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The Scottish Parliament (Elections etc.) Order 1999

S.I. 1999/787 · Made 10 March 1999

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 10th March 1999

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 12(1) and 113 of the Scotland Act 1998f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: THE FRANCHISE AND ITS EXERCISE
  5. 3Registers of electors etc.
  6. 4Registration 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 period
  11. 9Absent vote at a particular Scottish parliamentary election and absent voters list
  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 councils 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 accounts
  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
  27. 25Personation
  28. 26Other voting offences
  29. 27Breach of official duty
  30. 28Tampering with nomination papers, ballot papers etc.
  31. 29Requirement of secrecy
  32. Part III: THE ELECTION CAMPAIGN
  33. 30Appointment of election agent
  34. 31Nomination of sub-agent
  35. 32Office of election agent
  36. 33Effect of default in election agent’s appointment
  37. 34Making of contracts
  38. 35Expenses of registered political parties
  39. 36Payment of expenses through election agent: constituency and individual candidates
  40. 37Payment of expenses: registered political parties etc.
  41. 38Candidate’s personal expenses, and petty expenses
  42. 39Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
  43. 40Prohibition of expenses not authorised by election agent etc.: registered parties
  44. 41Limitation of election expenses: candidates
  45. 42Limitation of election expenses: registered political parties
  46. 43Time for sending in and paying claims
  47. 44Disputed claims
  48. 45Election agent’s claim
  49. 46Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
  50. 47Return as to election expenses: registered party
  51. 48Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
  52. 49Declarations as to election expenses: registered political parties
  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. 55Publication of time and place of inspection of returns and declarations
  59. 56Inspection of returns and declarations: candidates
  60. 57Inspection of returns and declarations: registered political parties
  61. 58Right to send election address post free
  62. 59Broadcasting from outside United Kingdom
  63. 60Imitation poll cards
  64. 61Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  65. 62Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  66. 63Disturbances at Scottish parliamentary election meetings
  67. 64Officials not to act for candidates
  68. 65Illegal canvassing by police officers
  69. 66No hiring of vehicles to convey voters
  70. 67No payments for conveyance of voters
  71. 68Provisions supplemental to articles 66 and 67
  72. 69“Carriage” in articles 66 and 67
  73. 70Access to polling place by sea
  74. 71False statements as to candidates
  75. 72Corrupt withdrawal from candidature
  76. 73Premises not to be used as committee rooms
  77. 74Payments for exhibition of election notices
  78. 75Printer’s name and address on election publications
  79. 76Prohibition of paid canvassers
  80. 77Providing money for illegal purposes
  81. 78Bribery
  82. 79Treating
  83. 80Undue influence
  84. 81Rights of creditors
  85. 82Savings as to Scottish parliamentary elections
  86. 83Interpretation of Part III
  87. 84Computation of time for purposes of Part III
  88. Part IV: LEGAL PROCEEDINGS
  89. 85Application of certain provisions for Scottish parliamentary elections
  90. Part V: MISCELLANEOUS AND SUPPLEMENTAL
  91. 86Vacancies: constituency seats
  92. 87Vacancies: regional member seats
  93. 88Modification of section 10 of the 1998 Act
  94. 89Dissolution of Parliament: minimum period
  95. 90Advertisements
  96. 91Forms: variations
  97. 92Sending of applications, notices etc.
  98. 93Publication of documents
  99. 94Interference with notices etc.
  100. 95Premises used for election purposes
  101. 96Effect of demise of the Crown
  102. 97Supplementary, incidental and consequential provisions
  103. Signature
  104. Schedule 1: ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION
  105. 1Free copies of electors lists
  106. 2Free copies of register etc.
