Paragraph 13 Spoilt postal ballot paper

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 4 para. 10(1) words substituted by Postal Services Act 2000 (Consequential Modifications No. 1) 2001 Sch. 1 para. 131(9)
Sch. 4 para. 10(1) words revoked by Postal Services Act 2000 (Consequential Modifications No. 1) 2001 Sch. 2
Sch 4, para 1 defn(s) added by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (2)(a)
Sch 4, para 1 defn(s) am by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (2)(b)
Sch 4, para 3A added by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (3)
Sch 4, para 4 rev in pt by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (4)(a)(i), (iii), (b)
Sch 4, para 4 am by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (4)(a)(ii)
Sch 4, para 6 subst by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (5)
Sch 4, para 10 subst by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (6)
Sch 4, para 11 rev by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (7)
Sch 4, para 12 subst by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (8)
Sch 4, para 13 rev in pt by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (9)(a), (e)(ii)
Sch 4, para 13 am by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (9)(a)–(d), (e)(i), (f)
Sch 4, para 13A added by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (10)
Sch 4, para 14 rev by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (11)
Sch 4, paras 15–20 replaced (by paras 15–26) by Scottish Parliament (Elections etc.) 2001 arts 3, 20(1), (12)

(1)

If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

(2)

Where two or more postal ballot papers have been issued together to him (whether at a Scottish parliamentary general election or under paragraph 2 above), the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1) above, return all of the ballot papers so issued, whether spoilt or not.

(3)

On receipt of the documents referred to in sub-paragraph (1) or (2) above the constituency returning officer shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received too late for a replacement ballot paper or, as the case may be, papers to be returned before the close of the poll.

(4)

Paragraphs 4(1)(a), 5 and 7 to 12 above, except any reference to the presence of the agents, shall apply to the issue of postal ballot papers under sub-paragraph (3) above.

(5)

The spoilt postal ballot paper, and any other postal ballot paper issued with it, the declaration of identity and the ballot paper envelope, shall be immediately cancelled.

(6)

The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.