state–

(a) his name and address and the qualification by virtue of which he is authorised to attest the application and, where the person attests the application by virtue sub-paragraphs (2)(a), (b) or (c) above, that he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) above or the applicant is receiving care from him in respect of that incapacity;

(b) that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there, by reason of that incapacity; and

(c) that, to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

(5) Sub-paragraphs (2) and (4) above shall not apply where–

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority, or by a local society for the blind, which is specified in the application;

(b) the application states that the applicant is (under section 73 of the Social Security Contributions and Benefits Act 1992(17) in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 71 of that Act) because of the physical incapacity specified in the application in pursuance of sub-paragraph (1) above.

(6) The fact that an applicant is registered with a local authority or local society for the blind shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out article 8(2)(c).

(7) In this paragraph and paragraphs 4 and 5 below, “his allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

Additional requirements for applications based on occupation, service or employment

4.—(1) An application under article 8(2)(d) shall state–

(a) whether the occupation, service or employment, in respect of which it is made, is that of the applicant or his spouse;

(b) the nature of the occupation, service or employment in respect of which it is made;

(c) where the person in respect of whose occupation, service or employment it is made; (in this paragraph referred to as “the employed person”) is self-employed, that fact and, in any other case, the name of that person’s employer, and

(d) why the applicant cannot reasonably be expected to go in person to his allotted polling station by reason of the general nature of the occupation, service or employment referred to in sub-sub-paragraph (b) above.

(2) Such an application shall be attested and signed–

(a) where the employed person is self-employed, by a person who–

(i) is aged 18 years or over;

(ii) knows the employed person; and

(iii) is not related to him; and

(b) in any other case, by the employer of the employed person or by another employee to whom this function is delegated by the employer.

(3) For the purposes of sub-paragraph(2)(a) above and of sub-paragraph (4)(i) below, one person is related to another if he is the husband, wife, parent, grandparent, brother, sister, child or grandchild of the other.

(4) The person attesting an application under sub-paragraph (2) above shall–

(a) where the applicant is the employed person, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (d) above are true; or

(b) where the applicant is the spouse of the employed person, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (1)(a) to (c) above are true,

and, in addition, he shall state–

(i) in the case of a person who attests an application under sub-paragraph (2)(a) above, his name and address, and that he is aged 18 years or over, knows the employed person, but is not related to him; or

(ii) in the case of a person who attests an application under sub-paragraph (2)(b) above, either that he is the employer of the employed person or the position he holds in the employment of that employer.

Additional requirements for applications in respect of a particular election

5.—(1) An application under article 9(1) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(2) Such an application–

(a) which is received by the registration officer after 5pm on the eleventh day (calculated in accordance with paragraph 8(5) below) before the date of the poll at the election in question (“the standard closing date for applications”) but before 5pm on the sixth day (so calculated) before the date of that poll; and

(b) in which the circumstances set out in accordance with sub-paragraph (1) above relate to the applicant’s health,

shall–

(i) include a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll; and

(ii) be attested in accordance with sub-paragraph (3) below and signed by one of the persons specified in paragraph 3(2) (a), (b) and (c) above.

(3) The person attesting an application under sub-paragraph (2) above shall state–

(a) his name and address and the qualification by virtue of which he is authorised to attest it; and

(b) that, so far as he is aware, the statement included in the application in pursuance of sub-paragraph (2)(i) above is true.

(4) An application under article 9(1)–

(a) which is received by the registration officer between the times specified in sub- paragraph (2)(a) above; and

(b) in which the circumstances set out in accordance with sub- paragraph (1) above relate to the applicant’s employment either as a constable or by a returning officer on the date of the poll at the election for which the application is made for a purpose connected with that election or some other election (including, for these purposes, a parliamentary, European Parliamentary or local government election) the poll for which is held on the same day,

shall–

(i) state the employment in question, and

(ii) in addition to the applicant’s signature, be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector or, in the case of a person employed by a returning officer, by that returning officer.

Additional requirements for applications for appointment of a proxy

6.  An application for the appointment of a proxy under article 10(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and–

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

(b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Additional requirements for applications by proxies to vote by post at a particular election

7.  An application under article 11(7) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under this Order.

Closing dates for applications

8.—(1) An application–

(a) to vote by post or proxy under article 8(1);

(b) by an absent voter to alter his choice as to the manner of absent voting under article 8(6);

(c) for the appointment of a proxy under article 10(6); or

(d) from a proxy to vote by post under article 11(4),

shall be disregarded for the purposes of any particular election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

(2) Subject to sub-paragraph (3) below, an application–

(a) to vote by post or proxy under article 9(1);

(b) by a postal voter for his ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(2);

(c) for the appointment of a proxy under article 10(7);

(d) from a proxy to vote by post under article 11(7); or

(e) from a postal proxy for his ballot papers to be sent to a different address at a particular election under article 11(8),

shall be disallowed if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at the election for which it was made.

(3) Sub-paragraph (2) above shall not apply to an application which satisfies the requirements of either sub-paragraphs (2) and (3) of paragraph 5 above or sub-paragraph (4) of paragraph 5 above; and such an application shall be disallowed if it is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it was made.

(4) The following, namely–

(a) an application under article 8(5)(a) by an elector to be removed from the record kept under article 8(4);

(b) an application under article 11(11)(a) by a proxy to be removed from the record kept under article 11(6); and

(c) a notice under article 10(9) of the cancellation of a proxy’s appointment,

may be disregarded for the purposes of any particular election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

(5) In computing a period of days for the purposes of paragraph 5 above and this paragraph–

(a) a Saturday or a Sunday;

(b) Christmas Eve, Christmas Day, Easter Monday or Good Friday; or

(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971,

shall be disregarded.

Grant or refusal of applications

9.—(1) Where the registration officer grants an application under article 8, 9, 10 or 11 he shall, where practicable, notify the applicant of his decision.

(2) The proxy paper to be issued by the registration officer on the appointment of a proxy may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections.

(3) Where the registration officer disallows an application under article 8, 9, 10 or 11, he shall notify the applicant of his decision and, in the case of an application under article 8(1) or 11(4), of the reason for his decision; and he shall date such notification.

(4) Where under paragraph 8(1) or (4) above the registration officer disregards an application for the purposes of any particular election, he shall, where practicable, notify the applicant of this.

Notice of appeal

10.—(1) A person desiring to appeal under article 4(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 9(3) above, specifying the grounds of the appeal.

(2) The registration officer shall forward any such notice to the sheriff with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case, and on any point which may be specified as a ground of appeal and shall also give to the sheriff any other information which the sheriff may require and which the registration officer is able to give.

(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the sheriff so that the sheriff may consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment

11.  Where the appointment of a proxy is cancelled by notice given to the registration officer under article 10(9) or ceases to be in force under that provision or is no longer in force under article 10(10)(b), the registration officer shall–

(a) notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy; and

(b) remove his name from the record kept under article 8(4).

Inquiries by registration officer

12.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person–

(a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(c) or (d);

(b) who is shown in that record by virtue of an application having been treated as granted under paragraph 16(1) below but who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in of section 6(2) (b) or (c) of that Act, for the purpose of determining whether there has been a material change of circumstances.

(2) In the case of a person who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(d), to whom sub-paragraph (1)(b) above applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c) of that Act, the registration officer shall make the inquiries referred to in sub-paragraph (1) above not later than three years after the date of the granting of the application or the last such inquiries, as the case may be.

(3) In respect of a person to whom sub-paragraph (1)(b) above applies, the date of commencement shall be treated as the date of the granting of the application.

(4) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) above to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

(5) In this paragraph “commencement date” means the date on which this Order comes into force.

Records and lists kept under articles 8, 9 and 11

13.—(1) Subject to the provisions of this paragraph, the records kept under articles 8(4) and 11(6) and the lists kept under articles 9(4) and 11(9) shall be in such form as the registration officer thinks fit.

