The Scottish Parliament (Elections etc.) Order 2007

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Revocations

   3. 3. Interpretation

3. PART II THE FRANCHISE AND ITS EXERCISE

   1. 4. Registers of electors etc

   2. 5. Registration appeals

   3. 6. Polling districts and places at elections

   4. 7. Rules for Scottish parliamentary elections

   5. 8. Manner of voting at Scottish parliamentary elections

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

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

   8. 11. Proxies at Scottish parliamentary elections

   9. 12. Voting as proxy

   10. 13. Absent voting at elections: miscellaneous

   11. 14. Combination of polls

   12. 15. Constituency returning officers

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

   14. 17. Returning officers: discharge of functions

   15. 18. Returning officers: general

   16. 19. Payments by and to returning officers

   17. 20. Taxation of returning officer’s accounts

   18. 21. Loan of equipment for Scottish parliamentary elections

   19. 22. Effect of registers

   20. 23. Effect of misdescription

   21. 24. Discharge of registration duties

   22. 25. Payment of expenses of registration

   23. 26. Personation

   24. 27. Other voting offences

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

   26. 29. Breach of official duty

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

   28. 31. False statements in nomination papers etc.

   29. 32. Requirement of secrecy

4. PART III THE ELECTION CAMPAIGN

   1. 33. Appointment of election agent

   2. 34. Nomination of sub agent

   3. 35. Office of election agent

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

   5. 37. Expenses of constituency candidate

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

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

   8. 40. Expenses incurred otherwise than for election purposes

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

   10. 42. Limitation of election expenses: candidates

   11. 43. Time for sending in and paying claims

   12. 44. Disputed claims

   13. 45. Election agent’s claim

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

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

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

   17. 49. Where no return and declaration is needed

   18. 50. Penalty for failure as respects return of declarations

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

   20. 52. Authorised excuses for failure as to return and declarations

   21. 53. Court’s power to require information from election agent or sub agent

   22. 54. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission

   23. 55. Publication of time and place of inspection of returns and declarations

   24. 56. Inspection of returns and declarations: candidates

   25. 57. Meaning of Election Expenses

   26. 58. Election Expenses – list of matters and general exclusions

   27. 59. Property, goods, services etc provided free of charge or at a discount

   28. 60. Right to send election address post free

   29. 61. Remuneration for free postal services provided

   30. 62. Broadcasting from outside United Kingdom

   31. 63. Broadcasting of local items during election period

   32. 64. Imitation poll cards and notifications

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

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

   35. 67. Disturbances at Scottish parliamentary election meetings

   36. 68. Officials not to act for candidates

   37. 69. Illegal canvassing by police officers

   38. 70. False statements as to candidates

   39. 71. Corrupt withdrawal from candidature

   40. 72. Payments for exhibition of election notices

   41. 73. Printer’s name and address on election publications

   42. 74. Prohibition of paid canvassers

   43. 75. Providing money for illegal purposes

   44. 76. Bribery

   45. 77. Treating

   46. 78. Undue influence

   47. 79. Rights of creditors

   48. 80. Savings as to Scottish parliamentary elections

   49. 81. Interpretation of Part III

   50. 82. Computation of time for purposes of Part III

5. PART IV LEGAL PROCEEDINGS

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

6. PART V MISCELLANEOUS AND SUPPLEMENTAL

   1. 84. Vacancies: constituency seats

   2. 85. Vacancies: regional member seats

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

   4. 87. Dissolution of Parliament: minimum period

   5. 88. Advertisements

   6. 89. Forms and documents: variations and translations

   7. 90. Sending of applications, notices etc

   8. 91. Interference with notices etc

   9. 92. Premises used for election purposes

   10. 93. Correction of procedural errors

   11. 94. Effect of demise of the Crown

   12. 95. Consequential amendment

7. Signature

8. 1. SCHEDULE 1

      ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS

      1. 1. Supply of free copy of full register for electoral purposes

      2. 2. Supply of full register etc under paragraphs 3 and 4: general provisions

      3. 3. Supply of full register etc to elected representatives for electoral purposes and restrictions on use

      4. 4. Supply of full register etc to certain candidates and restrictions on use

   2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART I Provisions as to time

