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The Scottish Parliament (Elections etc.) Order 2002

S.I. 2002/2779 · Made 6 November 2002

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 6th November 2002

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 her by sections 12(1) and 113 of the Scotland Act 1998f1, and of all other powers enabling her in that behalf, and after consulting the Electoral Commissionf2 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46. Section 12 was amended by the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Political Parties Act”), Schedule 21, para 13.

f2

As required by section 7 of the 2000 Political Parties Act.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Revocations
  4. 3Interpretation
  5. Part II: THE FRANCHISE AND ITS EXERCISE
  6. 4Registers of electors etc
  7. 5Registration appeals
  8. 6Polling districts and places at elections
  9. 7Rules for Scottish parliamentary elections
  10. 8Manner of voting at Scottish parliamentary elections
  11. 9Absent vote at Scottish parliamentary elections for an indefinite or a particular period
  12. 10Absent vote at a particular Scottish parliamentary election and absent voters' list
  13. 11Proxies at Scottish parliamentary elections
  14. 12Voting as proxy
  15. 13Absent voting at elections: miscellaneous
  16. 14Combination of polls
  17. 15Constituency returning officers
  18. 16Officers of councils to be placed at disposal of returning officers
  19. 17Returning officers: discharge of functions
  20. 18Returning officers: general
  21. 19Payments by and to returning officers
  22. 20Taxation of returning officer’s accounts
  23. 21Loan of equipment for Scottish parliamentary elections
  24. 22Effect of registers
  25. 23Effect of misdescription
  26. 24Discharge of registration duties
  27. 25Payment of expenses of registration
  28. 26Personation
  29. 27Other voting offences
  30. 28Breach of official duty
  31. 29Tampering with nomination papers, ballot papers etc
  32. 30Requirement of secrecy
  33. Part III: THE ELECTION CAMPAIGN
  34. 31Appointment of election agent
  35. 32Nomination of sub agent
  36. 33Office of election agent
  37. 34Effect of default in election agent’s appointment
  38. 35Expenses of constituency candidate
  39. 36Payment of expenses through election agent: constituency and individual candidates
  40. 37Expenses which may be paid otherwise than by election agent
  41. 38Expenses incurred otherwise than for election purposes
  42. 39Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
  43. 40Limitation of election expenses: candidates
  44. 41Time for sending in and paying claims
  45. 42Disputed claims
  46. 43Election agent’s claim
  47. 44Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
  48. 45Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
  49. 46Declarations as to election expenses: candidates on a registered party’s regional list
  50. 47Where no return and declaration is needed
  51. 48Penalty for failure as respects return of declarations
  52. 49Penalty for sitting or voting where no return and declaration is transmitted
  53. 50Authorised excuses for failure as to return and declarations
  54. 51Court’s power to require information from election agent or sub agent
  55. 52Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
  56. 53Publication of time and place of inspection of returns and declarations
  57. 54Inspection of returns and declarations: candidates
  58. 55Meaning of Election Expenses
  59. 56Incurring of election expenses for purposes of article 55
  60. 57Property, goods, services etc provided free of charge or at a discount
  61. 58Right to send election address post free
  62. 59Remuneration for free postal services provided
  63. 60Broadcasting from outside United Kingdom
  64. 61Broadcasting of local items during election period
  65. 62Imitation poll cards and notifications
  66. 63Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  67. 64Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  68. 65Disturbances at Scottish parliamentary election meetings
  69. 66Officials not to act for candidates
  70. 67Illegal canvassing by police officers
  71. 68False statements as to candidates
  72. 69Corrupt withdrawal from candidature
  73. 70Payments for exhibition of election notices
  74. 71Printer’s name and address on election publications
  75. 72Prohibition of paid canvassers
  76. 73Providing money for illegal purposes
  77. 74Bribery
  78. 75Treating
  79. 76Undue influence
  80. 77Rights of creditors
  81. 78Savings as to Scottish parliamentary elections
  82. 79Interpretation of Part III
  83. 80Computation of time for purposes of Part III
  84. Part IV: LEGAL PROCEEDINGS
  85. 81Application of certain provisions for Scottish parliamentary elections
  86. Part V: MISCELLANEOUS AND SUPPLEMENTAL
  87. 82Vacancies: constituency seats
  88. 83Vacancies: regional member seats
  89. 84Modification of section 10 of the 1998 Act
