OpenLegislation

The Scottish Parliament (Elections etc.) Order 2015

S.S.I. 2015/425 · Made 15 December 2015 · Extends to Scotland

Not fully up to date. 33 changes made by later legislation have not yet been written into this text, which is revised to 5 February 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 3 para. 14(A1)insertedAbsent Voting 2026 art. 12
Sch. 3 para. 9B 9CinsertedAbsent Voting 2026 art. 9
art. 87(3)words insertedAbsent Voting 2026 art. 7
Sch. 3 para. 1(1)(aa)insertedAbsent Voting 2026 art. 8(a)
Sch. 3 para. 1(5)word substitutedAbsent Voting 2026 art. 8(b)
Sch. 3 para. 1(6)substitutedAbsent Voting 2026 art. 8(c)
Sch. 3 para. 10(1A)insertedAbsent Voting 2026 art. 10(a)
Sch. 3 para. 10(7A)-(7F)insertedAbsent Voting 2026 art. 10(b)
Sch. 3 para. 13AinsertedAbsent Voting 2026 art. 11
art. 2(1)words insertedAbsent Voting 2026 art. 4(a)
art. 2(1)words insertedAbsent Voting 2026 art. 4(b)
art. 8 headingwords omittedAbsent Voting 2026 art. 5(i)
art. 8(1)words omittedAbsent Voting 2026 art. 5(a)
art. 8(1A)insertedAbsent Voting 2026 art. 5(b)
art. 8(4)(a)omittedAbsent Voting 2026 art. 5(c)(i)
art. 8(4)(b)words insertedAbsent Voting 2026 art. 5(c)(ii)
art. 8(4)(c)words insertedAbsent Voting 2026 art. 5(c)(iii)
art. 8(5)word substituted for full stopAbsent Voting 2026 art. 5(f)(i)
art. 8(5)(d)word omittedAbsent Voting 2026 art. 5(d)
art. 8(5)(e)words omittedAbsent Voting 2026 art. 5(e)
art. 8(5)(f)insertedAbsent Voting 2026 art. 5(f)(ii)
art. 8(7)words omittedAbsent Voting 2026 art. 5(g)
art. 8(7A)insertedAbsent Voting 2026 art. 5(h)
art. 11(4)-(4B)substituted for art. 11(4)Absent Voting 2026 art. 6(a)
art. 11(5)(a)substitutedAbsent Voting 2026 art. 6(b)
art. 11(9)(b)substitutedAbsent Voting 2026 art. 6(c)
sch. 3 para. 9C(2)(a)words insertedAbsent Voting 2026 reg. 22(2)
sch. 3 para. 1(9)-(14)insertedAbsent Voting 2026 reg. 18
sch. 3 para. 7(7F)(7G)insertedAbsent Voting 2026 reg. 19
sch. 3 para. 8A and cross-headinginsertedAbsent Voting 2026 reg. 20
sch. 3 para. 9(4E)(4F)insertedAbsent Voting 2026 reg. 21
sch. 3 para. 9A and cross-headinginsertedAbsent Voting 2026 reg. 22(1)
art. 2(1)words insertedAbsent Voting 2026 reg. 17

Constitutional Law

Representation Of The People

Made 15th December 2015

Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 1998f1 and all other powers enabling them to do so.

In accordance with section 12(7) of that Actf2 they have consulted the Secretary of State.

C1C2C3In accordance with section 7(1) and (2)(g) of the Political Parties, Elections and Referendums Act 2000f3 they have consulted the Electoral Commission.

