The Scottish Parliament (Elections etc.) Order 2015

1Citation, commencement and transitional provision

2Interpretation

PART 2THE FRANCHISE AND ITS EXERCISE

3Supply of electoral registers

4Absent voting appeals

5Polling districts and places at elections

6Rules for Scottish parliamentary elections

7Manner of voting at Scottish parliamentary elections

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

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

10Proxies at Scottish parliamentary elections

11Voting as proxy

12Absent voting at elections: miscellaneous

13Combination of polls

14Constituency returning officers

15Officers of local authorities to be placed at disposal of returning officers

16Returning officers: discharge of functions

17Returning officers: general

18Payments by and to returning officers

19Taxation of returning officer’s account

20Loan of equipment for Scottish parliamentary elections

21Effect of registers

22Effect of misdescription

23Discharge of registration duties

24Payment of expenses of registration duties

26Other voting offences

27Offences relating to applications for postal and proxy votes

28Breach of official duty

29Tampering with nomination papers, ballot papers etc.

30False statements in nomination papers etc.

31Requirement of secrecy

PART 3THE ELECTION CAMPAIGN

32Appointment of election agent

33Appointment of sub-agent

34Office of election agent

35Effect of default in election agent’s appointment

36Control of donations to candidates

37Expenses of constituency candidate

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

39Expenses which may be paid otherwise than by election agent

40Expenses incurred otherwise than for election purposes

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

42Limitation of election expenses: constituency and individual regional candidates

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

44Time for sending in and paying claims

45Disputed claims

46Election agent’s claim

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

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

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

50Where no return and declaration is needed

51Penalty for failure as respects return of declarations

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

53Authorised excuses for failure as to return and declarations

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

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

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

57Inspection of returns and declarations: candidates

58Meaning of “election expenses”

59Election expenses — list of matters and general exclusions

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

61Right to send election address post free

62Remuneration for free postal services provided

63Imitation poll cards and notifications

64Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

65Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

66Disturbances at Scottish parliamentary election meetings

67Officials not to act for candidates

68Illegal canvassing by police officers

69False statements as to candidates

70Corrupt withdrawal from candidature

71Payments for exhibition of election notices

72Details to appear on election publications

73Prohibition of paid canvassers

74Providing money for illegal purposes

77Undue influence

78Rights of creditors

79Savings as to Scottish parliamentary elections

80Interpretation of Part 3

81Computation of time for purposes of Part 3

PART 4LEGAL PROCEEDINGS

82Application of certain provisions for Scottish parliamentary elections

PART 5MISCELLANEOUS AND SUPPLEMENTAL

83Vacancies: constituency seats

84Dissolution of Parliament: minimum period

85Advertisements

86Forms and documents: variations and translations

87Sending of applications, notices etc.

88Interference with notices etc.

89Premises used for election purposes

90Correction of procedural errors

91Effect of demise of the Crown

92Consequential amendment

SCHEDULE 1SUPPLY OF ELECTORAL REGISTERS

1Supply of free copy of full register for electoral purposes

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

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

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

5Meaning of “edited register” and “registration area”

6Information about persons aged under 16

SCHEDULE 2SCOTTISH PARLIAMENTARY ELECTION RULES

PART 1PROVISIONS AS TO TIME

2Computation of time

PART 2STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

3Notice of election

4Nomination of candidate for return as a constituency member

5Nomination of individual candidate for return as a regional member

6Nomination of candidates on a regional list

7Constituency nomination papers: name of registered party

8Nomination papers and regional lists: miscellaneous

9Consent to nomination

11Place for delivery of constituency nomination papers

12Place for delivery of individual nomination papers and regional lists

13Right to attend nomination

14Decisions as to validity of constituency nomination papers

15Decisions as to validity of individual nomination papers

16Decisions as to validity of regional lists and as to the validity of nominations included on such a list

17Withdrawal of candidates

18Publication of statement of persons nominated as candidates for return as a constituency member

