Paragraph 38 Equipment of polling stationsI1

Scotland

(1)

The CRO shall provide each presiding officer with such number of ballot boxes and ballot papers as in the CRO’s opinion may be necessary and at a Scottish parliamentary general election separate ballot boxes shall be provided for the constituency ballot papers and for the regional ballot papers.

(2)

Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

(3)

The CRO shall provide each polling station with—

(a)

materials to enable voters to mark the ballot papers;

(b)

copies of the polling register or such part of it as contains the entries relating to electors allotted to the station;

(c)

the parts of any list of proxies prepared for the election corresponding to the polling register or the part of it provided under sub-paragraph (b);

(d)

a list containing that part of the list prepared under rule 29 which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station (“corresponding number list”);

(e)

copies of forms and declarations and other documents required for the purpose of the poll; and

(f)

at least one list showing the names of the candidates who appear on the regional list of each party shown on any regional ballot paper, followed by the names of the individual candidates, as given in the statement prepared under rule 19 and arranged in the order in which their names appear on that list.

(4)

The CRO shall also provide each polling station with—

(a)

at least one enlarged sample copy of a constituency ballot paper and any regional ballot paper for display at the station and at least one enlarged hand-held sample copy of that or those ballot papers for the assistance of voters who are partially sighted (in each case marked as required by article 86); and

F1(b)

such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 46 (including in relation to voting secretly).

F2(4A)

For the purposes of sub-paragraph (4)(b) “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 46 because of—

(a)

blindness or partial sight, or

(b)

another disability.

(4B)

The Electoral Commission must give guidance to CROs in relation to the duty imposed by sub-paragraph (4)(b).

(4C)

Before giving guidance under sub-paragraph (4B), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.

(4D)

In performing the duty imposed by sub-paragraph (4)(b), a CRO must have regard to guidance given under sub-paragraph (4B).

F3(5)

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(6)

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(7)

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(8)

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(9)

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(10)

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(11)

A notice in the form N1 set out in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

(12)

At a Scottish parliamentary general election a notice in the form O set out in the Appendix, giving information for voters, shall be exhibited in every compartment of every polling station.

(13)

The statements required by rule 18 (statement of persons nominated as candidates for return as a constituency member) and (except in the case of a poll to fill a vacancy in the seat of a constituency member) rule 19 (statement of persons and parties nominated for return as regional members) shall be printed in conspicuous characters and exhibited inside or outside every polling station and may be exhibited both inside and outside any polling station.

Annotations

Textual amendments

F1: Sch. 2 rule 38(4)(b) substituted (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), 14(a)
F2: Sch. 2 rule 38(4A)-(4D) 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), 14(b)
F3: Sch. 2 rule 38(5)-(10) omitted (with effect in accordance with art. 1(2) of the amending S.S.I.) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 14(c)

Commencement

I1: Sch. 2 para. 38 in force at 16.12.2015 in accordance with art. 1(1)