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The Scottish Parliament (Elections etc.) Order 2007

S.I. 2007/937 · Made 14 March 2007

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CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 14th March 2007

Coming into force in accordance with article 1

This Order is made in exercise of the powers conferred by sections 12(1) and 113 of the Scotland Act 1998f1.

The Secretary of State has consulted the Electoral Commission as required by section 7 of the Political Parties, Elections and Referendums Act 2000f2.

A draft of this Order has been laid before Parliament in accordance with section 115 of, and Schedule 7 to, the 1998 Act and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State for Scotland 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, paragraph 13 and by the European Parliamentary Elections Act 2002 (c. 24), Schedule 3, paragraph 7.

f2

2000 c. 41.

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 special lists
  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. 28Offences relating to applications for postal and proxy votes
  31. 29Breach of official duty
  32. 30Tampering with nomination papers, ballot papers etc
  33. 31False statements in nomination papers etc.
  34. 32Requirement of secrecy
  35. Part III: THE ELECTION CAMPAIGN
  36. 33Appointment of election agent
  37. 34Nomination of sub agent
  38. 35Office of election agent
  39. 36Effect of default in election agent’s appointment
  40. 37Expenses of constituency candidate
  41. 38Payment of expenses through election agent: constituency and individual candidates
  42. 39Expenses which may be paid otherwise than by election agent
  43. 40Expenses incurred otherwise than for election purposes
  44. 41Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
  45. 42Limitation of election expenses: candidates
  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. 47Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
  51. 48Declarations as to election expenses: candidates on a registered party’s regional list
  52. 49Where no return and declaration is needed
  53. 50Penalty for failure as respects return of declarations
  54. 51Penalty for sitting or voting where no return and declaration is transmitted
  55. 52Authorised excuses for failure as to return and declarations
  56. 53Court’s power to require information from election agent or sub agent
  57. 54Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
  58. 55Publication of time and place of inspection of returns and declarations
  59. 56Inspection of returns and declarations: candidates
  60. 57Meaning of Election Expenses
  61. 58Election Expenses – list of matters and general exclusions
  62. 59Property, goods, services etc provided free of charge or at a discount
  63. 60Right to send election address post free
  64. 61Remuneration for free postal services provided
  65. 62Broadcasting from outside United Kingdom
  66. 63Broadcasting of local items during election period
  67. 64Imitation poll cards and notifications
  68. 65Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  69. 66Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  70. 67Disturbances at Scottish parliamentary election meetings
  71. 68Officials not to act for candidates
  72. 69Illegal canvassing by police officers
  73. 70False statements as to candidates
  74. 71Corrupt withdrawal from candidature
  75. 72Payments for exhibition of election notices
  76. 73Printer’s name and address on election publications
  77. 74Prohibition of paid canvassers
  78. 75Providing money for illegal purposes
  79. 76Bribery
  80. 77Treating
  81. 78Undue influence
  82. 79Rights of creditors
  83. 80Savings as to Scottish parliamentary elections
  84. 81Interpretation of Part III
  85. 82Computation of time for purposes of Part III
  86. Part IV: LEGAL PROCEEDINGS
  87. 83Application of certain provisions for Scottish parliamentary elections
  88. Part V: MISCELLANEOUS AND SUPPLEMENTAL
  89. 84Vacancies: constituency seats
  90. 85Vacancies: regional member seats
  91. 86Modification of section 10 of the 1998 Act
  92. 87Dissolution of Parliament: minimum period
  93. 88Advertisements
  94. 89Forms and documents: variations and translations
  95. 90Sending of applications, notices etc
  96. 91Interference with notices etc
  97. 92Premises used for election purposes
  98. 93Correction of procedural errors
  99. 94Effect of demise of the Crown
  100. 95Consequential amendment
  101. Signature
  102. Schedule 1: ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS
  103. 1Supply of free copy of full register for electoral purposes
  104. 2Supply of full register etc under paragraphs 3 and 4: general provisions
