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The Scottish Parliament (Elections etc.) Order 2015, Paragraph 38 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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38.—(1) The CRO shall provide each presiding officer with such number of ballot boxes and ballot papers as in the CRO’s opinion may be necessary and at a Scottish parliamentary general election separate ballot boxes shall 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(2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.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 CRO shall provide each polling station with—
(a)materials to enable voters to mark the ballot papers;
(b)copies of the polling register or such part of it as contains the entries relating to electors allotted to the station;
(c)the parts of any list of proxies prepared for the election corresponding to the polling register or the part of it provided under sub-paragraph (b);
(d)a list containing that part of the list prepared under rule 29 which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station (“corresponding number list”);
(e)copies of forms and declarations and other documents required for the purpose of the poll; and
(f)at least one list showing the names of the candidates who appear on the regional list of each party shown on any regional ballot paper, followed by the names of the individual candidates, as given in the statement prepared under rule 19 and arranged in the order in which their names appear on that list.
(4) The CRO shall also provide each polling station with—
(a)at least one enlarged sample copy of a constituency ballot paper and any regional ballot paper for display at the station and at least one enlarged hand-held sample copy of that or those ballot papers for the assistance of voters who are partially sighted (in each case marked as required by article 86); and
(b)a device of the description set out in paragraphs (5) to (10), for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 48(1)).
(5) The device referred to in paragraph (4)(b) shall be such that—
(a)it satisfies the conditions in paragraphs (6) to (10);
(b)a ballot paper can—
(i)be inserted into, and removed from, it; or
(ii)be attached to, and detached from, it; and
(c)the ballot paper will remain firmly in place once inserted into, or attached to, the device.
(6) There shall be sufficient space to allow the particulars of each candidate and, where appropriate, registered party named on the ballot paper to be clearly shown.
(7) There shall be a separate hole in the device for each candidate and, where appropriate, registered party, named on the ballot paper.
(8) Each hole in the device shall be of equal size.
(9) Each hole shall be positioned to frame the space to the right of the particulars of the candidate or registered party (as the case may be) on which the vote may be marked (“the relevant space”).
(10) Each hole shall be sufficiently large to allow a voter to mark a cross in the relevant space on the ballot paper.
(11) A notice in the form N1 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.
(12) At a Scottish parliamentary general election a notice in the form O set out in the Appendix, giving information for voters, shall be exhibited in every compartment of every polling station.
(13) The statements required by rule 18 (statement of persons nominated as candidates for return as a constituency member) and (except in the case of a poll to fill a vacancy in the seat of a constituency member) rule 19 (statement of persons and parties nominated for return as regional members) 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.
Commencement Information
I1Sch. 2 para. 38 in force at 16.12.2015 in accordance with art. 1(1)
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