  107. 3Sales of lists and register
  108. 4Supply of data
  109. 5Supply of labels
  110. 6Alterations to published register
  111. 7Interpretation
  112. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  113. Part I: Provisions as to time
  114. 1Timetable
  115. 2Computation of time
  116. Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  117. Notice of election
  118. 3Notice of election
  119. Nomination
  120. 4Nomination of candidate for return as a constituency member
  121. 5Nomination of individual candidate for return as a regional member
  122. 6Nomination of candidates on a regional list
  123. 7Constituency nomination papers: name of registered party
  124. 8Nomination papers and regional lists: miscellaneous
  125. 9Consent to nomination
  126. 10Deposit
  127. 11Place for delivery of constituency nomination papers
  128. 12Place for delivery of individual nomination papers and regional lists
  129. 13Right to attend nomination
  130. 14Decisions as to validity of constituency nomination papers
  131. 15Decisions as to validity of individual nomination papers
  132. 16Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  133. 17Withdrawal of candidates
  134. 18Publication of statement of persons nominated as candidates for return as a constituency member
  135. 19Publication of statement of persons and parties nominated for return as regional members
  136. 20Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  137. 21Disqualification by Representation of the People Act 1981: candidates for return as regional members
  138. 22Adjournment of nomination proceedings in the case of riot
  139. 23Method of election: candidates for return as constituency members
  140. 24Method of election: candidates for return as regional members
  141. Part III: CONTESTED ELECTIONS
  142. General Provisions
  143. 25Poll to be taken by ballot
  144. 26The ballot paper: constituency candidates
  145. 27The ballot paper: regional candidates
  146. 28Colour of ballot papers
  147. 29The official mark
  148. 30Prohibition of disclosure of vote
  149. 31Use of schools and public rooms
  150. Action to be taken before the poll
  151. 32Notice of poll
  152. 33Postal ballot papers
  153. 34Provision of polling stations
  154. 35Appointment of presiding officers and clerks
  155. 36Issue of official poll cards
  156. 37Equipment of polling stations
  157. 38Appointment of polling and counting agents
  158. 39Notification of requirement of secrecy
  159. The Poll
  160. 40Admission to polling station
  161. 41Keeping of order in station
  162. 42Sealing of ballot boxes
  163. 43Questions to be put to voters
  164. 44Challenge of voter
  165. 45Voting procedure
  166. 46Votes marked by presiding officer
  167. 47Voting by blind persons
  168. 48Tendered ballot papers
  169. 49Spoilt ballot papers
  170. 50Adjournment of poll in case of riot
  171. 51Procedure on close of poll
  172. Counting of votes
  173. 52Attendance at counting of votes
  174. 53The count
  175. 54Re-count: constituency election
  176. 55Re-count: regional votes in a constituency
  177. 56Rejected ballot papers
  178. 57Decisions on ballot papers
  179. 58Equality of votes: election for return of constituency members
  180. 59Conveying results of count etc. to regional returning officer
  181. 60Declaration of result: constituency members
  182. Part IV: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  183. 61Attendance at allocation of seats for regional members
  184. 62Allocation of seats
  185. 63Equality of votes at poll for return of regional members
  186. 64Declaration of results: regional members
  187. 65Return or forfeiture of deposit
  188. Part V: DISPOSAL OF DOCUMENTS
  189. 66Sealing up of ballot papers
  190. 67Delivery of documents to the sheriff clerk
  191. 68Orders for production of documents
  192. 69Retention and public inspection of documents
  193. Part VI: DEATH OF CANDIDATE
  194. 70Countermand or abandonment of poll etc. on death of candidate
  195. Part VII: MISCELLANEOUS
  196. 71Return of members and record of returns etc.
  197. Schedule 3: ABSENT VOTING
  198. 1General requirements for applications
  199. 2Additional requirements for applicant no longer resident at qualifying address
  200. 3Additional requirements for applications on grounds of physical incapacity
  201. 4Additional requirements for applications based on occupation, service or employment
  202. 5Additional requirements for applications in respect of a particular election
  203. 6Additional requirements for applications for appointment of a proxy
  204. 7Additional requirements for applications by proxies to vote by post at a particular election
  205. 8Closing dates for applications
  206. 9Grant or refusal of applications
  207. 10Notice of appeal
  208. 11Cancellation of proxy appointment
  209. 12Inquiries by registration officer
  210. 13Records and lists kept under articles 8, 9 and 11
  211. 14Marked register for polling stations
  212. 15Certificate of employment at an election
  213. 16Transitional provision for absent voters
  214. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  215. 1Interpretation
  216. Issue of postal ballot papers
  217. 2Combination of polls
  218. 3Form of declaration of identity
  219. 4Persons entitled to be present at issue and receipt of postal ballot papers
  220. 5Notification of requirement of secrecy
  221. 6Notice of issue of postal ballot papers
  222. 7Marking of postal ballot papers etc.
