http://www.legislation.gov.uk/id/uksi/1999/787

http://www.legislation.gov.uk/uksi/1999/787/part/IV/made

The Scottish Parliament (Elections etc.) Order 1999

General elections

Voting

Local elections

Mayoral elections

Electoral registration

King's Printer of Acts of Parliament

2016-06-09

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

This Order makes provision as to the conduct of elections and return of members to the Scottish Parliament (“the Parliament”) which was established by the Scotland Act 1998.

The Scottish Parliament (Elections etc.) Order 1999

Appx Forms AA AB

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

22(1)

(4)

The Scottish Parliament (Elections etc.) Order 1999

Appx

Form G

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

22(1)

(2)

The Scottish Parliament (Elections etc.) Order 1999

Appx

Form P

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

22(1)

(4)

The Scottish Parliament (Elections etc.) Order 1999

Appx

Form V

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

22(1)

(3)

The Scottish Parliament (Elections etc.) Order 1999

art 54A

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 4

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(2)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 5

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(3)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 6

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(4)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 7

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(5)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 19

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(6)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 37

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(7)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 40

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(8)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 47

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(9)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 51

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(10)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2 Pt II

rule 53

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

18(1)

(11)

The Scottish Parliament (Elections etc.) Order 1999

Sch 4

para 3A

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

20(1)

(3)

The Scottish Parliament (Elections etc.) Order 1999

Sch 4

para 13A

The Scottish Parliament (Elections etc.) (Amendment) Order 2001

arts 3

20(1)

(10)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2

rule 1

The Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001

art 3(1)–(3)

The Scottish Parliament (Elections etc.) Order 1999

Sch 2

rule 1A

The Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001

art 3(1)

(4)

The Scottish Parliament (Elections etc.) Order 1999

Order

The Scottish Parliament (Elections etc.) Order 2002

art. 2(1)(a)

art. 2(2)

art. 1

PART IVLEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections85

1

The provisions of the 1983 Act which are specified in the left-hand column of Part I of Schedule 6 to this Order shall, subject to–

a

any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

b

paragraph (2) below; and

c

any modifications necessary in consequence of those provisions,

apply for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.

2

The provisions of the 1983 Act which are specified in the left hand column of Part II of Schedule 6 to this Order shall, subject to–

a

any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

b

paragraph (2) below; and

c

any modifications necessary in consequence of those provisions,

apply for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.

3

Unless the context otherwise requires, in the provisions applied by Schedule 6 to this Order–

a

any provision relating to a local government election or local government electors and references in connection therewith (including a reference to a petition questioning an election under the Local Government (Scotland) Act 1973) shall be disregarded;

b

any reference to a parliamentary election (except the references specified in paragraph (c) below) shall be construed as a reference to a Scottish parliamentary election and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;

c

any reference to a constituency (or parliamentary constituency) shall be construed–

i

in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;

ii

in relation to any election or return of a regional member, as a reference to a region;

d

any reference to promoting or procuring the election of a candidate shall be construed as a reference to promoting or procuring the giving of a vote for a particular candidate or registered party at the election;

e

any reference to a candidate, other than the one referred to in sub-paragraph (d) above, shall be construed as a reference to either–

i

a candidate on a registered party’s regional list; or

ii

an individual candidate,

as the case may be;

f

any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;

g

any reference to a member in the context of a Member of Parliament shall be construed as a reference to a member of the Scottish Parliament;

h

any reference to a parliamentary election petition (except in the context of the rota for the trial of parliamentary election petitions) shall be construed as a reference to a Scottish parliamentary election petition;

i

any reference to the High Court shall be construed as a reference to the Court of Session and any reference to the County Court or a judge of that Court shall be construed as a reference to the sheriff court or Sheriff;

j

any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;

k

any reference to a return in the context of a return to the writ of election (and the return to Parliament) shall be construed as a reference to the declaration of the result by the returning officer under rule 60 or, as the case may be, 64 of the Scottish Parliamentary Election Rules;

l

any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Part of this Order; and

m

any references to an offence under the 1983 Act or to a practice (or payment, employment or hiring) made corrupt or illegal by any provision of that Act shall be construed, subject to any necessary modifications, as a reference to the offence under, or practice, payment, employment or hiring made illegal by the corresponding provision of this Order.

4

The references to “parliamentary election” to which paragraph (2)(b) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.