Explanatory note

This Order amends a provision as to the conduct of elections for the Scottish Parliament, established by the Scotland Act 1998.

Rules 68 to 71 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2007 provide that on the completion of counting at a contested election the ballot papers and various other documents and records shall be sealed up and delivered to sheriff clerks for safe-keeping. Those rules also prescribe circumstances in which the documents and records can be scrutinised, and the parameters of such scrutiny.

This Order enables scrutiny by the Electoral Commission, where they have been asked by the Secretary of State to undertake a review of an electoral or political matter and as part of that request have also been requested to examine ballot papers. Safeguards to protect the secrecy of the vote are provided. These include the omission of any right of access to the sealed packets of the completed corresponding number lists, which link the numbers or barcodes on the ballot papers with the identifying numbers for electors.

The Electoral Commission have been consulted on the draft of this Order, as required by section 7 of the Political Parties, Elections and Referendums Act 2000.