  223. 8Refusal to issue postal ballot paper
  224. 9Envelopes
  225. 10Delivery of postal ballot papers to post office
  226. 11Provision of postal voters' ballot box
  227. 12Sealing up of special lists and counterfoils
  228. 13Spoilt postal ballot paper
  229. Receipt of postal ballot papers
  230. 14Receipt of covering envelope
  231. 15Opening of postal voters' ballot box
  232. 16Opening of covering envelopes
  233. 17Sealing up of rejected votes and declarations of identity
  234. 18Opening of ballot paper envelopes
  235. 19Abandoned poll
  236. 20Forwarding of documents
  237. Schedule 5: COMBINATION OF POLLS
  238. Part I: GENERAL
  239. 1Returning officers and polling stations
  240. 2Functions at combined polls
  241. 3Modification of provisions about expenses in this Order and the 1983 Act
  242. Part II: MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 13(1) OR (2)
  243. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  244. 5Rule 28 (colour of ballot papers)
  245. 6Rule 32 (notice of poll)
  246. 7Rule 36 (issue of official poll cards)
  247. 8Rule 37 (equipment of polling stations)
  248. 9Rule 38 (appointment of polling and counting agents)
  249. 10Rule 43 (questions to be put to voters)
  250. 11Rule 45 (voting procedure)
  251. 12Rule 46 (votes marked by presiding officer)
  252. 13Rule 47 (voting by blind persons)
  253. 14Rule 48 (tendered ballot papers)
  254. 15Rule 50 (adjournment of poll in case of riot)
  255. 16Rule 51 (procedure on close of poll)
  256. 17Rule 52 (attendance at counting of votes)
  257. 18Rule 53 (the count)
  258. 19Rule 67 (delivery of documents to the sheriff clerk)
  259. 20Rule 70 (countermand or abandonment of poll etc. on death of candidate)
  260. 21Form of directions for the guidance of the voters in voting in Schedule 5
  261. Part III: MODIFICATIONS OF THE SCOTTISH LOCAL ELECTION RULES 1986 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 13(1) OR (2)
  262. 22Modifications of the local election rules: general provision
  263. 23Rule 1 of the local election rules (timetable)
  264. 24Rule 13 of the local election rules (the ballot papers)
  265. 25Rule 17 of the local election rules (notice of poll)
  266. 26Rule 21 of the local election rules (issue of official poll cards)
  267. 27Rule 22 of the local election rules (equipment of polling stations)
  268. 28Rule 23 of the local election rules (appointment of polling and counting agents)
  269. 29Rule 28 of the local election rules (questions put to voters)
  270. 30Rule 30 of the local election rules (voting procedure)
  271. 31Rule 31 of the local election rules (votes marked by presiding officer)
  272. 32Rule 32 of the local election rules (voting by blind persons)
  273. 33Rule 33 of the local election rules (tendered ballot papers)
  274. 34Rule 35 of the local election rules (adjournment of poll in case of riot)
  275. 35Rule 36 of the local election rules (procedure on close of poll)
  276. 36Rule 37 of the local election rules (attendance at counting of votes)
  277. 37Rule 38 of the local election rules (the count)
  278. 38Rule 45 of the local election rules (delivery of documents)
  279. 39Rule 48 of local election rules (countermand or abandonment of poll on death of candidate)
  280. 40Local election rules: form of ballot paper
  281. 41Local election rules: declaration of identity
  282. 42Local election rules: elector’s official poll card
  283. 43Local election rules: declaration to be made by the companion of a blind voter
  284. Schedule 6: LEGAL PROCEEDINGS
  285. IELECTION OR RETURN OF CONSTITUENCY MEMBER
  286. IIELECTION OR RETURN OF REGIONAL MEMBER
  287. Schedule 7: USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
  288. 1Use of rooms in school premises
  289. 2Lists of rooms in school premises
  290. 3Inspection etc. of lists
  291. Schedule 8: MODIFICATION OF ENACTMENTS
  292. Part I: PUBLIC GENERAL ACTS
  293. Reserve Forces Act 1996 (c. 14)
  294. 1Paragraph 1
  295. Part II: SUBORDINATE LEGISLATION
  296. The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)
  297. 2Paragraph 2
  298. Rules of the Court of Session 1994 (S.I. 1994/1443)
  299. 3Paragraph 3
  300. OF FORMSAppendix OF FORMS
  301. Explanatory note