Referendums (Scotland) Act 2020
2020 asp 2 · Enacted 29 January 2020 · Extends to Scotland
An Act of the Scottish Parliament to make provision about the holding of referendums throughout Scotland.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th December 2019 and received Royal Assent on 29th January 2020
Contents
- Referendums
- 1Referendums to which this Act applies
- 2Referendum questions
- Power to change date of referendum if UK election on same date
- 3Power to change date of referendum if UK election on same date
- Franchise
- 4Those who are entitled to vote
- 5Those who are subject to a legal incapacity to vote
- Voting etc.
- 6Provision about voting etc.
- Conduct
- 7Chief Counting Officer
- 8Other counting officers
- 9Functions of the Chief Counting Officer and other counting officers
- 10Correction of procedural errors
- 11Expenses of counting officers
- 12Conduct rules
- Campaign
- 13Campaign rules
- 14Monitoring and securing compliance with the campaign rules
- 15Inspection of Electoral Commission's registers etc.
- 16Campaign rules: general offences
- 17Campaign offences: summary proceedings
- 18Duty of court to report convictions to the Electoral Commission
- Referendum agents
- 19Referendum agents
- Observers
- 20Attendance of Electoral Commission at proceedings and observation of working practices
- 21Accredited observers: individuals
- 22Accredited observers: organisations
- 23Attendance and conduct of accredited observers
- 24Code of practice on attendance of observers
- Information, guidance, advice and encouragement
- 25Information for voters
- 26Guidance
- 27Advice
- 28Encouraging participation
- Report on referendum
- 29Report on the conduct of the referendum
- Electoral Commission: administrative provision
- 30Reimbursement of Commission's costs
- 31Estimates of expenditure
- 32Maladministration
- Registration
- 33Information about persons aged under 16
- 34Registration officers' expenses
- Offences
- 35Offences
- 36Individual culpability for offending by an organisation
- Power to modify this Act
- 37Power to modify this Act
- 38Power to vary specified sums
- Legal proceedings
- 39Restriction on legal challenge to referendum result
- Final provisions
- 40Interpretation
- 41Commencement
- 42Short title
- Schedule 1: Further provision about voting in the referendum
- Part 1: Manner of voting
- Manner of voting
- 1Paragraph 1
- Existing absent voters
- 2Paragraph 2
- Applications for absent vote
- 3Paragraph 3
- Absent voters lists
- 4Paragraph 4
- Proxies
- 5Paragraph 5
- Voting as proxy
- 6Paragraph 6
- Requirements as to applications
- 7Paragraph 7
- Additional requirements as to certain applications to vote by proxy
- 8Paragraph 8
- Grant or refusal of applications
- 9Paragraph 9
- Forms
- 10Paragraph 10
- Personal identifiers record
- 11Paragraph 11
- Marked lists for polling stations
- 12Paragraph 12
- Appeals
- 13Paragraph 13
- Part 2: Registration
- Effect of register
- 14Paragraph 14
- Effect of misdescription
- 15Paragraph 15
- Carrying out of registration functions
- 16Paragraph 16
- Alterations in the register of local government electors
- 17Paragraph 17
- The cut-off date
- 18Paragraph 18
- Part 3: Postal voting: issue and receipt of ballot papers
- Persons entitled to be present at issue and receipt of postal ballot papers
- 19Paragraph 19
- Notification of requirement of secrecy
- 20Paragraph 20
- Time when postal ballot papers are to be issued
- 21Paragraph 21
- Issue of postal ballot papers
- 22Paragraph 22
- Refusal to issue postal ballot paper
- 23Paragraph 23
- Envelopes
- 24Paragraph 24
- Sealing up of completed corresponding number lists and security of special lists
- 25Paragraph 25
- Payment of postage on postal ballot papers
- 26Paragraph 26
- Spoilt postal ballot papers
- 27Paragraph 27
- Lost postal ballot papers
- 28Paragraph 28
- Superseded postal ballot papers
- 29Paragraph 29
- Notice of opening of postal ballot paper envelopes
- 30Paragraph 30
- Boxes and receptacles
- 31Paragraph 31
- Receipt of covering envelopes and collection of postal votes
- 32Paragraph 32
- Opening of postal voters box
- 33Paragraph 33
- Opening of covering envelopes
- 34Paragraph 34
- Confirmation of receipt of postal voting statement
- 35Paragraph 35
- Procedure in relation to postal voting statements: personal identifier verification
- 36Paragraph 36
- Opening of ballot paper envelopes
- 37Paragraph 37
- Retrieval of cancelled postal ballot papers
- 38Paragraph 38
- Lists of provisionally rejected postal ballot papers
- 39Paragraph 39
- Checking of lists kept under paragraph 39
- 40Paragraph 40
- Sealing of receptacles
- 41Paragraph 41
- Forwarding of documents
- 42Paragraph 42
- Power of Chief Counting Officer to prescribe
- 43Paragraph 43
- Interpretation of Part
- 44Paragraph 44
- Part 4: Supply of register of local government electors etc.
