OpenLegislation

The Scottish Parliament (Elections etc.) Order 2010

S.I. 2010/2999 · Made 16 December 2010 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 July 2015.

See the changes not yet applied
ProvisionChangeMade by
Orderrevoked in partScottish Parliament (Elections etc.) 2015 Sch. 9 para. 2 3
art. 2(1)words insertedScottish Parliament (Elections etc.) 2020 art. 6
art. 21(3)(b)(iii)words substitutedScottish Parliament (Elections etc.) 2020 art. 7
Orderrevoked (except art. 87 and sch. 2 rule 65)Scottish Parliament (Elections etc.) 2020 sch. para. 2 3

Constitutional Law

Devolution, Scotland

Made 16th December 2010

Coming into force in accordance with article 1(1)

This Order is made in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 1998f1.

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

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.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement, transitional and saving provisions
  3. 2Interpretation
  4. Part 2: 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 or a particular period
  11. 9Absent vote at a particular Scottish parliamentary election and special lists
  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. 18Payment by and to returning officers
  21. 19Taxation of returning officer’s account
  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. 27Offences relating to applications for postal and proxy votes
  30. 28Breach of official duty
  31. 29Tampering with nomination papers, ballot papers etc.
  32. 30False statements in nomination papers etc.
  33. 31Requirement of secrecy
  34. Part 3: THE ELECTION CAMPAIGN
  35. 32Appointment of election agent
  36. 33Appointment of sub-agent
  37. 34Office of election agent
  38. 35Effect of default in election agent’s appointment
  39. 36Control of donations to candidates
  40. 37Expenses of constituency candidate
  41. 38Payment of expenses through election agent: constituency and individual regional 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: constituency and individual regional candidates
  45. 42Limitation of election expenses: constituency and individual regional candidates
  46. 43Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections
  47. 44Time for sending in and paying claims
  48. 45Disputed claims
  49. 46Election agent’s claim
  50. 47Return as to election expenses: constituency and individual regional candidates
  51. 48Declarations as to election expenses: constituency and individual regional candidates
  52. 49Declarations as to election expenses: candidates on a registered party’s regional list
  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. 55Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
  59. 56Publication of time and place of inspection of returns and declarations
  60. 57Inspection of returns and declarations: candidates
  61. 58Meaning of “election expenses”
  62. 59Election expenses — list of matters and general exclusions
  63. 60Property, goods, services etc provided free of charge or at a discount
  64. 61Right to send election address post free
  65. 62Remuneration for free postal services provided
  66. 63Broadcasting from outside United Kingdom
  67. 64Broadcasting of local items during election period
  68. 65Imitation poll cards and notifications
  69. 66Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  70. 67Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  71. 68Disturbances at Scottish parliamentary election meetings
  72. 69Officials not to act for candidates
  73. 70Illegal canvassing by police officers
  74. 71False statements as to candidates
  75. 72Corrupt withdrawal from candidature
  76. 73Payments for exhibition of election notices
  77. 74Details to appear on election publications
  78. 75Prohibition of paid canvassers
  79. 76Providing money for illegal purposes
  80. 77Bribery
  81. 78Treating
  82. 79Undue influence
  83. 80Rights of creditors
  84. 81Savings as to Scottish parliamentary elections
  85. 82Interpretation of Part 3
  86. 83Computation of time for purposes of Part 3
  87. Part 4: LEGAL PROCEEDINGS
  88. 84Application of certain provisions for Scottish parliamentary elections
  89. Part 5: MISCELLANEOUS AND SUPPLEMENTAL
  90. 85Vacancies: constituency seats
  91. 86Vacancies: regional member seats
  92. 87Modification of section 10 of the 1998 Act
  93. 88Dissolution of Parliament: minimum period
  94. 89Advertisements
  95. 90Forms and documents: variations and translations
  96. 91Sending of applications, notices etc.
  97. 92Interference with notices etc.
  98. 93Premises used for election purposes
  99. 94Correction of procedural errors
  100. 95Effect of demise of the Crown
  101. 96Consequential amendment
  102. 97Revocations
  103. Signature
  104. Schedule 1: ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS
  105. 1Supply of free copy of full register for electoral purposes
  106. 2Supply of full register etc under paragraphs 3 and 4: general provisions
  107. 3Supply of full register etc to elected representatives for electoral purposes and restrictions on use
  108. 4Supply of full register etc to certain candidates and restrictions on use
  109. 5Meaning of “edited register”
  110. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  111. Part 1: PROVISIONS AS TO TIME
  112. 1Timetable
  113. 2Computation of time
  114. Part 2: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  115. Chapter: Notice of election
