Regulation 11 Declaring a ballot void
Subject to paragraph (3), the Scottish Ministers may declare void a BID ballot, renewal ballot, alteration ballot or re ballot if it appears to them that a material irregularity has occurred.
In this Regulation, “material irregularity” means–
a contravention of any requirement of these Regulations which, in the opinion of the Scottish Ministers, means it is likely that voting in the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent by the contravention;
persons other than persons entitled to vote have purported to vote in the BID ballot and, in the opinion of the Scottish Ministers, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent;
persons entitled to vote have been prevented from voting or hindered from doing so freely in accordance with their own opinion and, in the opinion of the Scottish Ministers, it is likely that the result of the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, has been affected to a significant extent;
that, in the opinion of the Scottish Ministers, there has been fraudulent activity in the conduct of the ballot;
that, in the opinion of the Scottish Ministers, significant errors have been made in the matters to be included in the BID proposals as specified in Schedule 1;
that, in the opinion of the Scottish Ministers, there has been significant change in local circumstances; or
that, in the opinion of the Scottish Ministers, inadequate guidance or information has been provided to enable those eligible to vote in the BID ballot, renewal ballot, alteration ballot or re ballot (as the case may be) to vote.
Paragraph (1) shall not apply unless, by the date which is 28 days after the notice of the result is published pursuant to paragraph 17 of Schedule 2, a person (“the complainant”), being a person or group of persons referred to in paragraph (4), has made a request (by notice given in writing) to the Scottish Ministers to exercise their powers under this regulation, specifying the reason for such a request.
The persons mentioned in paragraph (3) are–
the BID proposer or the BID body;
at least 5 per cent of the number of persons entitled to vote in the BID ballot, renewal ballot, alteration or re ballot, as the case may be;
the billing body; or
the local authority.
On receipt of a request under paragraph (3), the Scottish Ministers shall notify the complainant, the billing body, the local authority, and the BID proposer or the BID body, in writing that they have received the request, and send a copy to each of them.
Where two or more requests relate to the same ballot, the Scottish Ministers may decide those requests together.
Within 28 days of the date of the notice given by the Scottish Ministers under paragraph (5), the complainant, the billing body, the local authority, and the BID proposer or the BID body, may serve on the Scottish Ministers written representations in respect of the request.
A copy of the representations made by one party shall be sent by the Scottish Ministers to the other parties and shall be accompanied by a statement explaining the effect of paragraph (9).
Any party to whom a copy of representations is sent under paragraph (8) may within 14 days of receiving them serve on the Scottish Ministers written representations in reply and the Scottish Ministers shall send a copy of any such representations to the other parties.
The Scottish Ministers shall notify the complainant, the billing body, the local authority, and the BID proposer or the BID body, in writing of their decision and where they declare void a BID ballot, renewal ballot, alteration ballot or re ballot, they shall notify the billing body and the local authority in writing requiring it to arrange for a re ballot or, as the case may be, a further re ballot to be held.
Where the Scottish Ministers declare void a BID ballot, a renewal ballot, an alteration ballot or a re ballot in relation to such a ballot and they are of the opinion that the material irregularity was caused by the actions or omissions of the BID proposer or BID body, they shall issue a notice in writing to that effect with their decision notice, and they shall include in the notice an explanation of the effect of this regulation.
Where the Scottish Ministers declare void a BID ballot, a renewal ballot, an alteration ballot or a re ballot in relation to such a ballot–
the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, to which the ballot declared void relates, shall not come into force on the commencement date; and
subject to paragraph (13), the BID arrangements, the renewed BID arrangements or the alterations to the BID arrangements, if subsequently approved in the re ballot, shall come into force on such day as the local authority determines.
The day determined under paragraph (12) shall be no later than a year after the date of the publication of the notice of the result pursuant to paragraph 17 of Schedule 2.