- Supply of free copy of register of local government electors etc. to counting officers
- 45Paragraph 45
- Supply of free copy of register of local government electors etc. to Electoral Commission
- 46Paragraph 46
- Supply of free copy of register of local government electors etc. to permitted participants
- 47Paragraph 47
- Dates of birth to be omitted from copies of register supplied
- 48Paragraph 48
- Supply of data
- 49Paragraph 49
- General restriction on use of registration documents and information contained in them
- 50Paragraph 50
- Offence in relation to disclosure of registration documents
- 51Paragraph 51
- Destruction of copies of the register of local government electors etc.
- 52Paragraph 52
- Part 5: Supply of marked register of local government electors etc.
- Supply of marked register of local government electors etc. to designated organisations
- 53Paragraph 53
- Fee for supply of marked register of local government electors etc.
- 54Paragraph 54
- Schedule 2: Conduct rules
- Publication of notice of the referendum
- 1Paragraph 1
- Hours of polling
- 2Paragraph 2
- The ballot
- 3Paragraph 3
- Printing of ballot papers
- 4Paragraph 4
- The corresponding number list
- 5Paragraph 5
- Security marking
- 6Paragraph 6
- Use of schools and public rooms for polling and counting votes
- 7Paragraph 7
- Postal ballot papers
- 8Paragraph 8
- Provision of polling stations
- 9Paragraph 9
- Appointment of presiding officers and clerks
- 10Paragraph 10
- Issue of poll cards
- 11Paragraph 11
- Loan of equipment for referendum
- 12Paragraph 12
- Equipment of polling stations
- 13Paragraph 13
- Appointment of polling and counting agents
- 14Paragraph 14
- Admission to polling station
- 15Paragraph 15
- Notification of requirement of secrecy
- 16Paragraph 16
- Keeping of order at polling station
- 17Paragraph 17
- Sealing of ballot boxes
- 18Paragraph 18
- Questions to be put to voters
- 19Paragraph 19
- Challenge of voter
- 20Paragraph 20
- Voting procedure
- 21Paragraph 21
- Votes marked by presiding officer
- 22Paragraph 22
- Voting by persons with disabilities
- 23Paragraph 23
- Tendered ballot papers
- 24Paragraph 24
- Spoilt ballot papers
- 25Paragraph 25
- Correction of errors on polling day
- 26Paragraph 26
- Adjournment of poll in case of riot
- 27Paragraph 27
- Procedure on close of poll
- 28Paragraph 28
- Attendance at counting of votes
- 29Paragraph 29
- The count
- 30Paragraph 30
- Rejected ballot papers
- 31Paragraph 31
- Counting the votes
- 32Paragraph 32
- Decisions on ballot papers
- 33Paragraph 33
- Re-counts
- 34Paragraph 34
- Declaration of result
- 35Paragraph 35
- Sealing up of ballot papers
- 36Paragraph 36
- Delivery of papers
- 37Paragraph 37
- Retention and public inspection of papers
- 38Paragraph 38
- Retention and public inspection of certifications
- 39Paragraph 39
- Orders for production of documents
- 40Paragraph 40
- Power of Chief Counting Officer to prescribe
- 41Paragraph 41
- Schedule 3: Campaign rules
- Part 1: Interpretation
- Interpretation of schedule
- 1Paragraph 1
- Part 2: Permitted participants and designated organisations
- Permitted participants
- 2Paragraph 2
- Further provision about declarations under paragraph 2
- 3Paragraph 3
- Unincorporated associations with offensive or similar names
- 4Paragraph 4
- Further provision about responsible persons
- 5Paragraph 5
- Register of declarations under paragraph 2
- 6Paragraph 6
- Designated organisations
- 7Paragraph 7
- Applications for designation under paragraph 7
- 8Paragraph 8
- Designated organisation's right to use rooms for holding public meetings
- 9Paragraph 9