  116. 3Notice of election
  117. Chapter: Nomination
  118. 4Nomination of candidate for return as a constituency member
  119. 5Nomination of individual candidate for return as a regional member
  120. 6Nomination of candidates on a regional list
  121. 7Constituency nomination papers: name of registered party
  122. 8Nomination papers and regional lists: miscellaneous
  123. 9Consent to nomination
  124. 10Deposit
  125. 11Place for delivery of constituency nomination papers
  126. 12Place for delivery of individual nomination papers and regional lists
  127. 13Right to attend nomination
  128. 14Decisions as to validity of constituency nomination papers
  129. 15Decisions as to validity of individual nomination papers
  130. 16Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  131. 17Withdrawal of candidates
  132. 18Publication of statement of persons nominated as candidates for return as a constituency member
  133. 19Publication of statement of persons and parties nominated for return as regional members
  134. 20Correction of minor errors
  135. 21Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  136. 22Disqualification by Representation of the People Act 1981: candidates for return as regional members
  137. 23Adjournment of nomination proceedings in the case of riot
  138. 24Method of election: candidates for return as constituency members
  139. 25Method of election: candidates for return as regional members
  140. Part 3: CONTESTED ELECTIONS
  141. Chapter: General Provisions
  142. 26Poll to be taken by ballot
  143. 27The ballot paper: constituency candidates
  144. 28The ballot paper: regional candidates
  145. 29Corresponding number list
  146. 30The official mark
  147. 31Prohibition of disclosure of vote
  148. 32Use of schools and public rooms
  149. Chapter: Action to be taken before the poll
  150. 33Notice of poll
  151. 34Postal ballot papers
  152. 35Provision of polling stations
  153. 36Appointment of presiding officers and clerks
  154. 37Issue of official poll cards
  155. 38Equipment of polling stations
  156. 39Appointment of polling and counting agents
  157. 40Notification of requirement of secrecy
  158. Chapter: The Poll
  159. 41Admission to polling station
  160. 42Keeping of order in station
  161. 43Sealing of ballot boxes
  162. 44Questions to be put to voters
  163. 45Challenge of voter
  164. 46Voting procedure
  165. 47Votes marked by presiding officer
  166. 48Voting by persons with disabilities
  167. 49Tendered ballot papers
  168. 50Spoilt ballot papers
  169. 51Correction of errors on day of poll
  170. 52Adjournment of poll in case of riot
  171. 53Procedure on close of poll
  172. Chapter: Counting of votes
  173. 54Attendance at counting of votes
  174. 55The count
  175. 56Re-count: constituency election
  176. 57Re-count: regional votes in a constituency
  177. 58Rejected ballot papers
  178. 59Decisions on ballot papers
  179. 60Equality of votes: election for return of constituency members
  180. 61Conveying results of count etc. to RRO
  181. Part 4: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  182. 62Declaration of result: constituency members
  183. 63Attendance at allocation of seats for regional members
  184. 64Allocation of seats
  185. 65Equality of votes at poll for return of regional members
  186. 66Declaration of results: regional members
  187. 67Return or forfeiture of deposit
  188. Part 5: DISPOSAL OF DOCUMENTS
  189. 68Sealing up of ballot papers
  190. 69Retention of documents by CRO
  191. 70Orders for production of documents and records
  192. 71Retention and public inspection of documents
  193. Part 6: DEATH OF CANDIDATE
  194. 72Constituency election: death of independent candidate
  195. 73Constituency election: deceased independent candidate wins
  196. 74Constituency election: deceased independent candidate with equality of votes
  197. 75Constituency election: death of party candidate
  198. 76Regional election: effect of countermand or abandonment of constituency poll
  199. 77Regional election: death of candidate
  200. 78Abandoned poll
  201. Part 7: MISCELLANEOUS
  202. 79Return of members and record of returns etc.
  203. Schedule 3: ABSENT VOTING
  204. 1General requirements for applications
  205. 2Checking of signatures
  206. 3Provision of fresh signatures
  207. 4Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)
  208. 5Additional requirements for applications on grounds of disability
  209. 6Additional requirements for applications for a proxy vote based on occupation, service or employment
  210. 7Additional requirements for applications for a proxy vote in respect of a particular election
  211. 8Additional requirements for applications for appointment of a proxy
  212. 9Closing dates for applications
  213. 10Grant or refusal of applications for a postal or proxy vote
  214. 11Notice of appeal
  215. 12Cancellation of proxy appointment
  216. 13Inquiries by registration officer about postal and proxy voters
  217. 14Requirement to provide fresh signatures at five yearly intervals
  218. 15Absent voting lists: form
  219. 16Absent voting lists: supply of copies, etc.
  220. 17Absent voting lists: inspection
  221. 18Supply and inspection of absent voting lists: general provisions
  222. 19Conditions on the use, supply and inspection of absent voter lists
  223. 20Conditions on the use, supply and inspection of absent voter lists
