The Scottish Parliament (Elections etc.) (Amendment) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to the Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937 (S.3) (“the Conduct Order”).

In the main, this Order implements changes made by the Electoral Administration Act 2006, which (amongst other matters) provided for enhanced anti-fraud measures. These include the introduction, by section 14 of the 2006 Act, of a requirement that persons wishing to vote by post, by proxy or by postal proxy must provide their signature and date of birth when applying.

Article 2 makes consequential amendments to interpretation provisions in the 2007 Order.

Articles 3, 4 and 6 make provision for the supply of signatures and dates of birth in connection with absent voting applications. These provisions mirror changes introduced for Parliamentary elections by section 14 of the Electoral Administration Act 2006.

Article 5 makes a consequential change to article 11 of the Conduct Order, to preserve an existing requirement for applications under that article to be signed by the applicant.

It is already an offence to make a false statement in connection with an application for a postal or proxy vote. Article 7 clarifies that the provision of false information in such connection is also an offence.

Article 8 provides that a postal ballot paper is not duly returned if accompanied by a postal voting statement which lacks the date of birth of the elector or proxy, nor is it duly returned if on verification the date of birth or signature is not acceptable.

Article 9 deals with circumstances where a person is entitled to a waiver from the requirement to provide a signature. It also updates the requirements as to how an application for an absent vote must be presented, to take account of these requirements and to allow for electronic scanning on a consistent basis.

Article 10 specifies that the registration officer may satisfy himself or herself as to the authenticity of the personal identifiers provided by using other records that he or she is entitled to inspect. It also allows further enquiry where an exemption is sought from the obligation to provide a signature and enables a person to update the signature held by a registration officer.

Article 11 provides that fresh signatures are to be required by every fifth anniversary of a person being recorded as a postal voter, proxy voter or postal proxy voter.

Article 12 inserts new paragraph 12A into Schedule 3 to the 2007 Order. This specifies the contents of the record of personal identifiers that the registration officer must keep and provide to constituency returning officers for use at elections. It also provides for the use of signatures, and in particular for the provision of records for use at elections.

Articles 13 and 17 make provision for two receptacles that are required in consequence of the new procedures.

Article 14 provides that following receipt of postal ballot papers at least a fifth of the returned postal votes must be set aside for personal identifier checks, and article 16 inserts new paragraphs 20A and 20B into Schedule 4 to the 2007 Order, to specify the procedure for verifying the personal identifiers provided in postal voting statements.

Article 18 substitutes a new Form W, which collects relevant statistics on postal ballot papers. The new form is designed to collect information relating to the verification procedures in connection with personal identifiers. Other forms have also been updated so that they take account of the use of personal identifiers and provide relevant information to voters.

Part 3 of the Order makes transitional arrangements in consequence of the requirement for applicants for proxy or postal voting to provide personal identifiers (a signature and date of birth). Article 20 provides that no applications without personal identifiers shall be granted from the date that the new provisions commence. The following arrangements provide for the capture of the personal identifiers of those who are existing absent voters.

Article 21 requires a registration officer to send a written notice to all existing absent voters whose records do not contain personal identifiers, requiring that they supply the required personal identifiers. An absent voter will have a period of six weeks within which to respond. Where no response is received within the first three weeks, the registration officer is required to send a copy of the notice to the absent voter.

Article 22 specifies the information that must be included in the notice sent to existing absent voters together with the information that must be included with the notice or copy of the notice.

Article 23 requires the registration officer to determine whether an absent voter has failed or refused to provide the required personal identifiers. It also allows for continuation of an existing exemption from the requirement for a signature if the absent voter is disabled, unable to read or write, or unable to sign consistently for either of these reasons.

Article 24 specifies the consequences of a refusal or failure to provide the required personal identifiers. An existing absent voter will cease to be entitled to vote by post, by proxy or by post as proxy and any entry relating to the absent voter in the absent voting records must be removed. The registration officer must notify the absent voter and provide him or her with information explaining the effect of the removal of the entry and reminding him or her of the ability to make a fresh application for an absent vote under article 9, 10 or 12 of the Conduct Order (which application will require to be accompanied by the personal identifiers).

Part 4 makes miscellaneous amendments to the Conduct Order.

Article 25 amends a reference to “the absent voter list”, to remove any uncertainty, as there are now three special lists of postal or proxy voters at each Scottish Parliamentary election.

Article 26 amends some wording in Schedule 2, for stylistic consistency and to avoid potential for confusion.

Article 27 corrects two paragraph references in Schedule 5.