(2) In that part of the absent voters list referred to in article 9(4)(a), the address to which a ballot paper shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

(3) In that part of the absent voters list referred to in article 9(4)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector’s name and electoral number.

(4) In the list kept under article 11(9) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper shall be sent, shall be placed on the right hand side of the elector’s name and electoral number.

(5) The registration officer shall make available for inspection at his office a copy of the records kept under articles 8(4) and 11(6).

(6) As soon as practicable after the day referred to in paragraph 8(1) above, the registration officer shall publish the lists kept under articles 9(4) and 11(9) by making a copy of them available for inspection at his office; and he shall continue to make a copy of those lists so available until the date of the poll.

(7) Subject to sub-paragraph (8) below, as soon as practicable after the publication of the lists referred to in sub-paragraph (6) above, the registration officer shall, on request, supply free of charge a copy of them to each–

(a) candidate for return as a constituency member, or his election agent; or

(b) individual candidate for return as a regional member or nominating officer of a party standing nominated or the election agent of such a candidate or party.

(8) But if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

(9) In this paragraph, “electoral number” means a person’s number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register.

Marked register for polling stations

14.  To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at an election

15.  The certificate as to the employment of constables and persons employed by a returning officer on the date of the poll at an election (to enable such a constable or person to vote elsewhere than at his own polling station) shall be in the form U set out in the Appendix and shall be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector.

Transitional provision for absent voters

16.—(1) In relation to any person who, immediately before the commencement date, was entitled–

(a) under the 1985 Act to be treated as an absent voter for an indefinite period; and

(b) to vote by post or by proxy at local government elections,

articles 8 to 12 shall have effect–

(i) as if an application by him under article 8 so to vote at Scottish parliamentary elections had been granted on that date;

(ii) where, immediately before that date, an appointment of a person to vote for him as proxy at local government elections was in force, as if the appointment had been made under article 10 on that date in respect of Scottish parliamentary elections; and

(iii) where the application treated as granted by virtue of sub-sub-paragraph (i) above is an application to vote by post, as if he had specified in the application as the address to which his ballot papers are to be sent the address provided by him for the purpose of those other elections.

(2) Where an appointment of a person to vote as proxy for another at local government elections is treated by virtue of sub-paragraph (1) above as made under article 10 and immediately before the commencement date the proxy was entitled–

(a) under the 1985 Act so to vote for an indefinite period; and

(b) to vote by post at such elections,

article 11 shall have effect–

(i) where the proxy’s entitlement was based on his entitlement as elector to vote by post, as if an application by him under article 11(4)(a) to vote by post as proxy at Scottish parliamentary elections had been granted on that date; and

(ii) where the proxy’s entitlement was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under article 11(4)(b) to vote by post as proxy at Scottish parliamentary elections had been granted on that date.

(3) In this paragraph–

(a) “commencement date” means the on which this Order comes into force; and

(b) references to–

(i) in entitlement to vote by post or by proxy; or

(ii) an appointment to vote as proxy for another,

at local government elections include such an entitlement or appointment where it also entitles or appoints a person so to vote at parliamentary elections.

Article 12(3)

SCHEDULE 4 ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

1. 1. Interpretation.

2. Issue of postal ballot papers

   1. 2. Combination of polls.

   2. 3. Form of declaration of identity.

   3. 4. Persons entitled to be present at issue and receipt of ballot papers.

   4. 5. Notification of requirement of secrecy.

   5. 6. Notice of issue of postal ballot papers.

   6. 7. Marking of postal ballot papers etc.

   7. 8. Refusal to issue postal ballot paper.

   8. 9. Envelopes.

   9. 10. Delivery of postal ballot papers to post office.

   10. 11. Provision of postal voters' ballot box.

   11. 12. Sealing up of special lists and counterfoils.

   12. 13. Spoilt postal ballot paper.

3. Receipt of postal ballot papers

   1. 14. Receipt of covering envelope.

   2. 15. Opening of postal voters' ballot box.

   3. 16. Opening of covering envelopes.

   4. 17. Sealing up of rejected votes and declarations of identity.

   5. 18. Opening of ballot paper envelopes.

   6. 19. Abandoned poll.

   7. 20. Forwarding of documents.

Interpretation

1.  For the purposes of this Schedule, unless the context otherwise requires–

“agent” includes an election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 9 below;

“issue” includes the original and any subsequent issue;

“list of postal proxies” means the list kept under article 11(9);

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal voter” means a voter who is entitled to vote by post (and includes a postal proxy);

“postal voters' ballot box” means the ballot box referred to in paragraph 11 below;

“receptacle for ballot paper envelopes” and “receptacle for declarations of identity” mean the receptacles referred to in paragraph 16(4) below;

“receptacle for postal ballot papers” means the receptacle referred to in paragraph 15(4) below;

“receptacle for rejected votes” means the receptacle referred to in paragraph 16(2) below; and

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 13(1) below.

Issue of postal ballot papers

Combination of polls

2.  Where the polls at elections are taken together under article 13(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.

Form of declaration of identity

3.  The declaration of identity sent with the postal ballot paper to a postal voter shall be–

(a) at Scottish parliamentary election other than one to which sub-paragraph (b) or (c) below applies, in the form P set out in the Appendix;

(b) at a Scottish parliamentary election where the proceedings on the issue and receipt of ballot papers are taken together with those proceedings at another election under paragraph 2 above, in the form AA set out in the Appendix; and

(c) at a Scottish parliamentary election the poll at which is taken together with a poll at another election under article 13 (1) or (2) in any part of the constituency but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, for use in that part of the constituency in which polls at more than one election are taken together, in the form AB set out in the Appendix.

Persons entitled to be present at issue and receipt of postal ballot papers

4.—(1) No person may be present at the proceedings on the issue or receipt of postal ballot papers other than–

(a) the constituency returning officer and his clerks;

(b) a candidate for return as a constituency member or an election agent of such a candidate or any person appointed by a candidate to attend in his election agent’s place or;

(c) except in the case of an election to fill a vacancy in the seat of a constituency member–

(i) the regional returning officer;

(ii) an individual candidate for return as a regional member or his election agent or any person authorised by the candidate to attend in his election agent’s place or;

(iii) the election agent of a registered party standing nominated or the nominating officer of that party or any person authorised by that officer to attend in his place; and

(d) any agents appointed under sub-paragraph (2) below.

(2) Where postal ballot papers are to be issued, or the envelopes contained in the postal voters' ballot boxes are to be opened simultaneously in 2 or more batches, each–

(a) candidate for return as a constituency member; and

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and election agent for a registered party standing nominated,

may appoint one or more agents up to the number he may be authorised by the constituency returning officer to appoint not exceeding the number of such batches so, however, that the number authorised should be the same in the case of each candidate or, as the case may be, election agent for a registered party standing nominated.

(3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

(4) Where postal ballot papers for more than one election are issued together under paragraph 2 above, the constituency returning officer to whom notice shall be given under sub-paragraph (3) above and sub-paragraphs (5) and (6) below is the returning officer who issues the postal ballot papers.

(5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

(6) Agents may be appointed and notice of appointment given to the constituency returning officer by a candidate’s election agent instead of by the candidate.

(7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2) above, who are within the number authorised by the constituency returning officer.

(8) Any of the following persons, namely–

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

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

(c) the election agent of a registered party standing nominated,

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

5.  The constituency returning officer shall make arrangements to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 29(4) and (6).

Notice of issue of postal ballot papers

6.—(1) The constituency returning officer shall give each–

(a) candidate for return as a constituency member;

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and election agent for a registered party standing nominated,

not less than 48 hours notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents such person may appoint under paragraph 4(2) above to attend that issue.

(2) Where any subsequent issue of postal ballot papers is made, the constituency returning officer shall notify each person required to be notified under sub-paragraph (1) above as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents such person may appoint under paragraph 4 (2) above to attend such issue.