19Publication of statement of persons and parties nominated for return as regional members

20Correction of minor errors

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

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

23Adjournment of nomination proceedings in the case of riot

24Method of election: candidates for return as constituency members

25Method of election: candidates for return as regional members

PART 3CONTESTED ELECTIONS

General Provisions

26Poll to be taken by ballot

27The ballot paper: constituency candidates

28The ballot paper: regional candidates

29Corresponding number list

30The official mark

31Prohibition of disclosure of vote

32Use of schools and public rooms

Action to be taken before the poll

33Notice of poll

34Postal ballot papers

35Provision of polling stations

36Appointment of presiding officers and clerks

37Issue of official poll cards

38Equipment of polling stations

39Appointment of polling and counting agents

40Notification of requirement of secrecy

41Admission to polling station

42Keeping of order in station

43Sealing of ballot boxes

44Questions to be put to voters

45Challenge of voter

46Voting procedure

47Votes marked by presiding officer

48Voting by persons with disabilities

49Tendered ballot papers

50Spoilt ballot papers

51Correction of errors on day of poll

52Adjournment of poll in case of riot

53Procedure on close of poll

Counting of votes

54Attendance at counting of votes

56Re-count: constituency election

57Re-count: regional votes in a constituency

58Rejected ballot papers

59Decisions on ballot papers

60Equality of votes: election for return of constituency members

61Conveying results of count etc. to RRO

PART 4FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

62Declaration of result: constituency members

63Attendance at allocation of seats for regional members

64Allocation of seats

65Declaration of results: regional members

66Return or forfeiture of deposit

PART 5DISPOSAL OF DOCUMENTS

67Sealing up of ballot papers

68Retention of documents by CRO

69Orders for production of documents and records

70Retention and public inspection of documents

PART 6DEATH OF CANDIDATE

71Constituency election: death of independent candidate

72Constituency election: deceased independent candidate wins

73Constituency election: deceased independent candidate with equality of votes

74Constituency election: death of party candidate

75Regional election: death of candidate

76Abandoned poll

PART 7MISCELLANEOUS

77Return of members and record of returns etc.

SCHEDULE 3ABSENT VOTING

1General requirements for applications

2Checking of signatures

3Provision of fresh signatures

4Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)

5Additional requirements for applications for proxy vote on grounds of disability

6Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course

7Additional requirements for applications for a proxy vote in respect of a particular election

8Additional requirements for applications for appointment of a proxy

9Closing dates for applications

10Grant or refusal of applications for a postal or proxy vote

11Notice of appeal

12Cancellation of proxy appointment

13Inquiries by registration officer about postal and proxy voters

14Requirement to provide fresh signatures at five yearly intervals

15Absent voting lists: form

16Absent voting lists: supply of copies, etc.

17Absent voting lists: inspection

18Supply and inspection of absent voting lists: general provisions

19Conditions on the use, supply and inspection of absent voter lists

20(1) This paragraph applies to any person who has obtained...

21Supply and inspection of absent voting lists: offences

22The personal identifiers record

23Use of personal identifier information

24Marked register for polling stations

25Notification of a rejected postal voting statement

SCHEDULE 4ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

1Interpretation

2Combination of polls

3Form of postal voting statement

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

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

6Notification of requirement of secrecy

7Time when postal ballot papers are to be issued

8Procedures on the issue of postal ballot papers

9Refusal to issue postal ballot paper

11Delivery of postal ballot papers

12Security of marked lists

13Spoilt ballot paper

14Lost postal ballot paper

15Cancellation of postal ballot papers

16Notice of opening of postal ballot paper envelopes

17Postal ballot boxes and receptacles

18Receipt of covering envelope and collection of postal votes

19Opening of postal voters’ ballot box

20Opening of covering envelopes

21Confirming receipt of postal votes and postal voting statements

22Procedure in relation to postal voting statements: personal identifier verification

