The Scottish Parliament (Elections etc.) Order 2010

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement, transitional and saving provisions

    2. 2.Interpretation

  3. PART 2 THE FRANCHISE AND ITS EXERCISE

    1. 3.Registers of electors etc

    2. 4.Registration appeals

    3. 5.Polling districts and places at elections

    4. 6.Rules for Scottish parliamentary elections

    5. 7.Manner of voting at Scottish parliamentary elections

    6. 8.Absent vote at Scottish parliamentary elections for an indefinite or a particular period

    7. 9.Absent vote at a particular Scottish parliamentary election and special lists

    8. 10.Proxies at Scottish parliamentary elections

    9. 11.Voting as proxy

    10. 12.Absent voting at elections: miscellaneous

    11. 13.Combination of polls

    12. 14.Constituency returning officers

    13. 15.Officers of councils to be placed at disposal of returning officers

    14. 16.Returning officers: discharge of functions

    15. 17.Returning officers: general

    16. 18.Payment by and to returning officers

    17. 19.Taxation of returning officer’s account

    18. 20.Loan of equipment for Scottish parliamentary elections

    19. 21.Effect of registers

    20. 22.Effect of misdescription

    21. 23.Discharge of registration duties

    22. 24.Payment of expenses of registration

    23. 25.Personation

    24. 26.Other voting offences

    25. 27.Offences relating to applications for postal and proxy votes

    26. 28.Breach of official duty

    27. 29.Tampering with nomination papers, ballot papers etc.

    28. 30.False statements in nomination papers etc.

    29. 31.Requirement of secrecy

  4. PART 3 THE ELECTION CAMPAIGN

    1. 32.Appointment of election agent

    2. 33.Appointment of sub-agent

    3. 34.Office of election agent

    4. 35.Effect of default in election agent’s appointment

    5. 36.Control of donations to candidates

    6. 37.Expenses of constituency candidate

    7. 38.Payment of expenses through election agent: constituency and individual regional candidates

    8. 39.Expenses which may be paid otherwise than by election agent

    9. 40.Expenses incurred otherwise than for election purposes

    10. 41.Prohibition of expenses not authorised by election agent: constituency and individual regional candidates

    11. 42.Limitation of election expenses: constituency and individual regional candidates

    12. 43.Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections

    13. 44.Time for sending in and paying claims

    14. 45.Disputed claims

    15. 46.Election agent’s claim

    16. 47.Return as to election expenses: constituency and individual regional candidates

    17. 48.Declarations as to election expenses: constituency and individual regional candidates

    18. 49.Declarations as to election expenses: candidates on a registered party’s regional list

    19. 50.Where no return and declaration is needed

    20. 51.Penalty for failure as respects return of declarations

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

    22. 53.Authorised excuses for failure as to return and declarations

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

    24. 55.Duty of appropriate returning officer to forward returns and declarations to Electoral Commission

    25. 56.Publication of time and place of inspection of returns and declarations

    26. 57.Inspection of returns and declarations: candidates

    27. 58.Meaning of “election expenses”

    28. 59.Election expenses — list of matters and general exclusions

    29. 60.Property, goods, services etc provided free of charge or at a discount

    30. 61.Right to send election address post free

    31. 62.Remuneration for free postal services provided

    32. 63.Broadcasting from outside United Kingdom

    33. 64.Broadcasting of local items during election period

    34. 65.Imitation poll cards and notifications

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

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

    37. 68.Disturbances at Scottish parliamentary election meetings

    38. 69.Officials not to act for candidates

    39. 70.Illegal canvassing by police officers

    40. 71.False statements as to candidates

    41. 72.Corrupt withdrawal from candidature

    42. 73.Payments for exhibition of election notices

    43. 74.Details to appear on election publications

    44. 75.Prohibition of paid canvassers

    45. 76.Providing money for illegal purposes

    46. 77.Bribery

    47. 78.Treating

    48. 79.Undue influence

    49. 80.Rights of creditors

    50. 81.Savings as to Scottish parliamentary elections

    51. 82.Interpretation of Part 3

    52. 83.Computation of time for purposes of Part 3

  5. PART 4 LEGAL PROCEEDINGS

    1. 84.Application of certain provisions for Scottish parliamentary elections

  6. PART 5 MISCELLANEOUS AND SUPPLEMENTAL

    1. 85.Vacancies: constituency seats

    2. 86.Vacancies: regional member seats

    3. 87.Modification of section 10 of the 1998 Act

    4. 88.Dissolution of Parliament: minimum period

    5. 89.Advertisements

    6. 90.Forms and documents: variations and translations

    7. 91.Sending of applications, notices etc.

    8. 92.Interference with notices etc.

    9. 93.Premises used for election purposes

    10. 94.Correction of procedural errors

    11. 95.Effect of demise of the Crown

    12. 96.Consequential amendment

    13. 97.Revocations

  7. Signature

    1. SCHEDULE 1

      ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS

    2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART 1 PROVISIONS AS TO TIME

      2. PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

      3. PART 3 CONTESTED ELECTIONS

      4. PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

      5. PART 5 DISPOSAL OF DOCUMENTS

      6. PART 6 DEATH OF CANDIDATE

      7. PART 7 MISCELLANEOUS

    3. SCHEDULE 3

      ABSENT VOTING

    4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

    5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART 1 GENERAL

      2. PART 2 MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES

      3. PART 3 MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

    6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART 1 ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART 2 ELECTION OR RETURN OF REGIONAL MEMBER

    7. SCHEDULE 7

      USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS

    8. SCHEDULE 8

      ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

    9. SCHEDULE 9

      REVOCATIONS

    10. APPENDIX OF FORMS

  9. Explanatory Note