Marking of postal ballot papers etc.

7.—(1) Each postal ballot paper issued shall be stamped with the official mark and the name and number of the elector as stated in the register shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

(2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

(3) Where postal ballot papers for more than one election are issued together under paragraph 2 above–

(a) one mark shall be placed in the absent voters list or the list of postal proxies under sub-paragraph (1) above to denote that ballot papers have been issued in respect of all of those elections, except that where ballot papers are not so issued a different mark shall be placed in the absent voters list or list of postal proxies to identify the election in respect of which the ballot paper was issued; and

(b) the number of each ballot paper shall be marked on the declaration of identity under sub-paragraph (2) above.

(4) Where the poll at a Scottish parliamentary election is taken with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, the colours of the postal ballot papers (or, as the case may be, the colour of the postal ballot paper) shall also be marked on the declaration of identity sent with those papers (or as the case may be, that paper).

Refusal to issue postal ballot paper

8.  Where a constituency returning officer is satisfied that two or more entries in either the absent voters list, or the list of postal proxies, or in each of those lists relate to the same elector he shall not issue more than one constituency ballot paper or, as the case may be, more than one regional ballot paper in respect of the same elector in respect of the same election.

Envelopes

9.—(1) The envelope which the constituency returning officer is required by rule 33 of the Scottish Parliamentary Election Rules to send to a postal voter for the return of postal ballot papers (or, as the case may be, ballot paper) and the declaration of identity (referred to as a “covering envelope”) shall be marked with the letter “B”.

(2) In addition to the documents referred to in sub-paragraph (1) above, the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with–

(a) the letter “A”;

(b) the words “Ballot paper envelope”; and

(c) the number of each ballot paper.

(3) Where the poll at one election is taken together with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not be taken together under paragraph 2 above–

(a) the envelope referred to in sub-paragraph (1) above shall also be marked “Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)”; and

(b) on the envelope referred to in sub-paragraph (2) above, after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper (s)”.

Delivery of postal ballot papers to post office

10.—(1) Envelopes addressed to postal voters shall be counted and forthwith delivered by the constituency returning officer to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster shall stamp with the post office date stamp a form of receipt to be presented by the constituency returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

(2) First class postage of all such envelopes and all covering envelopes shall be prepaid by the constituency returning officer.

Provision of postal voters' ballot box

11.—(1) The constituency returning officer shall, at the proceedings on the original issue of postal ballot papers, provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

(2) Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the constituency returning officer and sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

(3) Every such ballot box shall be marked “postal voters' ballot box” and with the name of the constituency in which the election is held.

(4) The constituency returning officer shall make provision for the safe custody of every such ballot box.

Sealing up of special lists and counterfoils

12.—(1) The constituency returning officer, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, shall make up in separate packets–

(a) the marked copies of the absent voters list and of the list of postal proxies; and

(b) the counterfoils of those ballot papers which were issued,

and shall seal such packets.

(2) The sealed packet containing the marked copies of the absent voters list and of the list of postal proxies may be opened by the constituency returning officer for the purposes of a subsequent issue, and on completion of that issue the copies shall be again made up and sealed in accordance with sub-paragraph (1) above.

Spoilt postal ballot paper

13.—(1) If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

(2) Where two or more postal ballot papers have been issued together to him (whether at a Scottish parliamentary general election or under paragraph 2 above), the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1) above, return all of the ballot papers so issued, whether spoilt or not.

(3) On receipt of the documents referred to in sub-paragraph (1) or (2) above the constituency returning officer shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received too late for a replacement ballot paper or, as the case may be, papers to be returned before the close of the poll.

(4) Paragraphs 4(1)(a), 5 and 7 to 12 above, except any reference to the presence of the agents, shall apply to the issue of postal ballot papers under sub-paragraph (3) above.

(5) The spoilt postal ballot paper, and any other postal ballot paper issued with it, the declaration of identity and the ballot paper envelope, shall be immediately cancelled.

(6) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.

Receipt of postal ballot papers

Receipt of covering envelope

14.  The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box sealed in accordance with paragraph 11 above.

Opening of postal voters' ballot box

15.—(1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of the agents.

(2) So long as the constituency returning officer ensures that there is at least one postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

(3) The constituency returning officer shall give each–

(a) candidate for return as a constituency member; and

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and the election agent for each registered party standing nominated,

not less than 48 hours notice in writing of the time and place of the opening of each postal voters' ballot box and the envelopes contained in it and of the number of agents such person may appoint under paragraph 4(2) above to be present at each opening.

(4) The constituency returning officer shall provide a ballot box as a receptacle for postal ballot papers (referred to as “the receptacle for postal ballot papers”) and every such ballot box shall be shown open and empty to the agents present and shall then be locked by the constituency returning officer and sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

(5) Every ballot box referred to in sub-paragraph (4) above shall be marked “postal voters' ballot papers” and with the name of the constituency in which the election is held.

(6) The constituency returning officer shall make provision for the safe custody of every such ballot box.

(7) The ballot box shall be opened at the counting of the votes under rule 53 of the Scottish Parliamentary Election Rules.

Opening of covering envelopes

16.—(1) When a postal voters' ballot box has been opened, the constituency returning officer shall count and note the number of covering envelopes, and shall then open each covering envelope separately.

(2) Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers) he shall mark the covering envelope “rejected”, attach to it the contents (if any) of the covering envelope and place it in a separate receptacle (referred to as “the receptacle for rejected votes”); and if the covering envelope does not contain the declaration separately, the constituency returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.

(3) On opening a covering envelope, other than one to which sub-paragraph (2) above applies, the constituency returning officer shall first satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address and, if he is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope or, if there is no such envelope, the ballot paper (or ballot papers), and place it in the receptacle for rejected votes (but before so doing he shall show the declaration to the agents and, if any objection is made by any agent to his decision, he shall add the words “rejection objected to”).

(4) Where the number (or numbers) on the declaration of identity duly signed and authenticated agrees with the number (or numbers) on the ballot paper envelope, he shall place the declaration in a separate receptacle (referred to as “the receptacle for declarations of identity”) and the ballot paper envelope in another separate receptacle (referred to as “the receptacle for ballot paper envelopes”).

(5) Where there is no ballot paper envelope or the ballot paper envelope has been opened under sub-paragraph (2) above, he shall place–

(a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”; and

(c) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) above.

(6) Where the number (or numbers) on the declaration of identity, duly signed and authenticated, is not the same as the number (or numbers) on the ballot paper envelope or that envelope has no number on it (or only one number where the declaration of identity has more than one) he shall open the envelope and shall place–

(a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”;

(c) in the receptacle for rejected votes, any declaration of identity, marked “rejected”, in respect of a ballot paper envelope which either does not contain a ballot paper or, where more than one number appears on the declaration, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper); and

(d) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) or (c) above.

(7) Except for the purposes of ascertaining under sub-paragraph (2) above whether a ballot paper envelope contains a declaration of identity or under sub-paragraph (6) above whether the number (or numbers) on the declaration agrees with the number on the ballot paper (or ballot papers), the constituency returning officer shall not open the ballot paper envelopes before they are opened under paragraph 18 below.

Sealing up of rejected votes and declarations of identity

17.  On the conclusion of the proceedings under paragraph 16 above the constituency returning officer shall put the contents of the receptacle for rejected votes and the contents of the receptacle for declarations of identity into two separate packets and shall seal up such packets.

Opening of ballot paper envelopes

18.—(1) After sealing up the packets referred to in paragraph 17 above the constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He shall place–

(a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;

(b) in a separate receptacle, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope; and

(c) in the receptacle referred to in sub-sub-paragraph (b) above, any ballot paper envelope which shall be marked “rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper),

and he shall make the contents of the receptacle referred to in sub-sub-paragraph (b) above up into a packet and shall seal such packet.