- Supplementary provisions about use of rooms for public meetings
- 10Paragraph 10
- Part 3: Referendum expenses
- Referendum expenses
- 11Paragraph 11
- Expenses qualifying where incurred for referendum purposes
- 12Paragraph 12
- Notional referendum expenses
- 13Paragraph 13
- Restriction on incurring referendum expenses
- 14Paragraph 14
- Restriction on payments in respect of referendum expenses
- 15Paragraph 15
- Restriction on making claims in respect of referendum expenses
- 16Paragraph 16
- Disputed claims
- 17Paragraph 17
- Rights of creditors
- 18Paragraph 18
- General restriction on referendum expenses
- 19Paragraph 19
- Special restrictions on referendum expenses by permitted participants
- 20Paragraph 20
- Referendum expenses incurred as part of common plan
- 21Paragraph 21
- Returns as to referendum expenses
- 22Paragraph 22
- Auditor's report on return
- 23Paragraph 23
- Delivery of returns to Electoral Commission
- 24Paragraph 24
- Declaration of responsible person as to return under paragraph 22
- 25Paragraph 25
- Public inspection of returns under paragraph 22
- 26Paragraph 26
- Part 4: Publications
- Restriction on publication etc. of promotional material by central and local government etc.
- 27Paragraph 27
- Details to appear on referendum material
- 28Paragraph 28
- Display of advertisements
- 29Paragraph 29
- Part 5: Control of donations
- Operation and interpretation of this Part
- 30Paragraph 30
- Donations: general rules
- 31Paragraph 31
- Sponsorship
- 32Paragraph 32
- Payments etc. not to be regarded as donations
- 33Paragraph 33
- Value of donations
- 34Paragraph 34
- Prohibition on accepting donations from impermissible donors
- 35Paragraph 35
- Acceptance or return of donations
- 36Paragraph 36
- Return of donation where donor unidentifiable
- 37Paragraph 37
- Forfeiture of donations made by impermissible or unidentifiable donors
- 38Paragraph 38
- Evasion of restrictions on donations
- 39Paragraph 39
- Statement of relevant donations
- 40Paragraph 40
- Donations from permissible donors
- 41Paragraph 41
- Donations from impermissible or unidentifiable donors
- 42Paragraph 42
- Donation reports during referendum period
- 43Paragraph 43
- Declaration of responsible person as to donation reports under paragraph 43
- 44Paragraph 44
- Public inspection of donation reports under paragraph 43
- 45Paragraph 45
- Part 6: Control of loans and credit
- Operation of Part
- 46Paragraph 46
- Regulated transactions
- 47Paragraph 47
- Valuation of regulated transaction
- 48Paragraph 48
- Authorised participants
- 49Paragraph 49
- Regulated transaction involving unauthorised participant
- 50Paragraph 50
- Guarantees and securities: unauthorised participant
- 51Paragraph 51
- Transfer to unauthorised participant invalid
- 52Paragraph 52
- Offences
- 53Paragraph 53
- Penalties
- 54Paragraph 54
- Statement of regulated transactions
- 55Paragraph 55
- Information about authorised participants
- 56Paragraph 56
- Identity of unauthorised participants
- 57Paragraph 57
- Details of transactions
- 58Paragraph 58
- Changes
- 59Paragraph 59
- Total value of non-recordable transactions
- 60Paragraph 60
- Transaction reports during referendum period
- 61Paragraph 61
- Declaration of responsible person as to transaction reports under paragraph 61
- 62Paragraph 62
- Public inspection of transaction reports under paragraph 61
- 63Paragraph 63
- Non-disclosure with intent to conceal
- 64Paragraph 64
- Proceedings under paragraphs 50 and 64
- 65Paragraph 65
- Interpretation
- 66Paragraph 66
- Schedule 4: Campaign rules: investigatory powers of the Electoral Commission
- Power to require disclosure of documents etc.
