The Scottish Parliament (Elections etc.) Order 2007

Rule 55 (the count)

18.  For rule 55(1) there shall be substituted–

“(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5 he shall–

(a) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election open each ballot box;

(b) if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means, separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election;

(c) if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means, make up into packets the ballot papers for the local government election (including any postal ballot papers which have been duly returned) and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate;

(d) in the presence of the election agents appointed for the purpose of the Scottish parliamentary election, record separately the number of ballot papers there are in each box (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, count separately the number of constituency ballot papers and regional ballot papers there are in each box);

(e) in the presence of those election agents verify each ballot paper account in relation to the ballot papers for the Scottish parliamentary election;

(f) count such of the postal ballot papers as have been duly returned and record their number (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted);

(g) deliver or cause to be delivered to the returning officer at the local government election to which the ballot papers relate–

(i) the containers referred to in sub-paragraph (c), together with a list of them and of the contents of each; and

(ii) the ballot paper accounts; and

(h) at the same time deliver, or cause to be delivered, to that returning officer the packets which so relate containing–

(i) the unused and spoilt ballot papers;

(ii) the tendered ballot papers; and

(iii) the corresponding number lists of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(1A) Where a constituency returning officer at a Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5 he shall–

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 54(1A) (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of ballot papers there are in each container (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container);

(b) in the presence of the election agents appointed for the purposes of the election verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record their number (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, record separately the number of constituency ballot papers counted and the number of regional ballot papers counted).”.