Abandoned poll

19.—(1) Subject to sub-paragraph (2) below, where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer–

(a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule; and

(b) shall, notwithstanding paragraph 17 or 18 above, treat all unopened covering envelopes and the contents of those which have been opened as if they were counted ballot papers.

(2) Sub-paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2 above.

Forwarding of documents

20.—(1) The constituency returning officer shall forward to the sheriff clerk at the same time as he forwards the documents mentioned in rule 67 of the Scottish Parliamentary Election Rules–

(a) any packets referred to in paragraphs 12, 13, 17 or 18 above, subject to the provisions of paragraph 19 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency in which the election is held; or

(b) a completed statement in the form AC set out in the Appendix of the number of postal ballot papers issued.

(2) Where any covering envelopes are received by the constituency returning officer after the close of the poll or any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued, he shall put them unopened into a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1) above.

(3) Any packet or statement forwarded under this regulation shall be deemed to have been forwarded in pursuance of the Scottish Parliamentary Election Rules.

(4) A copy of the statement referred to in sub-paragraph (1)(b) above shall be provided by the constituency returning officer to the Secretary of State.

Article 13(5)

SCHEDULE 5 COMBINATION OF POLLS

1. PART I GENERAL

   1. 1. Returning officers and polling stations.

   2. 2. Functions at combined polls.

   3. 3. Modification of provisions about expenses in this Order and the 1983 Act.

2. PART II MODIFICATIONS OF SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 13(1) OR (2)

   1. 4. Modifications of the Scottish Parliamentary Election Rules: general provision.

   2. 5. Rule 28 (colour of ballot papers).

   3. 6. Rule 32 (notice of poll).

   4. 7. Rule 36 (issue of official poll cards).

   5. 8. Rule 37 (equipment of polling stations).

   6. 9. Rule 38 (appointment of polling and counting agents).

   7. 10. Rule 43 (questions to be put to voters).

   8. 11. Rule 45 (voting procedure).

   9. 12. Rule 46 (votes marked by presiding officer).

   10. 13. Rule 47 (voting by blind persons).

   11. 14. Rule 48 (tendered ballot papers).

   12. 15. Rule 50 (adjournment of poll in case of riot).

   13. 16. Rule 51 (procedure on close of poll).

   14. 17. Rule 52 (attendance at counting of votes).

   15. 18. Rule 53 (the count).

   16. 19. Rule 67 (delivery of documents to the sheriff clerk).

   17. 20. Rule 70 (countermand or abandonment of poll etc. on death of candidate).

   18. 21. Form of directions for the guidance of the voters in voting in Schedule 5.

3. PART III MODIFICATIONS OF THE SCOTTISH LOCAL ELECTION RULES 1986 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 13(1) OR (2)

   1. 22. Modifications of the local election rules: general provision.

   2. 23. Rule 1 of the local election rules (timetable).

   3. 24. Rule 13 of the local election rules (the ballot papers).

   4. 25. Rule 17 of the local election rules (notice of poll).

   5. 26. Rule 21 of the local election rules (issue of official poll cards).

   6. 27. Rule 22 of the local election rules (equipment of polling stations).

   7. 28. Rule 23 of the local election rules (appointment of polling and counting agents).

   8. 29. Rule 28 of the local election rules (questions put to voters).

   9. 30. Rule 30 of the local election rules (voting procedure).

   10. 31. Rule 31 of the local election rules (votes marked by presiding officer).

   11. 32. Rule 32 of the local election rules (voting by blind persons).

   12. 33. Rule 33 of the local election rules (tendered ballot papers).

   13. 34. Rule 35 of the local election rules (adjournment of poll in case of riot).

   14. 35. Rule 36 of the local election rules (procedure on close of poll).

   15. 36. Rule 37 of the local election rules (attendance at counting of votes).

   16. 37. Rule 38 of the local election rules (the count).

   17. 38. Rule 45 of the local election rules (delivery of documents).

   18. 39. Rule 48 of local election rules (countermand or abandonment of poll on death of candidate).

   19. 40. Local election rules: form of ballot paper

   20. 41. Local election rules: declaration of identity.

   21. 42. Local election rules: elector’s official poll card.

   22. 43. Local election rules: declaration to be made by the companion of a blind voter.

PART I GENERAL

Returning officers and polling stations

1.—(1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are taken together under article 13(1)–

(a) those functions of the returning officer at the local government election which are specified in paragraph 2 below shall be discharged by the constituency returning officer for the Scottish parliamentary election for such part of the local government area as is situated in the Scottish parliamentary constituency; and

(b) only polling stations used for the Scottish parliamentary election shall be used for the local government election.

(2) Where the polls for related areas are taken together under article 13(2)–

(a) the returning officers for those elections shall decide which returning officer shall discharge in the area in which the polls are combined (“the combined area”) those functions of the other which are specified in paragraph 2 below; and

(b) the only polling stations which shall be used in the combined area at such elections are the polling stations used at the election for which the returning officer who discharges the functions referred to in sub-sub-paragraph (a) acts as returning officer.

Functions at combined polls

2.—(1) The functions referred to in paragraph 1 above are the functions conferred or imposed–

(a) at a Scottish parliamentary election by those rules in the Scottish Parliamentary Election Rules in Schedule 2 which are specified in sub-paragraph (2) below; and

(b) at a local government election, by those rules in the rules made under section 42 of the 1983 Act which correspond to the provisions specified in sub-paragraph (2) below,

and, where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, the functions conferred or imposed by that Schedule and by Part V of the 1986 regulations.

(2) The rules referred to in sub-paragraph (1) above are–

(a) rule 32(2)(a) (notice of situation of polling stations etc);

(b) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, rule 33 (postal ballot papers);

(c) rule 34 (provision of polling stations);

(d) rule 35(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e) rule 37 (equipment of polling stations);

(f) rule 39(a) (notification of requirement of secrecy at polling station);

(g) rule 40(4) (signature of certificate as to employment);

(h) rule 41(2)(b) (authorisation to order removal from polling station); and

(i) in rule 53 paragraph (1) (the count) (as substituted by paragraph 18 of this Schedule) and paragraph (5).

Modification of provisions about expenses in this Order and the 1983 Act

3.—(1) Where those functions of a returning officer at an election which are specified in paragraph 2 above are discharged by the returning officer at another election under paragraph 1 above, references to the returning officer or his charges or expenditure–

(a) in sub-sections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 of the 1983 Act (payments by and to returning officers) as applied and modified by article 18;

(b) in article 19 (taxation of returning officer’s account); and

(c) in sub-sections (5) and (6) of section 42 of the 1983 Act (expenses at local elections);

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

(2) The reference in section 42(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2 above and in respect of the remuneration of presiding officers and clerks include a reference to the returning officer who under paragraph 1 above discharges those functions at the local government election.

(3) In relation to elections the polls at which are taken together under article 13(1) or (2), the Secretary of State may under section 29(3) of the 1983 Act as applied and modified by article 18 include special provision for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2 above, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1 above.

PART II MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 13(1) OR (2)

Modifications of the Scottish Parliamentary Election Rules: general provision

4.  Where the poll at a Scottish parliamentary election is taken with the poll at a local government election under article 13(1) or (2), the Scottish Parliamentary Election Rules in Schedule 2 to this Order shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Rule 28 (colour of ballot papers)

5.  At the end of rule 28 there shall be added–

“The ballot paper to be used at a local government election the poll for which is taken together with the poll at a Scottish parliamentary election shall be of a different colour from that of any ballot paper to be used at the Scottish parliamentary election.”.

Rule 32 (notice of poll)

6.  At the end of rule 32 there shall be added–

“(3) The notice published under paragraph (2) above shall–

(a) state that the poll at the Scottish parliamentary election is to be taken together with the poll at a local government election;

(b) specify the relevant local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c) where the polls are to be taken together in part of a Scottish parliamentary constituency only, specify that part.”.

