Scottish Independence Referendum Act 2013
2013 asp 14 · Enacted 17 December 2013 · Extends to Scotland
An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question about the independence of Scotland.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14 November 2013 and received Royal Assent on 17th December 2013
Contents
- Referendum
- 1Referendum on Scottish independence
- Franchise
- 2Those who are entitled to vote
- 3Declarations of local connection and service declarations: further provision
- Voting etc.
- 4Provision about voting etc.
- Conduct
- 5Chief Counting Officer
- 6Other counting officers
- 7Functions of the Chief Counting Officer and other counting officers
- 8Correction of procedural errors
- 9Expenses of counting officers
- 10Conduct rules
- Campaign
- 11Campaign rules
- 12Monitoring and securing compliance with the campaign rules
- 13Inspection of Electoral Commission's registers etc.
- 14Campaign rules: general offences
- 15Campaign offences: summary proceedings
- 16Duty of court to report convictions to the Electoral Commission
- Referendum agents
- 17Referendum agents
- Observers
- 18Attendance of Electoral Commission at proceedings and observation of working practices
- 19Accredited observers: individuals
- 20Accredited observers: organisations
- 21Attendance and conduct of accredited observers
- 22Code of practice on attendance of observers
- Information, guidance, advice and encouragement
- 23Information for voters
- 24Guidance
- 25Advice
- 26Encouraging participation
- Report on referendum
- 27Report on the conduct of the referendum
- Electoral Commission: administrative provision
- 28Reimbursement of Commission's costs
- 29Estimates of expenditure
- 30Maladministration
- Offences
- 31Offences
- 32Offences by bodies corporate etc.
- Power to make supplementary etc. provision and modifications
- 33Power to make supplementary etc. provision and modifications
- Legal proceedings
- 34Restriction on legal challenge to referendum result
- Final provisions
- 35Interpretation
- 36Commencement
- 37Short title
- Schedule 1: Form of ballot paper
- Part
- Schedule 2: 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 electors
- 17Paragraph 17
- Preparation of the Polling List
- 18Paragraph 18
- The cut-off date
- 19Paragraph 19
- Part 3: Postal voting: issue and receipt of ballot papers
- Persons entitled to be present at issue and receipt of postal ballot papers
- 20Paragraph 20
- Notification of requirement of secrecy
- 21Paragraph 21
- Time when postal ballot papers are to be issued
- 22Paragraph 22
- Issue of postal ballot papers
- 23Paragraph 23
- Refusal to issue postal ballot paper
- 24Paragraph 24
- Envelopes
- 25Paragraph 25
- Sealing up of completed corresponding number lists and security of special lists
- 26Paragraph 26
- Payment of postage on postal ballot papers
- 27Paragraph 27
- Spoilt postal ballot papers
- 28Paragraph 28
- Lost postal ballot papers
- 29Paragraph 29
- Superseded postal ballot papers
- 30Paragraph 30
- Notice of opening of postal ballot paper envelopes
- 31Paragraph 31
- Boxes and receptacles
- 32Paragraph 32
- Receipt of covering envelopes and collection of postal votes
- 33Paragraph 33
- Opening of postal voters box
- 34Paragraph 34
- Opening of covering envelopes
- 35Paragraph 35
- Confirmation of receipt of postal voting statement
- 36Paragraph 36
- Procedure in relation to postal voting statements
- 37Paragraph 37
- Procedure in relation to postal voting statements: personal identifier verification
- 38Paragraph 38
- Postal voting statements: additional personal identifier verification
- 39Paragraph 39
- Opening of ballot paper envelopes
- 40Paragraph 40
- Retrieval of cancelled postal ballot papers
- 41Paragraph 41
- Lists of provisionally rejected postal ballot papers
- 42Paragraph 42
- Checking of lists kept under paragraph 42
- 43Paragraph 43
- Sealing of receptacles
- 44Paragraph 44
- Forwarding of documents
- 45Paragraph 45
- Power of Chief Counting Officer to prescribe
- 46Paragraph 46
- Interpretation of Part
- 47Paragraph 47
- Part 4: Supply of Polling List etc.
- Supply of free copy of Polling List etc. to counting officers
- 48Paragraph 48
- Supply of free copy of Polling List etc. to Electoral Commission
- 49Paragraph 49
- Supply of free copy of edited Polling List etc. to designated organisations
- 50Paragraph 50
- Supply of free copy of register of local government electors etc. to permitted participants
- 51Paragraph 51
- Supply of data
- 52Paragraph 52
- General restriction on use of registration documents and information contained in them
- 53Paragraph 53
- Offence in relation to disclosure of registration documents
- 54Paragraph 54
- Destruction of copies of the Polling List etc.
- 55Paragraph 55
- Part 5: Supply of marked Polling List etc.
- Supply of marked Polling List etc. to designated organisations
- 56Paragraph 56
- Fee for supply of marked Polling List etc.
