Paragraph 2 Functions at combined polls

(1)

The functions referred to in paragraph 1 are the functions conferred or imposed—

(a)

at a Scottish parliamentary election by those rules in the Scottish Parliamentary Election Rules which are specified in sub-paragraph (2); and

(b)

at a local government election, by those rules in the rules made under sections 3 and 16 of the Local Governance (Scotland) Act 2004^f1 which correspond to the provisions specified in sub-paragraph (2),

and, where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, the functions conferred or imposed by that Schedule and by Part 5 of the 2001 Regulations^f2.

(2)

The rules referred to in sub-paragraph (1) are—

(a)

rule 33(2)(a) (notice of situation of polling stations);

(b)

where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, rule 34 (postal ballot papers);

(c)

rule 35 (provision of polling stations);

(d)

rule 36(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e)

rule 38 (equipment of polling stations);

(f)

rule 40(1) (notification of requirement of secrecy at polling station);

(g)

rule 41(4) (signature of certificate as to employment);

(h)

rule 42(2)(b) (authorisation to order removal from polling station); and

(i)

in rule 55 paragraph (1) (the count) (as substituted by paragraph 18 of this Schedule) and paragraph (5).

Annotations

Footnotes

f1: 2004 asp 9; section 3 was amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006, (asp 14), section 34(6); section 16 was amended by the Scottish Local Government (Elections) Act 2009 (asp 10), section 2. The current rules are the Scottish Local Government Elections Rules 2011, comprising Schedule 1 to the Scottish Local Government Elections Order 2011 (S.S.I. 2011/399, amended by S.S.I. 2012/60 and S.S.I. 2012/342).
f2: Part 5 has been amended by S.I. 2002/1872, S.I. 2006/834, S.I. 2007/925, S.I. 2008/305 and S.I. 2010/930.