Rule 36 (issue of official poll cards)

7.  At the end of rule 36 there shall be added–

“(5) An official poll card issued under this rule may be combined with any official poll card issued at a local government election.”.

Rule 37 (equipment of polling stations)

8.  After paragraph (1) of rule 37 there shall be inserted–

“(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the Scottish parliamentary election.”.

Rule 38 (appointment of polling and counting agents)

9.  At the end of paragraph (5) of rule 38 there shall be inserted–

“Notices of the appointment of polling agents which are required by this paragraph and paragraphs (6) and (7) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.

Rule 43 (questions to be put to voters)

10.  In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 43 and in the second question of paragraph (2) of that rule before “election” there shall be inserted “Scottish parliamentary”.

Rule 45 (voting procedure)

11.  At the end of rule 45 there shall be added–

“(6) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same copy of the register of electors may be used under paragraph (2) above for each election and one mark may be placed in that register under paragraph (2)(d) above or in the list of proxies under paragraph (2)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.”.

Rule 46 (votes marked by presiding officer)

12.  At the end of rule 46 there shall be added–

“(5) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”.

Rule 47 (voting by blind persons)

13.  At the end of rule 47 there shall be added–

“(10) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of blind voters assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”.

Rule 48 (tendered ballot papers)

14.  At the end of rule 48 there shall be added–

“(7) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”.

Rule 50 (adjournment of poll in case of riot)

15.  In rule 50(1) for the words “constituency returning officer” there shall be substituted–

“returning officer who discharges the functions specified in paragraph 2 of Schedule 5”.

Rule 51 (procedure on close of poll)

16.  After rule 51(1) there shall be inserted–

“(1A) The contents of the packets referred to in paragraph (1)(b) to (e) and (g) to (i) above shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under paragraph (4) below be so combined.

(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.

Rule 52 (attendance at counting of votes)

17.—(1) For paragraph (1) of rule 52 there shall be substituted the following paragraphs:–

“(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for discharging the functions under rule 53 below (as substituted by paragraph 18 of Schedule 5) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election as soon as practicable after the close of the poll and for thereafter counting the votes at the Scottish parliamentary election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 53 below (as so substituted).

(1A) Where the constituency returning officer at the Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and who will give the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.

(2) In rule 52(2), before “at the counting of the votes” there shall be inserted the words “at the proceedings described in rule 53(1) below (as so substituted) or”.

(3) In rule 52(3) before the words “the counting of the votes” there shall be inserted the words “proceedings described in rule 53(1) below (as so substituted) or ” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be,”.

Rule 53 (the count)

18.  For rule 53(1) there shall be substituted–

“(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5 he shall–

(a) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election open each ballot box;

(b) separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election;

(c) make up into packets the ballot papers for the local government election (including any postal ballot papers which have been duly returned) and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate;

(d) in the presence of the election agents appointed for the purpose of the Scottish parliamentary election, record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box;

(e) in the presence of those election agents verify each ballot paper account in relation to the ballot papers for the Scottish parliamentary election;

(f) count such of the constituency postal ballot papers and regional postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted;

(g) deliver or cause to be delivered to the returning officer at the local government election to which the ballot papers relate–

(i) the containers referred to in sub-paragraph (c) above, together with a list of them and of the contents of each; and

(ii) the ballot paper accounts; and

(h) at the same time deliver, or cause to be delivered, to that returning officer the packets which so relate containing–

(i) the unused and spoilt ballot papers;

(ii) the tendered ballot papers; and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(1A) Where a constituency returning officer at a Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5 he shall–

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 52(1A) above (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container;

(b) in the present of the election agents appointed for the purposes of the election verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency ballot papers counted and the number of regional ballot papers counted.”.

Rule 67 (delivery of documents to the sheriff clerk)

19.  At the end of rule 67(1) there shall be added–

“At an election where the constituency returning officer does not discharge the functions specified in paragraph 2 of Schedule 5, this paragraph shall have effect as if paragraphs (d) and (f) were omitted.”.

Rule 70 (countermand or abandonment of poll etc. on death of candidate)

20.—(1) At the end of rule 70(1) there shall be added–

“Provided that neither the countermand of the poll at the Scottish parliamentary election nor the direction that that poll be abandoned under this paragraph shall affect the poll at the local government election.”.

(2) For paragraph (2) of rule 70 there shall be substituted:–

“(2) Where the poll at the Scottish parliamentary election is abandoned by reason of a candidate’s death, no further ballot papers at that election shall be delivered in any polling station and, at the close of the poll for the local government election, the presiding officer at any polling station shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the Scottish parliamentary election had not been abandoned, and the returning officer shall dispose of ballot papers used at the Scottish parliamentary election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but–

(a) it shall not be necessary for any Scottish parliamentary ballot paper account to be prepared or verified; and

(b) the returning officer, having separately the ballot papers relating to the local government election shall take no step or further step for the counting of the ballot papers used at the Scottish parliamentary election or of the votes and shall seal up all those ballot papers, whether the votes in them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”.

Form of directions for the guidance of the voters in voting in Schedule 5

21.  In the Appendix of forms, for form T (giving further information to voters, referred to in rule 37(5)), there shall be substituted form AD set out in the Appendix.

PART III MODIFICATIONS OF THE SCOTTISH LOCAL ELECTION RULES 1986 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 13(1) OR (2)

Modifications of the local election rules: general provision

22.—(1) Where the poll at a local government election is taken together with the poll at a Scottish parliamentary election under article 13(1) or (2), Schedule 2 to the Scottish Local Elections Rules 1986(18) shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

(2) In this Part the rules referred to in sub-paragraph (1) above are referred to as “the local election rules”.

Rule 1 of the local election rules (timetable)

23.  In rule 1 of the local election rules, in the entry relating to polling, for “8 in the morning and 9” there shall be substituted “7 in the morning and 10”.

Rule 13 of the local election rules (the ballot papers)

24.—(1) At the end of rule 13(2) of the local election rules there shall be inserted–

“(e) shall be of a different colour from that of any ballot papers used at a Scottish parliamentary election the poll at which is taken together with the poll at the local government election.”.

(2) At the end of rule 13 of the local election rules there shall be added–

“(4) References to a Scottish parliamentary election in paragraph (2)(e) above and elsewhere in these rules refer to an election to the Scottish Parliament; and references to a Scottish parliamentary election (and to a poll at such an election) include a reference to Scottish parliamentary elections (and to polls at such elections) where the context so requires.”.

Rule 17 of the local election rules (notice of poll)

25.  At the end of rule 17 of the local election rules there shall be added–

“(5) The notice published under paragraph (4) above shall–

(a) state that the poll at the local government election is to be taken together with the poll at a Scottish parliamentary election;

(b) specify the Scottish parliamentary constituency and region and the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held; and

(c) where the polls are to be taken together in part of the local government area only, specify that part.”.

Rule 21 of the local election rules (issue of official poll cards)

26.  At the end of rule 21 of the local election rules there shall be added–

“(5) An official poll card issued under this rule may be combined with the official poll card issued at a Scottish parliamentary election.”.

Rule 22 of the local election rules (equipment of polling stations)

27.—(1) After paragraph (1) of rule 22 (equipment of polling stations) of the local election rules there shall be inserted the following paragraph–

“(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the Scottish parliamentary election.”.

(2) For rule 22(5) of the local election rules there shall be substituted–

“(5) In every compartment of every polling station there shall be exhibited the notice– “Vote once only on each ballot paper. Put no other mark on each ballot paper or your vote may not be counted.”.”.

Rule 23 of the local election rules (appointment of polling and counting agents)

28.  At the end of rule 23(3) of the local election rules there shall be added–

“Notices of the appointment of polling agents which are required by this paragraph and paragraphs (4) and (5) below to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.”.

Rule 28 of the local election rules (questions put to voters)

29.  In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 28 and in the second question of paragraph (2) of that rule, after the words “this election” there shall be inserted the words “for this local government area”.