- 57Paragraph 57
- Schedule 3: 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 in 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 4: 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
- Further provision about responsible persons
- 4Paragraph 4
- Register of declarations under paragraph 2
- 5Paragraph 5
- Designated organisations
- 6Paragraph 6
- Applications for designation under paragraph 6
- 7Paragraph 7
- Designated organisation's right to use rooms for holding public meetings
- 8Paragraph 8
- Supplementary provisions about use of rooms for public meetings
- 9Paragraph 9
- Part 3: Referendum expenses
- Referendum expenses
- 10Paragraph 10
- Expenses qualifying where incurred for referendum purposes
- 11Paragraph 11
- Notional referendum expenses
- 12Paragraph 12
- Restriction on incurring referendum expenses
- 13Paragraph 13
- Restriction on payments in respect of referendum expenses
- 14Paragraph 14
- Restriction on making claims in respect of referendum expenses
- 15Paragraph 15
- Disputed claims
- 16Paragraph 16
- Rights of creditors
- 17Paragraph 17
- General restriction on referendum expenses
- 18Paragraph 18
- Special restrictions on referendum expenses by permitted participants
- 19Paragraph 19
- Referendum expenses incurred as part of common plan
- 20Paragraph 20
- Returns as to referendum expenses
- 21Paragraph 21
- Auditor's report on return
- 22Paragraph 22
- Delivery of returns to Electoral Commission
- 23Paragraph 23
- Declaration of responsible person as to return under paragraph 21
- 24Paragraph 24
- Public inspection of returns under paragraph 21
- 25Paragraph 25
- Part 4: Publications
- Restriction on publication etc. of promotional material by central and local government etc.
- 26Paragraph 26
- Details to appear on referendum material
- 27Paragraph 27
- Display of advertisements
- 28Paragraph 28
- Part 5: Control of donations
- Operation and interpretation of this Part
- 29Paragraph 29
- Donations: general rules
- 30Paragraph 30
- Sponsorship
- 31Paragraph 31
- Payments etc. not to be regarded as donations
- 32Paragraph 32
- Value of donations
- 33Paragraph 33
- Prohibition on accepting donations from impermissible donors
- 34Paragraph 34
- Acceptance or return of donations
- 35Paragraph 35
- Return of donation where donor unidentifiable
- 36Paragraph 36
- Forfeiture of donations made by impermissible or unidentifiable donors
- 37Paragraph 37
- Evasion of restrictions on donations
- 38Paragraph 38
- Statement of relevant donations
- 39Paragraph 39
- Donations from permissible donors
- 40Paragraph 40
- Donations from impermissible or unidentifiable donors
- 41Paragraph 41
- Donation reports during referendum period
- 42Paragraph 42
- Declaration of responsible person as to donation reports under paragraph 42
- 43Paragraph 43
- Public inspection of donation reports under paragraph 42
- 44Paragraph 44
- Part 6: Control of loans and credit
- Operation of Part
- 45Paragraph 45
- Regulated transactions
- 46Paragraph 46
- Valuation of regulated transaction
- 47Paragraph 47
- Authorised participants
- 48Paragraph 48
- Regulated transaction involving unauthorised participant
- 49Paragraph 49
- Guarantees and securities: unauthorised participant
- 50Paragraph 50
- Transfer to unauthorised participant invalid
- 51Paragraph 51
- Offences
- 52Paragraph 52
- Penalties
- 53Paragraph 53
- Statement of regulated transactions
- 54Paragraph 54
- Identity of authorised participants
- 55Paragraph 55
- Identity of unauthorised participants
- 56Paragraph 56
- Details of transaction
- 57Paragraph 57
- Changes
- 58Paragraph 58
- Total value of non-recordable transactions
- 59Paragraph 59
- Transaction reports during referendum period
- 60Paragraph 60
- Declaration of responsible person as to transaction reports under paragraph 60
- 61Paragraph 61
- Public inspection of transaction reports under paragraph 60
- 62Paragraph 62
- Non-disclosure with intent to conceal
- 63Paragraph 63
- Proceedings under paragraphs 49 and 63
- 64Paragraph 64
- Interpretation
- 65Paragraph 65
- Schedule 5: Campaign rules: investigatory powers of the Electoral Commission
- Power to require disclosure
- 1Paragraph 1
- Inspection warrants
- 2Paragraph 2
- Powers in relation to suspected offences or contraventions
- 3Paragraph 3
- Court order for delivery of documents or provision of information etc.
- 4Paragraph 4
- 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 6: 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
- 18Paragraph 18
- Enforcement undertakings: further provision
- 19Paragraph 19
- Compliance certificate
- 20Paragraph 20
- Appeals
- 21Paragraph 21
- Part 5: General and supplemental
- 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
- Part 7: Listed campaign offences
- Paragraph
- Schedule 7: 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
- Prosecutions 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 8: Interpretation
- Paragraph