Article 18 Schedule 2 to the principal Order (Scottish Parliamentary Election Rules)

(1)

Schedule 2 to the principal Order shall be amended in accordance with this article.

(2)

In rule 4 (nomination of candidate for return as a constituency member), for paragraph (4) substitute–

“(4)

The description, if any, must consist of either–

(a)

a description (of not more than six words in length) which is authorised as mentioned in rule 7 below; or

(b)

the word “Independent”.”.

(3)

In rule 5 (nomination of individual candidate for return as a regional member), for paragraph (4) substitute–

“(4)

The description, if any, must consist of either–

(a)

a description (of not more than six words in length) which is authorised as mentioned in rule 7 below; or

(b)

the word “Independent”.”

(4)

In rule 6 (nomination of candidates on a regional list), for paragraph (7) substitute–

“(7)

In the application of this rule and rule 7 below, in relation to an election, “registered party” and “qualifying party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 3 above.”.

(5)

In rule 7 (constituency nomination papers: name of registered party) in paragraph (1), after “unless” insert “the party is a qualifying party in relation to the constituency and”.

(6)

In rule 19 (publication of statement of persons and parties nominated for return as regional members) after paragraph (6) there shall be inserted–

“(7)

The regional returning officer shall send to the Electoral Commission–

(a)

a copy of the statement; and

(b)

in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 7 above, a copy of that certificate as well.”.

(7)

In rule 37 (equipment of polling stations), after paragraph (3) there shall be inserted–

“(3A)

The constituency returning officer shall also provide each polling station with–

(a)

at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b)

a device of the description set out in paragraphs (3B) to (3G) below, for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 47(1)).

(3B)

The device referred to in paragraph (3A)(b) above shall be such that–

(a)

it satisfies the conditions in sub-paragraphs (3C) to (3G) below;

(b)

a ballot paper can–

(i)

be inserted into, and removed from, it; or

(ii)

be attached to, and detached from, it; and

(c)

the ballot paper will remain firmly in place once inserted into, or attached to, the device.

(3C)

There shall be sufficient space to allow the particulars of each candidate and, where appropriate, registered party named on the ballot paper to be clearly shown.

(3D)

There shall be a separate hole in the device for each candidate and, where appropriate, registered party named on the ballot paper.

(3E)

Each hole in the device shall be of equal size.

(3F)

Each hole shall be positioned to frame the space to the right of the particulars of the candidate or registered party (as the case may be) on which the vote may be marked (“the relevant space”).

(3G)

Each hole shall be sufficiently large to allow a voter to mark a cross in the relevant space on the ballot paper.”.

(8)

In rule 40(1)(f) (admission to polling station), for “blind voters” substitute “voters with disabilities”.

(9)

In rule 47 (voting by blind persons)–

(a)

for paragraph (1) there shall be substituted–

“Voting by persons with disabilities

(1)

If a voter makes an application to the presiding officer to be allowed, on the ground of–

(a)

blindness or other physical incapacity; or

(b)

inability to read,

to vote with the assistance of another person by whom he is accompanied (in this Schedule referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.”;

(b)

in paragraphs (2), (3), (4) and (8) for “blind voter” or “blind voters” (wherever occurring) there shall be substituted “voter with disabilities” or, as the case may be, “voters with disabilities”; and for “blind person” there shall be substituted “voter with disabilities”.

(10)

In rule 51(1)(i) (procedure on close of poll) and rule 67(1)(d) (delivery of documents to sheriff clerk) for “blind voters”, wherever occurring, there shall be substituted “voters with disabilities”.

(11)

In rule 53 (the count), for paragraph (3) there shall be substituted–

“(3)

A postal ballot paper shall not be deemed to be duly returned unless it is returned–

(a)

by hand to a polling station in the same constituency;

(b)

by hand or by post to the constituency returning officer,

before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

(3A)

The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or declaration of identity returned to that polling station to the constituency returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 51(1) above.”.