In accordance with section 115 of, and Schedule 7 to, the Scotland Act 1998f4, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.C4

Annotations to the whole text

Modifications

C1

Order modified (30.1.2021) by Scottish General Election (Coronavirus) Act 2021 (asp 5), s. 7 (with s. 12)

C2

Order: power to modify conferred (30.1.2021) by Scottish General Election (Coronavirus) Act 2021 (asp 5), s. 8(9) (with s. 12)

C3

Order applied (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 11 para. 2(3); S.I. 2023/1145, reg. 3(l)

C4

Order modified (temp.) (19.11.2025) by The Representation of the People Act 1983 Remedial (Scotland) Order 2025 (S.S.I. 2025/353), art. 1(1), sch. para. 3 (with arts. 1(3), 2, 8)

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, by the European Parliamentary Elections Act 2002 (c.24), Schedule 3, paragraph 7 and by the Scotland Act 2012 (c.11), section 1. The powers in section 113(2), (4) and (5) of the Scotland Act 1998 are extended to the Scottish Ministers by section 113(1A) of that Act, which is inserted by section 3 of the Scotland Act 2012.

f2

Section 12(7) is inserted by section 1(7) of the Scotland Act 2012.

f3

2000 c.2.

f4

Schedule 7 is amended by section 3 of the Scotland Act 2012; there are other amendments that are not relevant to this Order.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and transitional provision
  3. 2Interpretation
  4. Part 2: THE FRANCHISE AND ITS EXERCISE
  5. 3Supply of electoral registers
  6. 3ARegister of electors etc.
  7. 4Registration and absent voting appeals
  8. 5Polling districts and places at elections
  9. 6Rules for Scottish parliamentary elections
  10. 7Manner of voting at Scottish parliamentary elections
  11. 8Absent vote at Scottish parliamentary elections for an indefinite or a particular period
  12. 9Absent vote at a particular Scottish parliamentary election and special lists
  13. 10Proxies at Scottish parliamentary elections
  14. 11Voting as proxy
  15. 12Absent voting at elections: miscellaneous
  16. 13Combination of polls
  17. 14Constituency returning officers
  18. 15Officers of local authorities to be placed at disposal of returning officers
  19. 16Returning officers: discharge of functions
  20. 17Returning officers: general
  21. 18Payments by and to returning officers
  22. 19Taxation of returning officer’s account
  23. 20Loan of equipment for Scottish parliamentary elections
  24. 21Effect of registers
  25. 22Effect of misdescription
  26. 23Discharge of registration duties
  27. 24Payment of expenses of registration duties
  28. 25Personation
  29. 26Other voting offences
  30. 27Offences relating to applications for postal and proxy votes
  31. 28Breach of official duty
  32. 29Tampering with nomination papers, ballot papers etc.
  33. 30False statements in nomination papers etc.
  34. 31Requirement of secrecy
  35. Part 3: THE ELECTION CAMPAIGN
  36. 32Appointment of election agent
  37. 33Appointment of sub-agent
  38. 34Office of election agent
  39. 35Effect of default in election agent’s appointment
  40. 36Control of donations to candidates
  41. 37Expenses of constituency candidate
  42. 38Payment of expenses through election agent: constituency and individual regional candidates
  43. 39Expenses which may be paid otherwise than by election agent
  44. 40Expenses incurred otherwise than for election purposes
  45. 41Prohibition of expenses not authorised by election agent: constituency and individual regional candidates
  46. 42Limitation of election expenses: constituency and individual regional candidates
  47. 43Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections
  48. 44Time for sending in and paying claims
  49. 45Disputed claims
  50. 46Election agent’s claim
  51. 47Return as to election expenses: constituency and individual regional candidates
  52. 48Declarations as to election expenses: constituency and individual regional candidates
  53. 49Declarations as to election expenses: candidates on a registered party’s regional list
  54. 50Where no return and declaration is needed
  55. 51Penalty for failure as respects return of declarations
  56. 52Penalty for sitting or voting where no return and declaration is transmitted
  57. 53Authorised excuses for failure as to return and declarations
  58. 54Court’s power to require information from election agent or sub-agent
  59. 55Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
  60. 56Publication of time and place of inspection of returns and declarations