  90. 85Dissolution of Parliament: minimum period
  91. 86Advertisements
  92. 87Forms: variations
  93. 88Sending of applications, notices etc
  94. 89Interference with notices etc
  95. 90Premises used for election purposes
  96. 91Effect of demise of the Crown
  97. 92Consequential amendment
  98. Signature
  99. Schedule 1: ELECTORS REGISTERS:
  100. 1Supply of free copy of full register for electoral purposes
  101. 2Supply of full register etc under paragraphs 3 and 4: general provisions
  102. 3Supply of full register etc to elected representatives for electoral purposes and restrictions on use
  103. 4Supply of full register etc to certain candidates and restrictions on use
  104. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  105. 1Timetable
  106. 2Timetable – Election to fill a vacancy in a constituency seat
  107. 3Computation of time
  108. Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  109. Notice of election
  110. 4Notice of election
  111. Nomination
  112. 5Nomination of candidate for return as a constituency member
  113. 6Nomination of individual candidate for return as a regional member
  114. 7Nomination of candidates on a regional list
  115. 8Constituency nomination papers: name of registered party
  116. 9Nomination papers and regional lists: miscellaneous
  117. 10Consent to nomination
  118. 11Deposit
  119. 12Place for delivery of constituency nomination papers
  120. 13Place for delivery of individual nomination papers and regional lists
  121. 14Right to attend nomination
  122. 15Decisions as to validity of constituency nomination papers
  123. 16Decisions as to validity of individual nomination papers
  124. 17Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  125. 18Withdrawal of candidates
  126. 19Publication of statement of persons nominated as candidates for return as a constituency member
  127. 20Publication of statement of persons and parties nominated for return as regional members
  128. 21Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  129. 22Disqualification by Representation of the People Act 1981: candidates for return as regional members
  130. 23Adjournment of nomination proceedings in the case of riot
  131. 24Method of election: candidates for return as constituency members
  132. 25Method of election: candidates for return as regional members
  133. Part III: CONTESTED ELECTIONS
  134. General Provisions
  135. 26Poll to be taken by ballot
  136. 27The ballot paper: constituency candidates
  137. 28The ballot paper: regional candidates
  138. 29Colour of ballot papers
  139. 30The official mark
  140. 31Prohibition of disclosure of vote
  141. 32Use of schools and public rooms
  142. Action to be taken before the poll
  143. 33Notice of poll
  144. 34Postal ballot papers
  145. 35Provision of polling stations
  146. 36Appointment of presiding officers and clerks
  147. 37Issue of official poll cards and notifications
  148. 38Equipment of polling stations
  149. 39Appointment of polling and counting agents
  150. 40Notification of requirement of secrecy
  151. The Poll
  152. 41Admission to polling station
  153. 42Keeping of order in station
  154. 43Sealing of ballot boxes
  155. 44Questions to be put to voters
  156. 45Challenge of voter
  157. 46Voting procedure
  158. 47Votes marked by presiding officer
  159. 48Voting by persons with disabilities
  160. 49Tendered ballot papers
  161. 50Spoilt ballot papers
  162. 51Adjournment of poll in case of riot
  163. 52Procedure on close of poll
  164. Counting of votes
  165. 53Attendance at counting of votes
  166. 54The count
  167. 55Re-count: constituency election
  168. 56Re-count: regional votes in a constituency
  169. 57Rejected ballot papers
  170. 58Decisions on ballot papers
  171. 59Equality of votes: election for return of constituency members
  172. 60Conveying results of count etc. to regional returning officer
  173. Part IV: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  174. 61Declaration of result: constituency members
  175. 62Attendance at allocation of seats for regional members
  176. 63Allocation of seats
  177. 64Equality of votes at poll for return of regional members
  178. 65Declaration of results: regional members
  179. 66Return or forfeiture of deposit
  180. Part V: DISPOSAL OF DOCUMENTS
  181. 67Sealing up of ballot papers
  182. 68Delivery of documents to the sheriff clerk
  183. 69Orders for production of documents
  184. 70Retention and public inspection of documents
  185. Part VI: DEATH OF CANDIDATE
  186. 71Countermand or abandonment of poll etc. on death of candidate
  187. Part VII: MISCELLANEOUS
  188. 72Return of members and record of returns etc.
  189. Schedule 3: ABSENT VOTING
  190. 1General requirements for applications
  191. 2Additional requirements for applications on grounds of physical incapacity
  192. 3Additional requirements for applications based on occupation, service or employment
  193. 4Additional requirements for applications for proxy votes in respect of a particular election