  224. 21Supply and inspection of absent voting lists: offences
  225. 22The personal identifiers record
  226. 23Use of personal identifier information
  227. 24Marked register for polling stations
  228. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  229. 1Interpretation
  230. 2Combination of polls
  231. 3Form of postal voting statement
  232. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  233. 5Persons entitled to be present at receipt of postal ballot papers
  234. 6Notification of requirement of secrecy
  235. 7Time when postal ballot papers are to be issued
  236. 8Procedures on the issue of postal ballot papers
  237. 9Refusal to issue postal ballot paper
  238. 10Envelopes
  239. 11Delivery of postal ballot papers
  240. 12Security of marked lists
  241. 13Spoilt ballot paper
  242. 14Lost postal ballot paper
  243. 15Notice of opening of postal ballot paper envelopes
  244. 16Postal ballot boxes and receptacles
  245. 17Receipt of covering envelope and collection of postal votes
  246. 18Opening of postal voters’ ballot box
  247. 19Opening of covering envelopes
  248. 20Procedure in relation to postal voting statements
  249. 21Procedure in relation to postal voting statements: personal identifier verification
  250. 22Postal voting statements: additional personal identifier verification
  251. 23Opening of ballot paper envelopes
  252. 24Cancellation of postal ballot papers
  253. 25Lists of rejected postal ballot papers
  254. 26Checking of lists kept under paragraph 25
  255. 27Confirming receipt of postal votes and postal voting statements
  256. 28Sealing of receptacles
  257. 29Abandoned poll
  258. 30Retention of documents by CRO
  259. Schedule 5: COMBINATION OF POLLS
  260. Part 1: GENERAL
  261. 1Returning officers and polling stations
  262. 2Functions at combined polls
  263. 3Modification of provisions about expenses in this Order and the 1983 Act
  264. Part 2: MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES
  265. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  266. 5Colour of ballot papers where polls combined
  267. 6Rule 33 (notice of poll)
  268. 7Rule 37 (issue of official poll cards)
  269. 8Rule 38 (equipment of polling stations)
  270. 9Rule 39 (appointment of polling and counting agents)
  271. 10Rule 44 (questions to be put to voters)
  272. 11Rule 46 (voting procedure)
  273. 12Rule 47 (votes marked by presiding officer)
  274. 13Rule 48 (voting by persons with disabilities)
  275. 14Rule 49 (tendered ballot papers)
  276. 15Rule 52 (adjournment of poll in case of riot)
  277. 16Rule 53 (procedure on close of poll)
  278. 17Rule 54 (attendance at counting of votes)
  279. 18Rule 55 (the count)
  280. 19Rule 70 (orders for production of documents and records)
  281. 20Countermand or abandonment of poll etc. on death of candidate
  282. Part 3: MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
  283. 21Modifications of the local elections rules: general provision
  284. 22Rule 14 of the local elections rules (the ballot papers)
  285. 23Rule 19 of the local elections rules (notice of poll)
  286. 24Rule 23 of the local elections rules (issue of official poll cards and notifications)
  287. 25Rule 24 of the local elections rules (equipment of polling stations)
  288. 26Rule 25 of the local elections rules (appointment of polling and counting agents)
  289. 27Rule 30 of the local elections rules (questions to be put to voters)
  290. 28Rule 32 of the local elections rules (voting procedure)
  291. 29Rule 33 of the local elections rules (votes marked by presiding officer)
  292. 30Rule 34 of the local elections rules (voting by persons with disabilities)
  293. 31Rule 35 of the local elections rules (tendered ballot papers)
  294. 32Rule 38 of the local elections rules (adjournment of poll in case of riot)
  295. 33Rule 39 of the local elections rules (procedure on close of poll)
  296. 34Rule 40 of the local elections rules (attendance at counting of votes)
  297. 35Rule 42 of the local elections rules (the count)
  298. 36Rule 57 of the local elections rules (delivery of documents)
  299. 37Rule 58 of the local election rules (orders for production of documents)
  300. 38Rule 60 of local elections rules (countermand or abandonment of poll on death of candidate)
  301. 39Local elections rules: postal voting statement
  302. 40Local elections rules: declaration by the companion of a voter with disabilities
  303. Schedule 6: LEGAL PROCEEDINGS
  304. 1ELECTION OR RETURN OF CONSTITUENCY MEMBER
  305. 2ELECTION OR RETURN OF REGIONAL MEMBER
  306. Schedule 7: USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS
  307. 1Use of rooms in school premises
  308. 2Lists of rooms in school premises and meeting rooms
  309. 3Inspection etc. of lists
  310. Schedule 8: ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
  311. 1Interpretation of this Schedule
  312. 2Supply of marked registers and lists after an election
  313. 3Inspection of documents open to public inspection
  314. 4Restrictions on supply and disclosure of documents open to public inspection
  315. 5Restriction on use of documents open to public inspection, or of information contained in them
  316. 6Calculating the fee for supply of marked registers or lists
  317. 7Failure to comply with conditions relating to supply etc of certain documents
  318. Schedule 9REVOCATIONS
  319. APPENDIX OF FORMS
  320. CONTENTS
  321. Explanatory note