- 1Paragraph 1
- Inspection warrants
- 2Paragraph 2
- Powers in relation to suspected offences or contraventions
- 3Paragraph 3
- Document disclosure orders
- 4Paragraph 4
- Information disclosure orders
- 5Paragraph 5
- Retention of documents delivered under paragraph 4
- 6Paragraph 6
- Power to make copies and records
- 7Paragraph 7
- Authorisation to be in writing
- 8Paragraph 8
- Documents in electronic form
- 9Paragraph 9
- Legal professional privilege
- 10Paragraph 10
- Admissibility of statements
- 11Paragraph 11
- Offences
- 12Paragraph 12
- Guidance by Commission
- 13Paragraph 13
- Information about use of investigatory powers in Commission's report
- 14Paragraph 14
- Interpretation
- 15Paragraph 15
- Schedule 5: Campaign rules: civil sanctions
- Part 1: Fixed monetary penalties
- Imposition of fixed monetary penalties
- 1Paragraph 1
- Representations and appeals etc.
- 2Paragraph 2
- Information to be included in notices under paragraph 2
- 3Paragraph 3
- Late payment
- 4Paragraph 4
- Fixed monetary penalties: criminal proceedings and conviction
- 5Paragraph 5
- Part 2: Discretionary requirements
- Imposition of discretionary requirements
- 6Paragraph 6
- Representations and appeals etc.
- 7Paragraph 7
- Information to be included in notices under paragraph 7
- 8Paragraph 8
- Discretionary requirements: criminal conviction
- 9Paragraph 9
- Compliance and restoration certificates
- 10Paragraph 10
- Failure to comply with discretionary requirements
- 11Paragraph 11
- Late payment
- 12Paragraph 12
- Part 3: Stop notices
- Imposition of stop notices
- 13Paragraph 13
- Information to be included in stop notices
- 14Paragraph 14
- Completion certificates
- 15Paragraph 15
- Appeals etc.
- 16Paragraph 16
- Failure to comply with stop notice
- 17Paragraph 17
- Part 4: Enforcement undertakings
- Enforcement undertakings
- 18Paragraph 18
- Enforcement undertakings: further provision
- 19Paragraph 19
- Compliance certificate
- 20Paragraph 20
- Appeals
- 21Paragraph 21
- Part 5: General and supplemental
- Restrictions on combination of sanctions
- 22Paragraph 22
- Withdrawal or variation of notice
- 23Paragraph 23
- Use of statements made compulsorily
- 24Paragraph 24
- Unincorporated associations
- 25Paragraph 25
- Guidance as to enforcement
- 26Paragraph 26
- Recovery of penalties etc.
- 27Paragraph 27
- Payment of penalties etc. into Scottish Consolidated Fund
- 28Paragraph 28
- Reports on use of civil sanctions
- 29Paragraph 29
- Disclosure of information
- 30Paragraph 30
- Powers of sheriff
- 31Paragraph 31
- Part 6: Interpretation
- 32Paragraph 32
- 7Listed campaign offences
- Schedule 6: Offences
- Personation
- 1Paragraph 1
- Other voting offences
- 2Paragraph 2
- Imitation poll cards
- 3Paragraph 3
- Offences relating to applications for postal and proxy votes
- 4Paragraph 4
- Breach of official duty
- 5Paragraph 5
- Tampering with ballot papers etc.
- 6Paragraph 6
- Requirement of secrecy
- 7Paragraph 7
- Prohibition on publication of exit polls
- 8Paragraph 8
- Payments to voters for exhibition of referendum notices
- 9Paragraph 9
- Treating
- 10Paragraph 10
- Undue influence
- 11Paragraph 11
- Bribery
- 12Paragraph 12
- Disturbances at public meetings
- 13Paragraph 13
- Illegal canvassing by police officers
- 14Paragraph 14
- Penalties for corrupt practices
- 15Paragraph 15
- Prosecutions for illegal practices
- 16Paragraph 16
- Conviction of illegal practice on charge of corrupt practice etc.
- 17Paragraph 17
- Incapacity to hold public or judicial office in Scotland
- 18Paragraph 18
- Prohibition of paid canvassers
- 19Paragraph 19
- Providing money for illegal purposes
- 20Paragraph 20
- Prosecutions for illegal employment or illegal payment
- 21Paragraph 21
- Schedule 7: Interpretation
- Paragraph
- Paragraph