OpenLegislation

Paragraph 1A Application of timetable where proceedings at a Scottish parliamentary election are postponedF1

(1)

Paragraph (2) applies where—

(a)

a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

(b)

the date of the poll has been postponed by proclamation under section 2(5) F2or (5E), or section 3(2B) of the 1998 Act, and

(c)

the date proposed by proclamation (“the new date”) is less than five days after the date of the poll specified in the notice of election.

(2)

The CRO or RRO must—

(a)

publish a notice stating that the date has changed and specifying the new date, and

(b)

comply with the requirements of this schedule in accordance with the new date.

(3)

Paragraphs (4) and (5) apply where—

(a)

a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

(b)

the date of the poll has been postponed by proclamation under section 2(5) F3or (5E), or section 3(2B) of the 1998 Act, and

(c)

the date proposed by proclamation (“the new date”) is five days or more after the date of the poll specified in the notice of election.

(4)

The CRO or RRO must—

(a)

publish a notice stating that the date has changed and specifying the new date, and

(b)

comply with the requirements of this schedule in accordance with the new date.

(5)

Notwithstanding sub-paragraph (4)(b), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the poll to be held on the new date.

(6)

Paragraphs (7) and (8) apply where—

(a)

the statement of persons nominated has been published in accordance with the timetable in rule 1 of this schedule, and

(b)

the date of the poll has been postponed by proclamation under section 2(5) F4or (5E), or section 3(2B) of the 1998 Act.

(7)

The CRO or RRO must—

(a)

publish a notice stating that the date has changed and specifying the new date,

(b)

publish a new statement of persons nominated as candidates for return as a constituency member required by rule 18 or, as the case may be, statement of persons and parties nominated for return as regional members required by rule 19,

(c)

publish a new notice of poll to accompany the statements of persons nominated as required by rule 33, and

(d)

comply with the requirements of this schedule in accordance with the new date.

(8)

Notwithstanding sub-paragraph (7)(b) to (d), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the postponed poll to be held on the new date.

(9)

In this rule—

(a)

“nomination papers” includes constituency nomination papers, individual nomination papers and regional lists,

(b)

any reference to a period of time is to be interpreted in accordance with rule 2 (computation of time).

Annotations

Textual amendments

F1

Sch. 2 rules 1A, 1B inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 15(2) (with art. 1(2))

F2

Words in sch. 2 rule 1A(1)(b) inserted (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 13(a)(i)

F3

Words in sch. 2 rule 1A(3)(b) inserted (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 13(a)(ii)

F4

Words in sch. 2 rule 1A(6)(b) inserted (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 13(a)(iii)