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The Scottish Parliament (Elections etc.) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111029916

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft Order replaces the one laid on 4th November 2015 and is being issued free of charge to all known recipients of that draft Order.

Draft Order laid before the Scottish Parliament under section 115 of, and Schedule 7 to, the Scotland Act 1998, for approval by resolution of the Scottish Parliament.

Constitutional Law

Representation Of The People

Made 2015

Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 1998f1 and all other powers enabling them to do so.

In accordance with section 12(7) of that Actf2 they have consulted the Secretary of State.

In accordance with section 7(1) and (2)(g) of the Political Parties, Elections and Referendums Act 2000f3 they have consulted the Electoral Commission.

In accordance with section 115 of, and Schedule 7 to, the Scotland Act 1998f4, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1998 c.46; section 12 was amended by the Political Parties, Elections and Referendums Act 2000 (c.41) (“the 2000 Political Parties Act”), Schedule 21, paragraph 13, by the European Parliamentary Elections Act 2002 (c.24), Schedule 3, paragraph 7 and by the Scotland Act 2012 (c.11), section 1. The powers in section 113(2), (4) and (5) of the Scotland Act 1998 are extended to the Scottish Ministers by section 113(1A) of that Act, which is inserted by section 3 of the Scotland Act 2012.

f2

Section 12(7) is inserted by section 1(7) of the Scotland Act 2012.

f3

2000 c.2.