Rule 30 of the local election rules (voting procedure)

30.  At the end of rule 30 of the local elections rules there shall be added–

“(4) The same copy of the register of electors may be used under paragraph (1) above for each election and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.”.

Rule 31 of the local election rules (votes marked by presiding officer)

31.  At the end of rule 31(2) of the local election rules there shall be added–

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”.

Rule 32 of the local election rules (voting by blind persons)

32.  At the end of rule 32(4) of the local election rules there shall be added–

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”.

Rule 33 of the local election rules (tendered ballot papers)

33.  At the end of rule 33(3) of the local election rules there shall be added–

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”.

Rule 35 of the local election rules (adjournment of poll in case of riot)

34.  At the end of paragraph (1) of rule 35 of the local election rules there shall be inserted the words “who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.”.

Rule 36 of the local election rules (procedure on close of poll)

35.  After rule 36(1) of the local election rules there shall be inserted the following paragraphs–

“(1A) The contents of the packets referred to in paragraph (1)(b), (c) and (e) above shall not be combined with the contents of the packets made under the corresponding rule that applies at a Scottish parliamentary election; nor shall the statement prepared under paragraph (3) below be so combined.

(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.”.

Rule 37 of the local election rules (attendance at counting of votes)

36.—(1) For rule 37(1) of the local election rules there shall be substituted–

“(1) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999 he shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who does discharge those functions, but not before 10am on the day following the day of the poll, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

(1A) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall make arrangements for discharging the functions under rule 38(1) (as substituted by paragraph 37 of Schedule 5 to that Order) in the presence of the counting agents appointed for the purposes of the local government election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 38(1) (as so substituted).”.

(2) In paragraph (2) of rule 37 before the words “at the counting of the votes” there shall be inserted the words “at the proceedings under rule 38(1) (as so substituted) or”.

(3) In paragraph (3) of rule 37 before the words “counting of votes” in the first place where they occur, there shall be inserted the words “proceedings under rule 38(1) (as so substituted) or the” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be,”.

Rule 38 of the local election rules (the count)

37.—(1) For paragraphs (1) of rule 38 of the local election rules there shall be substituted the following paragraphs–

“(1) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall–

(a) in the presence of the counting agents appointed for the purposes of the local government election open each ballot box;

(b) separate the ballot papers relating to the local government election from the ballot papers relating to the Scottish parliamentary election;

(c) in the presence of the counting agents appointed for the purpose of the local government election record separately the number of ballot papers for the local government election;

(d) if required to do so by a candidate or election agent in the presence of the election agents appointed for the purposes of the local government election verify each ballot paper account;

(e) count such of the postal ballot papers for the local government election as have been duly returned and record separately the number counted at each election;

(f) make up into packets the ballot papers for the Scottish parliamentary election and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate;

(g) deliver, or cause to be delivered, to the constituency returning officer for the Scottish parliamentary election to which the ballot papers relate–

(i) those containers, together with a list of them and of the contents of each; and

(ii) the ballot paper accounts; and

(h) at the same time deliver or cause to be delivered to that officer packets which so relate containing–

(i) the unused and spoilt ballot papers;

(ii) the tendered ballot papers;

(iii) the counterfoils of the used ballot papers; and

(iv) the certificates as to employment on duty on the day of the poll.

(1A) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall–

(a) following the receipt of containers from the returning officer who does discharge those functions but not before 10am on the day following the day of the poll or the time specified in the notice given under rule 37(1) (as substituted by paragraph 36 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999) in the presence of the counting agents open each container and record separately the number of ballot papers used in the election, checking the number against the ballot paper account;

(b) if required to do so by a candidate or election agent in the presence of the election agents appointed for the purposes of the local government election verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record the number counted.”.

Rule 45 of the local election rules (delivery of documents)

38.  At the end of rule 45 of the local election rules there shall be added–

“At an election where the returning officer does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.”.

Rule 48 of local election rules (countermand or abandonment of poll on death of candidate)

39.—(1) At the end of rule 48(1) of the local election rules there shall be added–

“Provided that neither the countermand of the poll at the local government election nor the direction that that poll be abandoned shall affect the poll at the Scottish parliamentary election.”.

(2) For rule 48(2) of the local election rules there shall be substituted–

“(2) Where the poll at the local government election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the Scottish parliamentary election, the presiding officer shall take the like steps for the delivery to the returning officer of the ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the local government election had not been abandoned, and the returning officer shall dispose of ballot papers used at the local government election (at which a candidate has died) as he is required to do on the completion in due course of the counting of the votes, but–

(a) it shall not be necessary for any ballot paper account at that election to be prepared or verified; and

(b) the returning officer, having separated the ballot papers relating to the Scottish parliamentary election shall take no step or further step for the counting of the ballot papers used at the local government election (at which a candidate has died) or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”.

Local election rules: form of ballot paper

40.  In the Appendix of forms in Schedule 2 to the local election rules, for the front of the form of ballot paper there shall be substituted–

Form of front of ballot paper

Local election rules: declaration of identity

41.  In the Appendix of forms in Schedule 2 to the local election rules, for the form of declaration of identity there shall be substituted form AA or, as the case may be, AE set out in the Appendix to this Order.

Local election rules: elector’s official poll card

42.  In the Appendix of forms in Schedule 2 to the local election rules, in the form of an elector’s official poll card and the form of a proxy’s official poll card for “8am to 9pm” there shall be substituted “7am to 10pm”.

Local election rules: declaration to be made by the companion of a blind voter

43.  In the Appendix of forms in Schedule 2 to the local election rules, in the form of declaration to be made by the companion of a blind voter–

(a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this Scottish parliamentary constituency”; and

(b) for the words “said election” in both places where they occur there shall be substituted the words “said elections”.

Article 85

SCHEDULE 6 LEGAL PROCEEDINGS

PART I ELECTION OR RETURN OF CONSTITUENCY MEMBER

Provision applied	Modification
Section 120 (method of questioning parliamentary election)
Section 121 (presentation and service of parliamentary election petition)
Section 122 (time for presentation or amendment of parliamentary election petition)	Omit subsection (8).
Section 123 (constitution of election court and place of trial)
Section 125 (judges' expenses and reception: Scotland)
Section 126 (attendance of House of Commons shorthand writer)	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”. In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 136 (security for costs)
Section 137 (petition at issue)
Section 138 (list of petitions)
Section 139 (trial of petition)	In subsection (3) the words from “the acceptance” to “notwithstanding”, in the third place where it occurs, shall be omitted. In subsection (6), the reference to the Parliamentary Election Rules shall be construed as a reference to the Scottish Parliamentary Election Rules in Schedule 2 to this Order.
Section 140 (witnesses)	Omit subsection (6) .
Section 141 (duty to answer relevant questions)
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	In subsections (2), (4) and (6), for “Speaker” substitute “Clerk of the Scottish Parliament”. Omit subsections (5) and (7).
Section 146 (special case for determination of High Court)	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 147 (withdrawal of petition)
Section 148 (evidence required for withdrawal of petition)	Omit subsection (6).
Section 149 (penalty for corrupt withdrawal and breach of section 148)	For “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.
Section 150 (substitution of new petitioner)
Section 151 (report on withdrawal)	In subsection (1)(a) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 152 (abatement of petition)
Section 153 (withdrawal and substitution of respondents before trial)	For subsection (1)(b) and (c) substitute: “(b) resigns or otherwise ceases to be a member of the Scottish Parliament,”. In subsection (4) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)
Section 157 (appeals and jurisdiction)	Omit subsections (1), (4) to (6) and (8).
For subsection (2) substitute: “(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as is appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish Parliamentary election petitions”.
Section 158 (report as to candidate guilty of corrupt or illegal practice)
Section 159 (candidate reported guilty of corrupt or illegal practice)	In subsection (2) for “House of Commons” substitute “Scottish Parliament”.
Section 160 (persons reported personally guilty of corrupt or illegal practices)	In subsection (4)– (a) after “Kingdom” insert “or local government election”; and (b) after “Commons”, in each place where it occurs, insert “or the Scottish Parliament”. In subsection (5) after the words “parliamentary election”, in the first place where they occur, insert “or local government election”. Subsection (6) shall be omitted.
Section 161 (justice of the peace)
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under Licensing Acts).
Section 164 (avoidance of election for general corruption etc.)
Section 165 (avoidance of election for employing corrupt agent)
Section 166 (votes to be struck off for corrupt or illegal practices)
Section 167 (application for relief)	Omit subsections (4) and (5).
Section 168 (prosecutions for corrupt practices)	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.
Section 169 (prosecutions for illegal practices)	After “exceeding” insert “the amount specified as”.
Section 170 (conviction of illegal practice on charge of corrupt practice, etc.)
Section 173 (incapacities on conviction of corrupt or illegal practice)
Section 174 (mitigation and remission etc.)	Omit subsection (6).
Section 175 (illegal payments etc.)
Section 176 (time limit for prosecutions)
Section 178 (prosecution of offences committed outside United Kingdom)
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)
Section 181 (Director of Public Prosecutions)	Omit subsections (2) to (6).
Section 183 (costs)
Section 184 (service of notices)
Section 185 (interpretation of Part III)
Section 186 (computation of time for purposes of Part III)	The reference to “section 119 above” shall be construed as a reference to article 84 and the reference to “Part II of this Act” shall be construed as a reference to Part III of this Order.