23Opening of ballot paper envelopes

24Retrieval of cancelled postal ballot papers

25Lists of rejected postal ballot papers

26Checking of lists kept under paragraph 25

27Sealing of receptacles

28Abandoned poll

29Retention of documents by CRO

30Forwarding of a rejected ballot paper list by CRO

SCHEDULE 5COMBINATION OF POLLS

1Returning officers and polling stations

2Functions at combined polls

3Modification of provisions about expenses in this Order and the 1983 Act

PART 2MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES

4Modifications of the Scottish Parliamentary Election Rules: general provision

5Colour of ballot papers where polls combined

6Rule 33 (notice of poll)

7Rule 37 (issue of official poll cards)

8Rule 38 (equipment of polling stations)

9Rule 39 (appointment of polling and counting agents)

10Rule 44 (questions to be put to voters)

11Rule 46 (voting procedure)

12Rule 47 (votes marked by presiding officer)

13Rule 48 (voting by persons with disabilities)

14Rule 49 (tendered ballot papers)

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

16Rule 53 (procedure on close of poll)

17Rule 54 (attendance at counting of votes)

18Rule 55 (the count)

19Rule 69 (orders for production of documents and records)

20Countermand or abandonment of poll etc. on death of candidate

PART 3MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

21Modifications of the local elections rules: general provision

22Rule 14 of the local elections rules (the ballot papers)

23Rule 20 of the local elections rules (notice of poll)

24Rule 24 of the local elections rules (issue of official poll cards and notifications)

25Rule 25 of the local elections rules (equipment of polling stations)

26Rule 26 of the local elections rules (appointment of polling and counting agents)

27Rule 31 of the local elections rules (questions to be put to voters)

28Rule 33 of the local elections rules (voting procedure)

29Rule 34 of the local elections rules (votes marked by presiding officer)

30Rule 35 of the local elections rules (voting by persons with disabilities)

31Rule 36 of the local elections rules (tendered ballot papers)

32Rule 39 of the local elections rules (adjournment of poll in case of riot)

33Rule 40 of the local elections rules (procedure on close of poll)

34Rule 41 of the local elections rules (attendance at counting of votes)

35Rule 43 of the local elections rules (the count)

36Rule 58 of the local elections rules (delivery of documents)

37Rule 59 of the local election rules (orders for production of documents)

38Rule 65 of local elections rules (countermand or abandonment of poll on death of party candidate)

39Rule 66 of local elections rules (abandonment of poll)

40Local elections rules: postal voting statement

41Local elections rules: declaration by the companion of a voter with disabilities

SCHEDULE 6LEGAL PROCEEDINGS

PART 1ELECTION AND RETURN OF CONSTITUENCY MEMBER

PART 2ELECTION AND RETURN OF REGIONAL MEMBER

SCHEDULE 7USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS

1Use of rooms in school premises

2Lists of rooms in school premises and meeting rooms

3Inspection etc. of lists

SCHEDULE 8ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

1Interpretation of this Schedule

2Supply of marked registers and lists after an election

3Inspection of documents open to public inspection

4Restrictions on supply and disclosure of documents open to public inspection

5Restriction on use of documents open to public inspection, or of information contained in them

6Calculating the fee for supply of marked registers or lists

7Failure to comply with conditions relating to supply etc. of certain documents

SCHEDULE 9REVOCATIONS

1The Scottish Parliament (Elections etc.) Order 2010

2Subject to paragraph 3, the 2010 Order is revoked.

3The following provisions of the 2010 Order are not revoked—...

4The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011

5The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

6The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015

APPENDIX OF FORMS

2015 No. 425

Constitutional Law

Representation Of The People

The Scottish Parliament (Elections etc.) Order 2015

Made15th December 2015

Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 19981 and all other powers enabling them to do so.

In accordance with section 12(7) of that Act2 they have consulted the Secretary of State.

In accordance with section 7(1) and (2)(g) of the Political Parties, Elections and Referendums Act 20003 they have consulted the Electoral Commission.

In accordance with section 115 of, and Schedule 7 to, the Scotland Act 19984, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.