  105. 3Supply of full register etc to elected representatives for electoral purposes and restrictions on use
  106. 4Supply of full register etc to certain candidates and restrictions on use
  107. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  108. Part I: Provisions as to time
  109. 1Timetable
  110. 2Timetable – Election to fill a vacancy in a constituency seat
  111. 3Computation of time
  112. Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  113. Notice of election
  114. 4Notice of election
  115. Nomination
  116. 5Nomination of candidate for return as a constituency member
  117. 6Nomination of individual candidate for return as a regional member
  118. 7Nomination of candidates on a regional list
  119. 8Constituency nomination papers: name of registered party
  120. 9Nomination papers and regional lists: miscellaneous
  121. 10Consent to nomination
  122. 11Deposit
  123. 12Place for delivery of constituency nomination papers
  124. 13Place for delivery of individual nomination papers and regional lists
  125. 14Right to attend nomination
  126. 15Decisions as to validity of constituency nomination papers
  127. 16Decisions as to validity of individual nomination papers
  128. 17Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  129. 18Withdrawal of candidates
  130. 19Publication of statement of persons nominated as candidates for return as a constituency member
  131. 20Publication of statement of persons and parties nominated for return as regional members
  132. 21Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  133. 22Disqualification by Representation of the People Act 1981: candidates for return as regional members
  134. 23Adjournment of nomination proceedings in the case of riot
  135. 24Method of election: candidates for return as constituency members
  136. 25Method of election: candidates for return as regional members
  137. Part III: CONTESTED ELECTIONS
  138. General Provisions
  139. 26Poll to be taken by ballot
  140. 27The ballot paper: constituency candidates
  141. 28The ballot paper: regional candidates
  142. 29Corresponding number list
  143. 30The official mark
  144. 31Prohibition of disclosure of vote
  145. 32Use of schools and public rooms
  146. Action to be taken before the poll
  147. 33Notice of poll
  148. 34Postal ballot papers
  149. 35Provision of polling stations
  150. 36Appointment of presiding officers and clerks
  151. 37Issue of official poll cards
  152. 38Equipment of polling stations
  153. 39Appointment of polling and counting agents
  154. 40Notification of requirement of secrecy
  155. The Poll
  156. 41Admission to polling station
  157. 42Keeping of order in station
  158. 43Sealing of ballot boxes
  159. 44Questions to be put to voters
  160. 45Challenge of voter
  161. 46Voting procedure
  162. 47Votes marked by presiding officer
  163. 48Voting by persons with disabilities
  164. 49Tendered ballot papers
  165. 50Spoilt ballot papers
  166. 51Correction of errors on day of poll
  167. 52Adjournment of poll in case of riot
  168. 53Procedure on close of poll
  169. Counting of votes
  170. 54Attendance at counting of votes
  171. 55The count
  172. 56Re-count: constituency election
  173. 57Re-count: regional votes in a constituency
  174. 58Rejected ballot papers
  175. 59Decisions on ballot papers
  176. 60Equality of votes: election for return of constituency members
  177. 61Conveying results of count etc. to regional returning officer
  178. Part IV: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  179. 62Declaration of result: constituency members
  180. 63Attendance at allocation of seats for regional members
  181. 64Allocation of seats
  182. 65Equality of votes at poll for return of regional members
  183. 66Declaration of results: regional members
  184. 67Return or forfeiture of deposit
  185. Part V: DISPOSAL OF DOCUMENTS
  186. 68Sealing up of ballot papers
  187. 69Delivery of documents to the sheriff clerk
  188. 70Orders for production of documents and records
  189. 71Retention and public inspection of documents
  190. Part VI: DEATH OF CANDIDATE
  191. 72Countermand or abandonment of poll etc. on death of candidate
  192. Part VII: MISCELLANEOUS
  193. 73Return of members and record of returns etc.
  194. Schedule 3: ABSENT VOTING
  195. 1General requirements for applications
  196. 2Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 9(4) or 12(5)
  197. 3Additional requirements for applications on grounds of disability
  198. 4Additional requirements for applications based on occupation, service or employment
  199. 5Additional requirements for applications for a proxy vote in respect of a particular election
  200. 6Additional requirements for applications for appointment of a proxy
  201. 7Closing dates for applications
  202. 8Grant or refusal of applications