PART II ELECTION OR RETURN OF REGIONAL MEMBER

Provision applied	Modification
Section 120 (method of questioning parliamentary election)	At the end insert – “(3) No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings. (4) No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998”.
Section 121 (presentation and service of parliamentary election petition)	For subsection (2) substitute – “(2) If the petition complains of the conduct of– (a) the regional returning officer, (b) any constituency returning officer, the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.
Section 122 (time for presentation or amendment of parliamentary election petition)	“For the section substitute– 122.   An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 64 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”
Section 123 (constitution of election court and place of trial)	Omit subsections (3) and (4).
Section 125 (judges' expenses and reception: Scotland)
Section 126 (attendance of House of Commons shorthand writer)	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”. In subsection (2) for “Speaker” substitute “Secretary of State”.
Section 136 (security for costs)
Section 137 (petition at issue)
Section 139 (trial of election petition)	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”. Omit subsection (4). In subsection (6), the reference to the Parliamentary Election Rules shall be construed as a reference to the Scottish Parliamentary Election Rules in Schedule 2 to this Order.
Section 140 (witnesses)	Omit subsection (6).
Section 141 (duty to answer relevant questions)
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	In subsection (1) for the words from “the member” to “void” substitute– “(a) the member or members whose election is complained of were duly elected, (b) some other person or persons should have been declared to be elected, or (c) the election of all members for that region was void”. In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”. For subsection (3) substitute– “(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, to the extent that there is such a difference, the result of the election shall stand.”. Omit subsections (4) to (7).
Section 146 (special case for determination of High Court)	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 147 (withdrawal of petition)
Section 152 (abatement of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 157 (appeals and jurisdiction), subsections (3) and (7)
Section 160 (persons reported personally guilty of corrupt or illegal practices)	Omit subsections (1) to (3). In subsection (4)– (a) for the words “reported by an election court personally guilty” substitute “convicted”; (b) after “corrupt practice” insert “or a candidate convicted of an illegal practice”; (c) for “report” substitute “conviction”; (d) after “Kingdom” insert “or election to the Scottish Parliament”; and (e) after “Commons”, in each place where it occurs, insert “or Scottish Parliament”. In subsection (5)– (a) for the words “reported by an election court personally guilty” substitute “convicted”; (b) for “report” substitute “conviction”; (c) after the words “parliamentary election”, in the first place where they occur, insert “or local government election”; and (d) for paragraphs (a) and (b) substitute “for or within the region for which the election to the Scottish Parliament was held”. Omit subsection (6).
Section 167 (application for relief)	Omit subsections (4) and (5).
Section 168 (prosecutions for corrupt practices)	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.
Section 169 (prosecutions for illegal practices)	For the words from the beginning to “prosecution” substitute– “A person who is guilty of an illegal practice shall be liable– (a) in the case of an illegal practice under articles 41 or 42 of the Order (as applied by article 85 of the Order), on conviction on indictment to a fine; (b) in the case of any illegal practice (including the ones mentioned in paragraph (a) above), on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale; and on a prosecution”.
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 174 (mitigation and remission etc.)	Omit subsections (1) to (4) and (6). In subsection (5) omit– (a) “or the report of an election court”; and (b) omit “or report”, in both places where the words occur.
Section 175 (illegal payments etc.)	In subsection (2) omit the words from “and if” to the end.
Section 176 (time limit for prosecutions)
Section 178 (prosecution of offences committed outside United Kingdom)
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)	Omit paragraph (b). After paragraph (ii) insert – “and (iii) that a registered party named in the certificate submitted a regional list at the election,”.
Section 181 (Director of Public Prosecutions)
Section 183 (costs)
Section 184 (service of notices)
Section 185 (interpretation of Part III)	At the end, insert – ““the Order” means the Scottish Parliament (Elections etc.) Order 1999”.
Section 186 (computation of time for purposes of Part III)

Article 62(6)

SCHEDULE 7 USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

Use of rooms in school premises

1.—(1) Any arrangements for the use of a room in school premises shall be made with the education authority managing the school or, in the case of a room in the premises of a self-governing school, with the board of management of the school.

(2) Any question–

(a) as to the rooms in school premises in any constituency which a candidate for return as a constituency member is entitled to use;

(b) as to the rooms in school premises in any region which an individual candidate for return as a regional member or a registered party is entitled to use;

(c) as to the times at which that candidate or party is entitled to use them; or

(d) as to the notice which is reasonable,

shall be determined by the Secretary of State.

Lists of rooms in school premises

2.—(1) It is the duty of the proper officer of every local authority to prepare and keep for each Scottish parliamentary constituency wholly or partly situated in the area of that authority–

(a) a list of rooms in school premises;

(b) a list of meeting rooms,

which candidates for return as constituency members or individual candidates for return as regional members or registered parties are entitled to use.

(2) The list shall include the rooms in premises outside, as well as those in premises inside, the constituency.

Inspection etc. of lists

3.—(1) Subject to sub-paragraph (2) below, in the event of a publication of a notice of election any person stating himself to be, or to be authorised by–

(a) a candidate or his election agent; or

(b) a registered party’s nominating officer or the election agent of that registered party in relation to a regional list submitted by that party,

shall be entitled at all reasonable hours to inspect those lists or a copy of them.

(2) The rights conferred by sub-paragraph (1) above on an individual candidate for return as a regional member or a registered party’s nominating officer (or the election agent of such a candidate or party) shall not apply in relation to an election to fill a vacancy in the seat of a constituency member.

Article 97

SCHEDULE 8 MODIFICATION OF ENACTMENTS

PART I PUBLIC GENERAL ACTS

Reserve Forces Act 1996 (c. 14)

1.  In section 125(a) of the Reserve Forces Act 1996 (absence for voting) after “Member of Parliament” there is inserted “a Member of the Scottish Parliament”.

PART II SUBORDINATE LEGISLATION

The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)

2.  In paragraph (2) of regulation 130 of the Local Government Pension Scheme (Scotland) Regulations 1998 (separate employments etc.)–

(a) after sub-paragraph (a) “or” is omitted; and

(b) at the end there is added–

“; or

(c) as a returning officer at elections to the Scottish Parliament.”.