  194. 5Additional requirements for applications for appointment of a proxy
  195. 6Closing dates for applications
  196. 7Grant or refusal of applications
  197. 8Notice of appeal
  198. 9Cancellation of proxy appointment
  199. 10Inquiries by registration officer
  200. 11Records and lists kept under articles 9, 10 and 12
  201. 12Marked register for polling stations
  202. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  203. 1Interpretation
  204. Issue of postal ballot papers
  205. 2Combination of polls
  206. 3Form of declaration of identity
  207. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  208. 5Persons entitled to be present at receipt of postal ballot papers
  209. 6Notification of requirement of secrecy
  210. 7Time when postal ballot papers are to be issued
  211. 8Procedures on the issue of postal ballot papers
  212. 9Refusal to issue postal ballot paper
  213. 10Envelopes
  214. 11Delivery of postal ballot papers
  215. 12Sealing up of special lists and counterfoils
  216. 13Spoilt postal ballot paper
  217. 14Lost postal ballot paper
  218. Receipt of postal ballot papers
  219. 15Notice of opening of postal ballot paper envelopes
  220. 16Postal ballot boxes and receptacles
  221. 17Receipt of covering envelope
  222. 18Opening of postal voters' ballot box
  223. 19Opening of covering envelopes
  224. 20Procedure in relation to declarations of identity
  225. 21Opening of ballot paper envelopes
  226. 22Lists of rejected postal ballot papers
  227. 23Checking of lists kept under paragraph 22
  228. 24Sealing of receptacles
  229. 25Abandoned poll
  230. 26Forwarding of documents
  231. Schedule 5: COMBINATION OF POLLS
  232. Part 1: GENERAL
  233. 1Returning officers and polling stations
  234. 2Functions at combined polls
  235. 3Modification of provisions about expenses in this Order and the 1983 Act
  236. 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 14(1) OR (2)
  237. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  238. 5Rule 29 (colour of ballot papers)
  239. 6Rule 33 (notice of poll)
  240. 7Rule 37 (issue of official poll cards and notifications)
  241. 8Rule 38 (equipment of polling stations)
  242. 9Rule 39 (appointment of polling and counting agents)
  243. 10Rule 44 (questions to be put to voters)
  244. 11Rule 46 (voting procedure)
  245. 12Rule 47 (votes marked by presiding officer)
  246. 13Rule 48 (voting by persons with disabilities)
  247. 14Rule 49 (tendered ballot papers)
  248. 15Rule 51 (adjournment of poll in case of riot)
  249. 16Rule 52 (procedure on close of poll)
  250. 17Rule 53 (attendance at counting of votes)
  251. 18Rule 54 (the count)
  252. 19Rule 68 (delivery of documents to the sheriff clerk)
  253. 20Rule 71 (countermand or abandonment of poll etc. on death of candidate)
  254. 21Form of directions for the guidance of the voters in voting in Schedule 5
  255. Part III: MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2002 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)
  256. 22Modifications of the local elections rules: general provision
  257. 23Rule 1 of the local elections rules (timetable)
  258. 24Rule 13 of the local elections rules (the ballot papers)
  259. 25Rule 17 of the local elections rules (notice of poll)
  260. 26Rule 21 of the local elections rules (issue of official poll cards and notifications)
  261. 27Rule 22 of the local elections rules (equipment of polling stations)
  262. 28Rule 23 of the local elections rules (appointment of polling and counting agents)
  263. 29Rule 28 of the local elections rules (questions to be put to voters)
  264. 30Rule 30 of the local elections rules (voting procedure)
  265. 31Rule 31 of the local elections rules (votes marked by presiding officer)
  266. 32Rule 32 of the local elections rules (voting by persons with disabilities)
  267. 33Rule 33 of the local elections rules (tendered ballot papers)
  268. 34Rule 35 of the local elections rules (adjournment of poll in case of riot)
  269. 35Rule 36 of the local elections rules (procedure on close of poll)
  270. 36Rule 37 of the local elections rules (attendance at counting of votes)
  271. 37Rule 38 of the local elections rules (the count)
  272. 38Rule 45 of the local elections rules (delivery of documents)
  273. 39Rule 48 of local elections rules (countermand or abandonment of poll on death of candidate)
  274. 40Local elections rules: declaration of identity
  275. 41Local elections rules: elector’s official poll card and notification
  276. 42Local elections rules: declaration to be made by the companion of a voter with disabilities
  277. Schedule 6: LEGAL PROCEEDINGS
  278. IELECTION OR RETURN OF CONSTITUENCY MEMBER
  279. IIELECTION OR RETURN OF REGIONAL MEMBER
  280. Schedule 7: USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
  281. 1Use of rooms in school premises
  282. 2Lists of rooms in school premises
  283. 3Inspection etc. of lists
  284. OF FORMSARRANGEMENT OF FORMS
  285. Explanatory note