         1. 1. Timetable

         2. 2. Timetable – Election to fill a vacancy in a constituency seat

         3. 3. Computation of time

      2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

         1. Notice of election

            1. 4. Notice of election

         2. Nomination

            1. 5. Nomination of candidate for return as a constituency member

            2. 6. Nomination of individual candidate for return as a regional member

            3. 7. Nomination of candidates on a regional list

            4. 8. Constituency nomination papers: name of registered party

            5. 9. Nomination papers and regional lists: miscellaneous

            6. 10. Consent to nomination

            7. 11. Deposit

            8. 12. Place for delivery of constituency nomination papers

            9. 13. Place for delivery of individual nomination papers and regional lists

            10. 14. Right to attend nomination

            11. 15. Decisions as to validity of constituency nomination papers

            12. 16. Decisions as to validity of individual nomination papers

            13. 17. Decisions as to validity of regional lists and as to the validity of nominations included on such a list

            14. 18. Withdrawal of candidates

            15. 19. Publication of statement of persons nominated as candidates for return as a constituency member

            16. 20. Publication of statement of persons and parties nominated for return as regional members

            17. 21. Disqualification by Representation of the People Act 1981: candidates for return as constituency members

            18. 22. Disqualification by Representation of the People Act 1981: candidates for return as regional members

            19. 23. Adjournment of nomination proceedings in the case of riot

            20. 24. Method of election: candidates for return as constituency members

            21. 25. Method of election: candidates for return as regional members

      3. PART III CONTESTED ELECTIONS

         1. General Provisions

            1. 26. Poll to be taken by ballot

            2. 27. The ballot paper: constituency candidates

            3. 28. The ballot paper: regional candidates

            4. 29. Corresponding number list

            5. 30. The official mark

            6. 31. Prohibition of disclosure of vote

            7. 32. Use of schools and public rooms

         2. Action to be taken before the poll

            1. 33. Notice of poll

            2. 34. Postal ballot papers

            3. 35. Provision of polling stations

            4. 36. Appointment of presiding officers and clerks

            5. 37. Issue of official poll cards

            6. 38. Equipment of polling stations

            7. 39. Appointment of polling and counting agents

            8. 40. Notification of requirement of secrecy

         3. The Poll

            1. 41. Admission to polling station

            2. 42. Keeping of order in station

            3. 43. Sealing of ballot boxes

            4. 44. Questions to be put to voters

            5. 45. Challenge of voter

            6. 46. Voting procedure

            7. 47. Votes marked by presiding officer

            8. 48. Voting by persons with disabilities

            9. 49. Tendered ballot papers

            10. 50. Spoilt ballot papers

            11. 51. Correction of errors on day of poll

            12. 52. Adjournment of poll in case of riot

            13. 53. Procedure on close of poll

         4. Counting of votes

            1. 54. Attendance at counting of votes

            2. 55. The count

            3. 56. Re-count: constituency election

            4. 57. Re-count: regional votes in a constituency

            5. 58. Rejected ballot papers

            6. 59. Decisions on ballot papers

            7. 60. Equality of votes: election for return of constituency members

            8. 61. Conveying results of count etc. to regional returning officer

      4. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

         1. 62. Declaration of result: constituency members

         2. 63. Attendance at allocation of seats for regional members

         3. 64. Allocation of seats

         4. 65. Equality of votes at poll for return of regional members

         5. 66. Declaration of results: regional members

         6. 67. Return or forfeiture of deposit

      5. PART V DISPOSAL OF DOCUMENTS

         1. 68. Sealing up of ballot papers

         2. 69. Delivery of documents to the sheriff clerk

         3. 70. Orders for production of documents and records

         4. 71. Retention and public inspection of documents

      6. PART VI DEATH OF CANDIDATE

         1. 72. Countermand or abandonment of poll etc. on death of candidate

      7. PART VII MISCELLANEOUS

         1. 73. Return of members and record of returns etc.

   3. SCHEDULE 3

      ABSENT VOTING

      1. 1. General requirements for applications

      2. 2. Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 9(4) or 12(5)

      3. 3. Additional requirements for applications on grounds of disability

      4. 4. Additional requirements for applications based on occupation, service or employment

      5. 5. Additional requirements for applications for a proxy vote in respect of a particular election

      6. 6. Additional requirements for applications for appointment of a proxy

      7. 7. Closing dates for applications

      8. 8. Grant or refusal of applications

      9. 9. Notice of appeal

      10. 10. Cancellation of proxy appointment

      11. 11. Inquiries by registration officer

      12. 12. Records and lists kept under articles 9, 10 and 12

      13. 13. Marked register for polling stations

   4. 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 postal voting statement

         3. 4. Persons entitled to be present at proceedings on issue of postal ballot papers