Rules of the Court of Session 1994 (S.I. 1994/1443)

3.—(1) In rule 69.1 of the Rules of the Court of Session 1994 (interpretation of this Chapter)–

(a) in the definition of “election petition” after the words “Act of 1983” insert the following–

“or a petition presented under Part III of the Act of 1983 as applied and modified by article 85 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 1999; and any reference in this Chapter to an election petition shall be construed as a reference to a Scottish parliamentary election petition where it is a petition brought in relation to a Scottish parliamentary election”; and

(b) after the definition of “election petition” insert the following–

““region” means a region for the purposes of the Scotland Act 1998(19); and any reference in this Chapter to a constituency shall be construed as a reference to a constituency for the purposes of the said Act of 1998 where it is used in relation to a Scottish parliamentary election;

“Scottish parliamentary election” means an election for membership of the Scottish Parliament.”.

(2) In rule 69.9 (time and place of trial) in paragraphs (1)(c) and (2) after the word “constituency” insert the words “or as the case may be, region”;

(3) In rule 69.10 (postponement of trial), in paragraph (2) after the word “constituency” insert the words “or as the case may be, region”.

(4) In rule 69.19 (application for leave to withdraw election petitions), in paragraphs 2(c) and (3), after the word “constituency” insert the words “or as the case may be, region”.

(5) In rule 69.23 (death of petitioner), in paragraphs (1)(c) and (2), after the word “constituency” insert the words “or as the case may be, region”.

(6) In rule 69.24 (applications to be substituted on death of petitioner), in paragraph (2)(c), after the word “constituency” insert the words “or as the case may be, region”.

(7) In rule 69.26 (death or peerage of respondent)–

(a) for the heading to that rule, substitute the following–

“Death, peerage or resignation of respondent”;

(b) after paragraph (1)(b), the word “or” shall be omitted; and

(c) after paragraph (1)(c), insert the following-

“, or

(d) a respondent resigns or otherwise ceases to be a member of the Scottish Parliament,”.

(8) In rule 69.27 (applications to be admitted as respondent), in paragraph (b) for the words “(death or peerage of respondent)” substitute the words “(death, peerage or resignation of respondent)”.

(9) In rule 69.29 (motions in election petitions), in paragraph (3)(d) after the word “constituency” insert the words “or as the case may be, region”.

(10) In Form 69.2 (form of Parliamentary or European parliamentary election petition), for the heading, substitute the following–

“Form of Parliamentary, European parliamentary or Scottish parliamentary election petition”.

(11) In Form 69.4 (form of bond of caution in election petition), in line 4, after the words “(name of constituency)” insert the words “or member of the Scottish Parliament for (name of constituency or region)”.

(12) In Form 69.5 (form of notice of the presentation of an election petition and of the nature of the proposed security), in line 4 of paragraph (1), after the words “European Parliament” insert the words “or member of the Scottish Parliament”.

(13) In Form 69.19 - B (form of application for leave to withdraw petition), in lines 2 and 3 for the words “Parliamentary [or European parliament constituency of” substitute the words “Parliamentary [or European Parliament or Scottish Parliamentary] constituency [or region] of”.

APPENDIX OF FORMS

FORM A Return of expenses in relation to the election of a candidate for return as a constituency member or individual candidate for election as a regional member requiring to be authorised by an election agent.

FORM B Declaration to accompany return of expenses in relation to the election of a candidate for return as a constituency member or individual candidate requiring to be authorised by an election agent.

FORM C Return of expenses requiring to be authorised by an election agent in support of a registered political party

FORM D Declaration to accompany return of expenses requiring to be authorised by an election agent in support of a registered political party

FORM E Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

FORM F Return as to election expenses: registered party.

FORM G Form of declaration to be made by election agent for a candidate for return as a constituency member or an individual candidate for return as a regional member, by such a candidate or by such a candidate who is his own election agent.

FORM H Declaration by nominating officer to accompany return as to election expenses of registered political party.

FORM I Declaration to be made by a candidate on a registered political party’s list in respect of return as election expenses of the registered party.

FORM J CONSTITUENCY NOMINATION PAPERELECTION OF A MEMBER TO SERVE IN THE SCOTTISH PARLIAMENT

FORM K INDIVIDUAL NOMINATION PAPERELECTION OF INDIVIDUAL MEMBER TO SERVE IN THE SCOTTISH PARLIAMENT

FORM L REGIONAL LISTELECTION OF MEMBERS TO SERVE IN THE SCOTTISH PARLIAMENT

FORM M Certification in relation to constituency nomination paper

FORM N Form of Front of Constituency Ballot Paper

FORM O Form of Front of Regional Ballot Paper

FORM P DECLARATION OF IDENTITY FOR APOSTAL VOTE AT SCOTTISH PARLIAMENTARY ELECTION

FORM Q

FORM R PROXY'S OFFICIAL POLL CARD

FORM S DIRECTIONS FOR THE GUIDANCE OF VOTERS IN VOTING

FORM T Notice providing further information for voters at polling station at a Scottish Parliament election other than an election for a constituency member only

FORM U CERTIFICATE OF EMPLOYMENTTHE SCOTTISH PARLIAMENT ELECTION IN THE ... ... ... ...CONSTITUENCY

FORM V SCOTTISH PARLIAMENT

FORM X Certification by the constituency returning officer in respect of the election of a member for a Scottish Parliamentary constituency.

FORM Y Certification by the regional returning officer in respect of the poll for members for a Scottish Parliamentary electoral region

FORM AA Declaration of Identity for a Postal vote at a Scottish Parliamentary election which is taken with the Local Government election and the proceedings on the issue and receipt of postal ballot papers in respect of each election are taken together.

FORM AB Declaration of identity for a postal vote at a Scottish Parliamentary election which is taken with the Local Government election and the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together.

FORM AC STATEMENT AS TO POSTAL BALLOT PAPERS

FORM AD Notice providing further information for voters at polling station at a Scottish Parliament election which is combined with a local election.

FORM AE DECLARATION OF IDENTITY FOR APOSTAL VOTE AT LOCAL GOVERNMENT ELECTION which is taken with a Scottish Parliament election and the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together.

Explanatory Note

(This note is not part of the Order)

This Order makes provision as to the conduct of elections and return of members to the Scottish Parliament (“the Parliament”) which was established by the Scotland Act 1998.

Part I of the Order contains general provisions concerning the commencement, citation and interpretation of the Order.

Part II of the Order makes provision about the franchise for the Parliament and its exercise.

Part III of the Order makes provision concerning election campaigns at Scottish parliamentary elections.

Part IV of the Order (with Schedule 6) makes provision in connection with legal proceedings.

Part V of the Order makes miscellaneous and supplemental provision, for example, in relation to the filling of certain vacancies.

Schedule 1 makes provision in respect of electors lists and registers.

Schedule 2 contains the Scottish Parliamentary Election Rules.

Schedule 3 makes provision concerning absent voting.

Schedule 4 makes provision about the issue and receipt of postal ballot papers.

Schedule 5 makes provision concerning the combination of polls.

Schedule 6 applies certain provisions of the Representation of the People Act 1983 with modifications, concerning with legal proceedings.

Schedule 7 makes provision in connection with the use of rooms in school premises and meeting rooms for election meetings.

Schedule 8 makes modifications of certain enactments which are consequential on the provision of the Order.

The Appendix sets out certain forms for use at Scottish parliamentary elections.

(1)

1998 c. 46

(2)

1983 c. 2

(3)

1985 c. 50

(4)

S.I. 1986/1111

(5)

1973 c. 65

(6)

1998 c. 48

(7)

1990 c. 42.

(8)

1996 c. 55.

(9)

1980 c. 44.

(10)

1971 c. 80.

(11)

S.I. 1984/467.

(12)

1988 c. 41.

(13)

1998 c. 29.

(14)

1981 c. 34.

(15)

1979 c. 36.

(16)

1968 c. 49

(17)

1992 c. 4.

(18)

S.I. 1986/2213.

(19)

1998 c. 46.