The Scottish Parliament (Elections etc.) Order 1999
S.I. 1999/787 · Made 10 March 1999
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
Contents
- Part I: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part II: THE FRANCHISE AND ITS EXERCISE
- 3Registers of electors etc.
- 4Registration appeals
- 5Polling districts and places at elections
- 6Rules for Scottish parliamentary elections
- 7Manner of voting at Scottish parliamentary elections
- 8Absent vote at Scottish parliamentary elections for an indefinite period
- 9Absent vote at a particular Scottish parliamentary election and absent voters list
- 10Proxies at Scottish parliamentary elections
- 11Voting as proxy
- 12Absent voting at elections: miscellaneous
- 13Combination of polls
- 14Constituency returning officers
- 15Officers of councils to be placed at disposal of returning officers
- 16Returning officers: discharge of functions
- 17Returning officers: general
- 18Payments by and to returning officers
- 19Taxation of returning officer’s accounts
- 20Loan of equipment for Scottish parliamentary elections
- 21Effect of registers
- 22Effect of misdescription
- 23Discharge of registration duties
- 24Payment of expenses of registration
- 25Personation
- 26Other voting offences
- 27Breach of official duty
- 28Tampering with nomination papers, ballot papers etc.
- 29Requirement of secrecy
- Part III: THE ELECTION CAMPAIGN
- 30Appointment of election agent
- 31Nomination of sub-agent
- 32Office of election agent
- 33Effect of default in election agent’s appointment
- 34Making of contracts
- 35Expenses of registered political parties
- 36Payment of expenses through election agent: constituency and individual candidates
- 37Payment of expenses: registered political parties etc.
- 38Candidate’s personal expenses, and petty expenses
- 39Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
- 40Prohibition of expenses not authorised by election agent etc.: registered parties
- 41Limitation of election expenses: candidates
- 42Limitation of election expenses: registered political parties
- 43Time for sending in and paying claims
- 44Disputed claims
- 45Election agent’s claim
- 46Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
- 47Return as to election expenses: registered party
- 48Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
- 49Declarations as to election expenses: registered political parties
- 50Where no return and declaration is needed
- 51Penalty for failure as respects return of declarations
- 52Penalty for sitting or voting where no return and declaration is transmitted
- 53Authorised excuses for failure as to return and declarations
- 54Court’s power to require information from election agent or sub-agent
- 55Publication of time and place of inspection of returns and declarations
- 56Inspection of returns and declarations: candidates
- 57Inspection of returns and declarations: registered political parties
- 58Right to send election address post free
- 59Broadcasting from outside United Kingdom
- 60Imitation poll cards
- 61Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
- 62Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
- 63Disturbances at Scottish parliamentary election meetings
- 64Officials not to act for candidates
- 65Illegal canvassing by police officers
- 66No hiring of vehicles to convey voters
- 67No payments for conveyance of voters
- 68Provisions supplemental to articles 66 and 67
- 69“Carriage” in articles 66 and 67
- 70Access to polling place by sea
- 71False statements as to candidates
- 72Corrupt withdrawal from candidature
- 73Premises not to be used as committee rooms
- 74Payments for exhibition of election notices
- 75Printer’s name and address on election publications
- 76Prohibition of paid canvassers
- 77Providing money for illegal purposes
- 78Bribery
- 79Treating
- 80Undue influence
- 81Rights of creditors
- 82Savings as to Scottish parliamentary elections
- 83Interpretation of Part III
- 84Computation of time for purposes of Part III
- Part IV: LEGAL PROCEEDINGS
- 85Application of certain provisions for Scottish parliamentary elections
- Part V: MISCELLANEOUS AND SUPPLEMENTAL
- 86Vacancies: constituency seats
- 87Vacancies: regional member seats
- 88Modification of section 10 of the 1998 Act
- 89Dissolution of Parliament: minimum period
- 90Advertisements
- 91Forms: variations
- 92Sending of applications, notices etc.
- 93Publication of documents
- 94Interference with notices etc.
- 95Premises used for election purposes
- 96Effect of demise of the Crown
- 97Supplementary, incidental and consequential provisions
- Signature
- Schedule 1: ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION
- 1Free copies of electors lists
- 2Free copies of register etc.