f4

Schedule 7 is amended by section 3 of the Scotland Act 2012; there are other amendments that are not relevant to this Order.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and transitional provision
  3. 2Interpretation
  4. Part 2: THE FRANCHISE AND ITS EXERCISE
  5. 3Supply of electoral registers
  6. 4Absent voting appeals
  7. 5Polling districts and places at elections
  8. 6Rules for Scottish parliamentary elections
  9. 7Manner of voting at Scottish parliamentary elections
  10. 8Absent vote at Scottish parliamentary elections for an indefinite or a particular period
  11. 9Absent vote at a particular Scottish parliamentary election and special lists
  12. 10Proxies at Scottish parliamentary elections
  13. 11Voting as proxy
  14. 12Absent voting at elections: miscellaneous
  15. 13Combination of polls
  16. 14Constituency returning officers
  17. 15Officers of local authorities to be placed at disposal of returning officers
  18. 16Returning officers: discharge of functions
  19. 17Returning officers: general
  20. 18Payments by and to returning officers
  21. 19Taxation of returning officer’s account
  22. 20Loan of equipment for Scottish parliamentary elections
  23. 21Effect of registers
  24. 22Effect of misdescription
  25. 23Discharge of registration duties
  26. 24Payment of expenses of registration duties
  27. 25Personation
  28. 26Other voting offences
  29. 27Offences relating to applications for postal and proxy votes
  30. 28Breach of official duty
  31. 29Tampering with nomination papers, ballot papers etc.
  32. 30False statements in nomination papers etc.
  33. 31Requirement of secrecy
  34. Part 3: THE ELECTION CAMPAIGN
  35. 32Appointment of election agent
  36. 33Appointment of sub-agent
  37. 34Office of election agent
  38. 35Effect of default in election agent’s appointment
  39. 36Control of donations to candidates
  40. 37Expenses of constituency candidate
  41. 38Payment of expenses through election agent: constituency and individual regional candidates
  42. 39Expenses which may be paid otherwise than by election agent
  43. 40Expenses incurred otherwise than for election purposes
  44. 41Prohibition of expenses not authorised by election agent: constituency and individual regional candidates
  45. 42Limitation of election expenses: constituency and individual regional candidates
  46. 43Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections
  47. 44Time for sending in and paying claims
  48. 45Disputed claims
  49. 46Election agent’s claim
  50. 47Return as to election expenses: constituency and individual regional candidates
  51. 48Declarations as to election expenses: constituency and individual regional candidates
  52. 49Declarations as to election expenses: candidates on a registered party’s regional list
  53. 50Where no return and declaration is needed
  54. 51Penalty for failure as respects return of declarations
  55. 52Penalty for sitting or voting where no return and declaration is transmitted
  56. 53Authorised excuses for failure as to return and declarations
  57. 54Court’s power to require information from election agent or sub-agent
  58. 55Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
  59. 56Publication of time and place of inspection of returns and declarations
  60. 57Inspection of returns and declarations: candidates
  61. 58Meaning of “election expenses”
  62. 59Election expenses — list of matters and general exclusions
  63. 60Property, goods, services etc. provided free of charge or at a discount
  64. 61Right to send election address post free
  65. 62Remuneration for free postal services provided
  66. 63Imitation poll cards and notifications
  67. 64Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  68. 65Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  69. 66Disturbances at Scottish parliamentary election meetings
  70. 67Officials not to act for candidates
  71. 68Illegal canvassing by police officers
  72. 69False statements as to candidates
  73. 70Corrupt withdrawal from candidature
  74. 71Payments for exhibition of election notices
  75. 72Details to appear on election publications
  76. 73Prohibition of paid canvassers
  77. 74Providing money for illegal purposes
  78. 75Bribery
  79. 76Treating
  80. 77Undue influence
  81. 78Rights of creditors
  82. 79Savings as to Scottish parliamentary elections
  83. 80Interpretation of Part 3
  84. 81Computation of time for purposes of Part 3
  85. Part 4: LEGAL PROCEEDINGS
  86. 82Application of certain provisions for Scottish parliamentary elections
  87. Part 5: MISCELLANEOUS AND SUPPLEMENTAL
  88. 83Vacancies: constituency seats
  89. 84Dissolution of Parliament: minimum period
  90. 85Advertisements
  91. 86Forms and documents: variations and translations
  92. 87Sending of applications, notices etc.
  93. 88Interference with notices etc.
  94. 89Premises used for election purposes
  95. 90Correction of procedural errors
  96. 91Effect of demise of the Crown
  97. 92Consequential amendment
  98. 93Revocations
  99. Signature
  100. Schedule 1: SUPPLY OF ELECTORAL REGISTERS
  101. 1Supply of free copy of full register for electoral purposes
  102. 2Supply of full register etc. under paragraphs 3 and 4: general provisions
  103. 3Supply of full register etc. to elected representatives for electoral purposes and restrictions on use
  104. 4Supply of full register etc. to certain candidates and restrictions on use
  105. 5Meaning of “edited register” and “registration area”
  106. 6Information about persons aged under 16
  107. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  108. Part 1: PROVISIONS AS TO TIME