         4. 5. Persons entitled to be present at receipt of postal ballot papers

         5. 6. Notification of requirement of secrecy

         6. 7. Time when postal ballot papers are to be issued

         7. 8. Procedures on the issue of postal ballot papers

         8. 9. Refusal to issue postal ballot paper

         9. 10. Envelopes

         10. 11. Delivery of postal ballot papers

         11. 12. Security of marked lists

         12. 13. Spoilt postal ballot paper

         13. 14. Lost postal ballot paper

      3. Receipt of postal ballot papers

         1. 15. Notice of opening of postal ballot paper envelopes

         2. 16. Postal ballot boxes and receptacles

         3. 17. Receipt of covering envelope and collection of postal votes

         4. 18. Opening of postal voters' ballot box

         5. 19. Opening of covering envelopes

         6. 20. Procedure in relation to postal voting statements

         7. 21. Opening of ballot paper envelopes

         8. 22. Cancellation of postal ballot papers

         9. 23. Lists of rejected postal ballot papers

         10. 24. Checking of lists kept under paragraph 23

         11. 25. Confirming receipt of postal votes and postal voting statements

         12. 26. Sealing of receptacles

         13. 27. Abandoned poll

         14. 28. Forwarding of documents

   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 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 14(1) OR (2)

         1. 4. Modifications of the Scottish Parliamentary Election Rules: general provision

         2. 5. Rule 28 (The ballot paper: regional candidates)

         3. 6. Rule 33 (notice of poll)

         4. 7. Rule 37 (issue of official poll cards)

         5. 8. Rule 38 (equipment of polling stations)

         6. 9. Rule 39 (appointment of polling and counting agents)

         7. 10. Rule 44 (questions to be put to voters)

         8. 11. Rule 46 (voting procedure)

         9. 12. Rule 47 (votes marked by presiding officer)

         10. 13. Rule 48 (voting by persons with disabilities)

         11. 14. Rule 49 (tendered ballot papers)

         12. 15. Rule 52 (adjournment of poll in case of riot)

         13. 16. Rule 53 (procedure on close of poll)

         14. 17. Rule 54 (attendance at counting of votes)

         15. 18. Rule 55 (the count)

         16. 19. Rule 69 (delivery of documents to the sheriff clerk)

         17. 20. Rule 72 (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 GOVERNMENT ELECTIONS RULES 2007 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)

         1. 22. Modifications of the local elections rules: general provision

         2. 23. Rule 14 of the local elections rules (the ballot papers)

         3. 24. Rule 19 of the local elections rules (notice of poll)

         4. 25. Rule 23 of the local elections rules (issue of official poll cards and notifications)

         5. 26. Rule 24 of the local elections rules (equipment of polling stations)

         6. 27. Rule 25 of the local elections rules (appointment of polling and counting agents)

         7. 28. Rule 30 of the local elections rules (questions to be put to voters)

         8. 29. Rule 32 of the local elections rules (voting procedure)

         9. 30. Rule 33 of the local elections rules (votes marked by presiding officer)

         10. 31. Rule 34 of the local elections rules (voting by persons with disabilities)

         11. 32. Rule 35 of the local elections rules (tendered ballot papers)

         12. 33. Rule 38 of the local elections rules (adjournment of poll in case of riot)

         13. 34. Rule 39 of the local elections rules (procedure on close of poll)

         14. 35. Rule 40 of the local elections rules (attendance at counting of votes)

         15. 36. Rule 42 of the local elections rules (the count)

         16. 37. Rule 57 of the local elections rules (delivery of documents)

         17. 38. Rule 60 of local elections rules (countermand or abandonment of poll on death of candidate)

         18. 39. Local elections rules: postal voting statement

         19. 40. Local elections rules: declaration by the companion of a voter with disabilities

   6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART I ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART II ELECTION OR RETURN OF REGIONAL MEMBER

   7. SCHEDULE 7

      USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

      1. 1. Use of rooms in school premises

      2. 2. Lists of rooms in school premises

      3. 3. Inspection etc. of lists

   8. APPENDIX OF FORMS

      ARRANGEMENT OF FORMS

      2. FORM A

      3. FORM B

      4. FORM C

      5. FORM D

      6. FORM E

      7. FORM F

      8. FORM G

      9. FORM H

      10. FORM I

      11. FORM J

      12. FORM K

      13. FORM L

      14. FORM M

      15. FORM M1

      16. FORM N

      17. FORM N1

      18. FORM O

      19. FORM P

      20. FORM Q

      21. FORM R

      22. FORM S

      23. FORM T

      24. FORM U

      25. FORM V

      26. FORM W

      27. FORM X

      28. FORM Y

      29. FORM Z

9. Explanatory Note