- 3Sales of lists and register
- 4Supply of data
- 5Supply of labels
- 6Alterations to published register
- 7Interpretation
- Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
- Part I: Provisions as to time
- 1Timetable
- 2Computation of time
- Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
- Notice of election
- 3Notice of election
- Nomination
- 4Nomination of candidate for return as a constituency member
- 5Nomination of individual candidate for return as a regional member
- 6Nomination of candidates on a regional list
- 7Constituency nomination papers: name of registered party
- 8Nomination papers and regional lists: miscellaneous
- 9Consent to nomination
- 10Deposit
- 11Place for delivery of constituency nomination papers
- 12Place for delivery of individual nomination papers and regional lists
- 13Right to attend nomination
- 14Decisions as to validity of constituency nomination papers
- 15Decisions as to validity of individual nomination papers
- 16Decisions as to validity of regional lists and as to the validity of nominations included on such a list
- 17Withdrawal of candidates
- 18Publication of statement of persons nominated as candidates for return as a constituency member
- 19Publication of statement of persons and parties nominated for return as regional members
- 20Disqualification by Representation of the People Act 1981: candidates for return as constituency members
- 21Disqualification by Representation of the People Act 1981: candidates for return as regional members
- 22Adjournment of nomination proceedings in the case of riot
- 23Method of election: candidates for return as constituency members
- 24Method of election: candidates for return as regional members
- Part III: CONTESTED ELECTIONS
- General Provisions
- 25Poll to be taken by ballot
- 26The ballot paper: constituency candidates
- 27The ballot paper: regional candidates
- 28Colour of ballot papers
- 29The official mark
- 30Prohibition of disclosure of vote
- 31Use of schools and public rooms
- Action to be taken before the poll
- 32Notice of poll
- 33Postal ballot papers
- 34Provision of polling stations
- 35Appointment of presiding officers and clerks
- 36Issue of official poll cards
- 37Equipment of polling stations
- 38Appointment of polling and counting agents
- 39Notification of requirement of secrecy
- The Poll
- 40Admission to polling station
- 41Keeping of order in station
- 42Sealing of ballot boxes
- 43Questions to be put to voters
- 44Challenge of voter
- 45Voting procedure
- 46Votes marked by presiding officer
- 47Voting by blind persons
- 48Tendered ballot papers
- 49Spoilt ballot papers
- 50Adjournment of poll in case of riot
- 51Procedure on close of poll
- Counting of votes
- 52Attendance at counting of votes
- 53The count
- 54Re-count: constituency election
- 55Re-count: regional votes in a constituency
- 56Rejected ballot papers
- 57Decisions on ballot papers
- 58Equality of votes: election for return of constituency members
- 59Conveying results of count etc. to regional returning officer
- 60Declaration of result: constituency members
- Part IV: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
- 61Attendance at allocation of seats for regional members
- 62Allocation of seats
- 63Equality of votes at poll for return of regional members
- 64Declaration of results: regional members
- 65Return or forfeiture of deposit
- Part V: DISPOSAL OF DOCUMENTS
- 66Sealing up of ballot papers
- 67Delivery of documents to the sheriff clerk
- 68Orders for production of documents
- 69Retention and public inspection of documents
- Part VI: DEATH OF CANDIDATE
- 70Countermand or abandonment of poll etc. on death of candidate
- Part VII: MISCELLANEOUS
- 71Return of members and record of returns etc.
- Schedule 3: ABSENT VOTING
- 1General requirements for applications
- 2Additional requirements for applicant no longer resident at qualifying address
- 3Additional requirements for applications on grounds of physical incapacity
- 4Additional requirements for applications based on occupation, service or employment
- 5Additional requirements for applications in respect of a particular election
- 6Additional requirements for applications for appointment of a proxy
- 7Additional requirements for applications by proxies to vote by post at a particular election
- 8Closing dates for applications
- 9Grant or refusal of applications
- 10Notice of appeal
- 11Cancellation of proxy appointment
- 12Inquiries by registration officer
- 13Records and lists kept under articles 8, 9 and 11
- 14Marked register for polling stations
- 15Certificate of employment at an election
- 16Transitional provision for absent voters
- Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
- 1Interpretation
- Issue of postal ballot papers
- 2Combination of polls
- 3Form of declaration of identity
- 4Persons entitled to be present at issue and receipt of postal ballot papers
- 5Notification of requirement of secrecy
- 6Notice of issue of postal ballot papers
- 7Marking of postal ballot papers etc.