  109. 1Timetable
  110. 2Computation of time
  111. Part 2: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  112. Chapter: Notice of election
  113. 3Notice of election
  114. Nomination
  115. 4Nomination of candidate for return as a constituency member
  116. 5Nomination of individual candidate for return as a regional member
  117. 6Nomination of candidates on a regional list
  118. 7Constituency nomination papers: name of registered party
  119. 8Nomination papers and regional lists: miscellaneous
  120. 9Consent to nomination
  121. 10Deposit
  122. 11Place for delivery of constituency nomination papers
  123. 12Place for delivery of individual nomination papers and regional lists
  124. 13Right to attend nomination
  125. 14Decisions as to validity of constituency nomination papers
  126. 15Decisions as to validity of individual nomination papers
  127. 16Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  128. 17Withdrawal of candidates
  129. 18Publication of statement of persons nominated as candidates for return as a constituency member
  130. 19Publication of statement of persons and parties nominated for return as regional members
  131. 20Correction of minor errors
  132. 21Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  133. 22Disqualification by Representation of the People Act 1981: candidates for return as regional members
  134. 23Adjournment of nomination proceedings in the case of riot
  135. 24Method of election: candidates for return as constituency members
  136. 25Method of election: candidates for return as regional members
  137. Part 3: CONTESTED ELECTIONS
  138. Chapter: General Provisions
  139. 26Poll to be taken by ballot
  140. 27The ballot paper: constituency candidates
  141. 28The ballot paper: regional candidates
  142. 29Corresponding number list
  143. 30The official mark
  144. 31Prohibition of disclosure of vote
  145. 32Use of schools and public rooms
  146. Action to be taken before the poll
  147. 33Notice of poll
  148. 34Postal ballot papers
  149. 35Provision of polling stations
  150. 36Appointment of presiding officers and clerks
  151. 37Issue of official poll cards
  152. 38Equipment of polling stations
  153. 39Appointment of polling and counting agents
  154. 40Notification of requirement of secrecy
  155. The Poll
  156. 41Admission to polling station
  157. 42Keeping of order in station
  158. 43Sealing of ballot boxes
  159. 44Questions to be put to voters
  160. 45Challenge of voter
  161. 46Voting procedure
  162. 47Votes marked by presiding officer
  163. 48Voting by persons with disabilities
  164. 49Tendered ballot papers
  165. 50Spoilt ballot papers
  166. 51Correction of errors on day of poll
  167. 52Adjournment of poll in case of riot
  168. 53Procedure on close of poll
  169. Counting of votes
  170. 54Attendance at counting of votes
  171. 55The count
  172. 56Re-count: constituency election
  173. 57Re-count: regional votes in a constituency
  174. 58Rejected ballot papers
  175. 59Decisions on ballot papers
  176. 60Equality of votes: election for return of constituency members
  177. 61Conveying results of count etc. to RRO
  178. Part 4: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  179. 62Declaration of result: constituency members
  180. 63Attendance at allocation of seats for regional members
  181. 64Allocation of seats
  182. 65Declaration of results: regional members
  183. 66Return or forfeiture of deposit
  184. Part 5: DISPOSAL OF DOCUMENTS
  185. 67Sealing up of ballot papers
  186. 68Retention of documents by CRO
  187. 69Orders for production of documents and records
  188. 70Retention and public inspection of documents
  189. Part 6: DEATH OF CANDIDATE
  190. 71Constituency election: death of independent candidate
  191. 72Constituency election: deceased independent candidate wins
  192. 73Constituency election: deceased independent candidate with equality of votes
  193. 74Constituency election: death of party candidate
  194. 75Regional election: death of candidate
  195. 76Abandoned poll
  196. Part 7: MISCELLANEOUS
  197. 77Return of members and record of returns etc.
  198. Schedule 3: ABSENT VOTING
  199. 1General requirements for applications
  200. 2Checking of signatures
  201. 3Provision of fresh signatures
  202. 4Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)
  203. 5Additional requirements for applications for proxy vote on grounds of disability
  204. 6Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course
  205. 7Additional requirements for applications for a proxy vote in respect of a particular election
  206. 8Additional requirements for applications for appointment of a proxy
  207. 9Closing dates for applications
  208. 10Grant or refusal of applications for a postal or proxy vote
  209. 11Notice of appeal
  210. 12Cancellation of proxy appointment
  211. 13Inquiries by registration officer about postal and proxy voters
  212. 14Requirement to provide fresh signatures at five yearly intervals
  213. 15Absent voting lists: form
  214. 16Absent voting lists: supply of copies, etc.
  215. 17Absent voting lists: inspection
  216. 18Supply and inspection of absent voting lists: general provisions
  217. 19Conditions on the use, supply and inspection of absent voter lists
  218. 20Conditions on the use, supply and inspection of absent voter lists
  219. 21Supply and inspection of absent voting lists: offences
  220. 22The personal identifiers record
  221. 23Use of personal identifier information
  222. 24Marked register for polling stations
  223. 25Notification of a rejected postal voting statement