  203. 9Notice of appeal
  204. 10Cancellation of proxy appointment
  205. 11Inquiries by registration officer
  206. 12Records and lists kept under articles 9, 10 and 12
  207. 13Marked register for polling stations
  208. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  209. 1Interpretation
  210. Issue of postal ballot papers
  211. 2Combination of polls
  212. 3Form of postal voting statement
  213. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  214. 5Persons entitled to be present at receipt of postal ballot papers
  215. 6Notification of requirement of secrecy
  216. 7Time when postal ballot papers are to be issued
  217. 8Procedures on the issue of postal ballot papers
  218. 9Refusal to issue postal ballot paper
  219. 10Envelopes
  220. 11Delivery of postal ballot papers
  221. 12Security of marked lists
  222. 13Spoilt postal ballot paper
  223. 14Lost postal ballot paper
  224. Receipt of postal ballot papers
  225. 15Notice of opening of postal ballot paper envelopes
  226. 16Postal ballot boxes and receptacles
  227. 17Receipt of covering envelope and collection of postal votes
  228. 18Opening of postal voters' ballot box
  229. 19Opening of covering envelopes
  230. 20Procedure in relation to postal voting statements
  231. 21Opening of ballot paper envelopes
  232. 22Cancellation of postal ballot papers
  233. 23Lists of rejected postal ballot papers
  234. 24Checking of lists kept under paragraph 23
  235. 25Confirming receipt of postal votes and postal voting statements
  236. 26Sealing of receptacles
  237. 27Abandoned poll
  238. 28Forwarding of documents
  239. Schedule 5: COMBINATION OF POLLS
  240. Part I: GENERAL
  241. 1Returning officers and polling stations
  242. 2Functions at combined polls
  243. 3Modification of provisions about expenses in this Order and the 1983 Act
  244. 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)
  245. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  246. 5Rule 28 (The ballot paper: regional candidates)
  247. 6Rule 33 (notice of poll)
  248. 7Rule 37 (issue of official poll cards)
  249. 8Rule 38 (equipment of polling stations)
  250. 9Rule 39 (appointment of polling and counting agents)
  251. 10Rule 44 (questions to be put to voters)
  252. 11Rule 46 (voting procedure)
  253. 12Rule 47 (votes marked by presiding officer)
  254. 13Rule 48 (voting by persons with disabilities)
  255. 14Rule 49 (tendered ballot papers)
  256. 15Rule 52 (adjournment of poll in case of riot)
  257. 16Rule 53 (procedure on close of poll)
  258. 17Rule 54 (attendance at counting of votes)
  259. 18Rule 55 (the count)
  260. 19Rule 69 (delivery of documents to the sheriff clerk)
  261. 20Rule 72 (countermand or abandonment of poll etc. on death of candidate)
  262. 21Form of directions for the guidance of the voters in voting in Schedule 5
  263. Part III: MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2007 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)
  264. 22Modifications of the local elections rules: general provision
  265. 23Rule 14 of the local elections rules (the ballot papers)
  266. 24Rule 19 of the local elections rules (notice of poll)
  267. 25Rule 23 of the local elections rules (issue of official poll cards and notifications)
  268. 26Rule 24 of the local elections rules (equipment of polling stations)
  269. 27Rule 25 of the local elections rules (appointment of polling and counting agents)
  270. 28Rule 30 of the local elections rules (questions to be put to voters)
  271. 29Rule 32 of the local elections rules (voting procedure)
  272. 30Rule 33 of the local elections rules (votes marked by presiding officer)
  273. 31Rule 34 of the local elections rules (voting by persons with disabilities)
  274. 32Rule 35 of the local elections rules (tendered ballot papers)
  275. 33Rule 38 of the local elections rules (adjournment of poll in case of riot)
  276. 34Rule 39 of the local elections rules (procedure on close of poll)
  277. 35Rule 40 of the local elections rules (attendance at counting of votes)
  278. 36Rule 42 of the local elections rules (the count)
  279. 37Rule 57 of the local elections rules (delivery of documents)
  280. 38Rule 60 of local elections rules (countermand or abandonment of poll on death of candidate)
  281. 39Local elections rules: postal voting statement
  282. 40Local elections rules: declaration by the companion of a voter with disabilities
  283. Schedule 6: LEGAL PROCEEDINGS
  284. IELECTION OR RETURN OF CONSTITUENCY MEMBER
  285. IIELECTION OR RETURN OF REGIONAL MEMBER
  286. Schedule 7: USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
  287. 1Use of rooms in school premises
  288. 2Lists of rooms in school premises
  289. 3Inspection etc. of lists
  290. OF FORMSARRANGEMENT OF FORMS
  291. Explanatory note