- 8Refusal to issue postal ballot paper
- 9Envelopes
- 10Delivery of postal ballot papers to post office
- 11Provision of postal voters' ballot box
- 12Sealing up of special lists and counterfoils
- 13Spoilt postal ballot paper
- Receipt of postal ballot papers
- 14Receipt of covering envelope
- 15Opening of postal voters' ballot box
- 16Opening of covering envelopes
- 17Sealing up of rejected votes and declarations of identity
- 18Opening of ballot paper envelopes
- 19Abandoned poll
- 20Forwarding of documents
- Schedule 5: COMBINATION OF POLLS
- Part I: GENERAL
- 1Returning officers and polling stations
- 2Functions at combined polls
- 3Modification of provisions about expenses in this Order and the 1983 Act
- 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)
- 4Modifications of the Scottish Parliamentary Election Rules: general provision
- 5Rule 28 (colour of ballot papers)
- 6Rule 32 (notice of poll)
- 7Rule 36 (issue of official poll cards)
- 8Rule 37 (equipment of polling stations)
- 9Rule 38 (appointment of polling and counting agents)
- 10Rule 43 (questions to be put to voters)
- 11Rule 45 (voting procedure)
- 12Rule 46 (votes marked by presiding officer)
- 13Rule 47 (voting by blind persons)
- 14Rule 48 (tendered ballot papers)
- 15Rule 50 (adjournment of poll in case of riot)
- 16Rule 51 (procedure on close of poll)
- 17Rule 52 (attendance at counting of votes)
- 18Rule 53 (the count)
- 19Rule 67 (delivery of documents to the sheriff clerk)
- 20Rule 70 (countermand or abandonment of poll etc. on death of candidate)
- 21Form of directions for the guidance of the voters in voting in Schedule 5
- 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)
- 22Modifications of the local election rules: general provision
- 23Rule 1 of the local election rules (timetable)
- 24Rule 13 of the local election rules (the ballot papers)
- 25Rule 17 of the local election rules (notice of poll)
- 26Rule 21 of the local election rules (issue of official poll cards)
- 27Rule 22 of the local election rules (equipment of polling stations)
- 28Rule 23 of the local election rules (appointment of polling and counting agents)
- 29Rule 28 of the local election rules (questions put to voters)
- 30Rule 30 of the local election rules (voting procedure)
- 31Rule 31 of the local election rules (votes marked by presiding officer)
- 32Rule 32 of the local election rules (voting by blind persons)
- 33Rule 33 of the local election rules (tendered ballot papers)
- 34Rule 35 of the local election rules (adjournment of poll in case of riot)
- 35Rule 36 of the local election rules (procedure on close of poll)
- 36Rule 37 of the local election rules (attendance at counting of votes)
- 37Rule 38 of the local election rules (the count)
- 38Rule 45 of the local election rules (delivery of documents)
- 39Rule 48 of local election rules (countermand or abandonment of poll on death of candidate)
- 40Local election rules: form of ballot paper
- 41Local election rules: declaration of identity
- 42Local election rules: elector’s official poll card
- 43Local election rules: declaration to be made by the companion of a blind voter
- Schedule 6: LEGAL PROCEEDINGS
- IELECTION OR RETURN OF CONSTITUENCY MEMBER
- IIELECTION OR RETURN OF REGIONAL MEMBER
- Schedule 7: USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
- 1Use of rooms in school premises
- 2Lists of rooms in school premises
- 3Inspection etc. of lists
- Schedule 8: MODIFICATION OF ENACTMENTS
- Part I: PUBLIC GENERAL ACTS
- Reserve Forces Act 1996 (c. 14)
- 1Paragraph 1
- Part II: SUBORDINATE LEGISLATION
- The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)
- 2Paragraph 2
- Rules of the Court of Session 1994 (S.I. 1994/1443)
- 3Paragraph 3
- OF FORMSAppendix OF FORMS
- Explanatory note