  224. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  225. 1Interpretation
  226. 2Combination of polls
  227. 3Form of postal voting statement
  228. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  229. 5Persons entitled to be present at receipt of postal ballot papers
  230. 6Notification of requirement of secrecy
  231. 7Time when postal ballot papers are to be issued
  232. 8Procedures on the issue of postal ballot papers
  233. 9Refusal to issue postal ballot paper
  234. 10Envelopes
  235. 11Delivery of postal ballot papers
  236. 12Security of marked lists
  237. 13Spoilt ballot paper
  238. 14Lost postal ballot paper
  239. 15Cancellation of postal ballot papers
  240. 16Notice of opening of postal ballot paper envelopes
  241. 17Postal ballot boxes and receptacles
  242. 18Receipt of covering envelope and collection of postal votes
  243. 19Opening of postal voters’ ballot box
  244. 20Opening of covering envelopes
  245. 21Confirming receipt of postal votes and postal voting statements
  246. 22Procedure in relation to postal voting statements: personal identifier verification
  247. 23Opening of ballot paper envelopes
  248. 24Retrieval of cancelled postal ballot papers
  249. 25Lists of rejected postal ballot papers
  250. 26Checking of lists kept under paragraph 25
  251. 27Sealing of receptacles
  252. 28Abandoned poll
  253. 29Retention of documents by CRO
  254. 30Forwarding of a rejected ballot paper list by CRO
  255. Schedule 5: COMBINATION OF POLLS
  256. Part 1: GENERAL
  257. 1Returning officers and polling stations
  258. 2Functions at combined polls
  259. 3Modification of provisions about expenses in this Order and the 1983 Act
  260. Part 2: MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES
  261. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  262. 5Colour of ballot papers where polls combined
  263. 6Rule 33 (notice of poll)
  264. 7Rule 37 (issue of official poll cards)
  265. 8Rule 38 (equipment of polling stations)
  266. 9Rule 39 (appointment of polling and counting agents)
  267. 10Rule 44 (questions to be put to voters)
  268. 11Rule 46 (voting procedure)
  269. 12Rule 47 (votes marked by presiding officer)
  270. 13Rule 48 (voting by persons with disabilities)
  271. 14Rule 49 (tendered ballot papers)
  272. 15Rule 52 (adjournment of poll in case of riot)
  273. 16Rule 53 (procedure on close of poll)
  274. 17Rule 54 (attendance at counting of votes)
  275. 18Rule 55 (the count)
  276. 19Rule 69 (orders for production of documents and records)
  277. 20Countermand or abandonment of poll etc. on death of candidate
  278. Part 3: MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
  279. 21Modifications of the local elections rules: general provision
  280. 22Rule 14 of the local elections rules (the ballot papers)
  281. 23Rule 20 of the local elections rules (notice of poll)
  282. 24Rule 24 of the local elections rules (issue of official poll cards and notifications)
  283. 25Rule 25 of the local elections rules (equipment of polling stations)
  284. 26Rule 26 of the local elections rules (appointment of polling and counting agents)
  285. 27Rule 31 of the local elections rules (questions to be put to voters)
  286. 28Rule 33 of the local elections rules (voting procedure)
  287. 29Rule 34 of the local elections rules (votes marked by presiding officer)
  288. 30Rule 35 of the local elections rules (voting by persons with disabilities)
  289. 31Rule 36 of the local elections rules (tendered ballot papers)
  290. 32Rule 39 of the local elections rules (adjournment of poll in case of riot)
  291. 33Rule 40 of the local elections rules (procedure on close of poll)
  292. 34Rule 41 of the local elections rules (attendance at counting of votes)
  293. 35Rule 43 of the local elections rules (the count)
  294. 36Rule 58 of the local elections rules (delivery of documents)
  295. 37Rule 59 of the local election rules (orders for production of documents)
  296. 38Rule 65 of local elections rules (countermand or abandonment of poll on death of party candidate)
  297. 39Rule 66 of local elections rules (abandonment of poll)
  298. 40Local elections rules: postal voting statement
  299. 41Local elections rules: declaration by the companion of a voter with disabilities
  300. Schedule 6: LEGAL PROCEEDINGS
  301. 1ELECTION AND RETURN OF CONSTITUENCY MEMBER
  302. 2ELECTION AND RETURN OF REGIONAL MEMBER
  303. Schedule 7: USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS
  304. 1Use of rooms in school premises
  305. 2Lists of rooms in school premises and meeting rooms
  306. 3Inspection etc. of lists
  307. Schedule 8: ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
  308. 1Interpretation of this Schedule
  309. 2Supply of marked registers and lists after an election
  310. 3Inspection of documents open to public inspection
  311. 4Restrictions on supply and disclosure of documents open to public inspection
  312. 5Restriction on use of documents open to public inspection, or of information contained in them
  313. 6Calculating the fee for supply of marked registers or lists
  314. 7Failure to comply with conditions relating to supply etc. of certain documents
  315. Schedule 9: REVOCATIONS
  316. 1The Scottish Parliament (Elections etc.) Order 2010
  317. 2The Scottish Parliament (Elections etc.) Order 2010
  318. 3The Scottish Parliament (Elections etc.) Order 2010
  319. 4The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011
  320. 5The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012
  321. 6The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015
  322. APPENDIX OF FORMS
  323. CONTENTS
  324. Explanatory note