  61. 57Inspection of returns and declarations: candidates
  62. 58Meaning of “election expenses”
  63. 59Election expenses — list of matters and general exclusions
  64. 60Property, goods, services etc. provided free of charge or at a discount
  65. 61Right to send election address post free
  66. 62Remuneration for free postal services provided
  67. 63Imitation poll cards and notifications
  68. 64Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
  69. 65Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
  70. 66Disturbances at Scottish parliamentary election meetings
  71. 67Officials not to act for candidates
  72. 68Illegal canvassing by police officers
  73. 69False statements as to candidates
  74. 70Corrupt withdrawal from candidature
  75. 71Payments for exhibition of election notices
  76. 72Details to appear on election publications
  77. 73Prohibition of paid canvassers
  78. 74Providing money for illegal purposes
  79. 75Bribery
  80. 76Treating
  81. 77Undue influence
  82. 78Rights of creditors
  83. 79Savings as to Scottish parliamentary elections
  84. 80Interpretation of Part 3
  85. 81Computation of time for purposes of Part 3
  86. Part 4: LEGAL PROCEEDINGS
  87. 82Application of certain provisions for Scottish parliamentary elections
  88. Part 5: MISCELLANEOUS AND SUPPLEMENTAL
  89. 83Vacancies: constituency seats
  90. 83AVacancies: regional member seats
  91. 84Dissolution of Parliament: minimum period
  92. 85Advertisements
  93. 86Forms and documents: variations and translations
  94. 87Sending of applications, notices etc.
  95. 88Interference with notices etc.
  96. 89Premises used for election purposes
  97. 90Correction of procedural errors
  98. 91Effect of demise of the Crown
  99. 92Consequential amendment
  100. 93Revocations
  101. Signature
  102. Schedule 1: SUPPLY OF ELECTORAL REGISTERS
  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. 5Meaning of “edited register” and “registration area”
  108. 6Information about persons aged under 16
  109. Schedule 2: SCOTTISH PARLIAMENTARY ELECTION RULES
  110. Part 1: PROVISIONS AS TO TIME
  111. 1Timetable
  112. 1AApplication of timetable where proceedings at a Scottish parliamentary election are postponed
  113. 1BUse of printed election materials where proceedings at a Scottish parliamentary election are postponed.
  114. 2Computation of time
  115. Part 2: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  116. Chapter: Notice of election
  117. 3Notice of election
  118. Nomination
  119. 4Nomination of candidate for return as a constituency member
  120. 5Nomination of individual candidate for return as a regional member
  121. 6Nomination of candidates on a regional list
  122. 7Constituency nomination papers: name of registered party
  123. 8Nomination papers and regional lists: miscellaneous
  124. 9Consent to nomination
  125. 10Deposit
  126. 11Place for delivery of constituency nomination papers
  127. 12Place for delivery of individual nomination papers and regional lists
  128. 13Right to attend nomination
  129. 14Decisions as to validity of constituency nomination papers
  130. 15Decisions as to validity of individual nomination papers
  131. 16Decisions as to validity of regional lists and as to the validity of nominations included on such a list
  132. 17Withdrawal of candidates
  133. 18Publication of statement of persons nominated as candidates for return as a constituency member
  134. 19Publication of statement of persons and parties nominated for return as regional members
  135. 20Correction of minor errors
  136. 21Disqualification by Representation of the People Act 1981: candidates for return as constituency members
  137. 22Disqualification by Representation of the People Act 1981: candidates for return as regional members
  138. 23Adjournment of nomination proceedings in the case of riot
  139. 24Method of election: candidates for return as constituency members
  140. 25Method of election: candidates for return as regional members
  141. Part 3: CONTESTED ELECTIONS
  142. Chapter: General Provisions
  143. 26Poll to be taken by ballot
  144. 27The ballot paper: constituency candidates
  145. 28The ballot paper: regional candidates
  146. 29Corresponding number list
  147. 30The official mark
  148. 31Prohibition of disclosure of vote
  149. 32Use of schools and public rooms
  150. Action to be taken before the poll
  151. 33Notice of poll
  152. 34Postal ballot papers
  153. 35Provision of polling stations
  154. 36Appointment of presiding officers and clerks
  155. 37Issue of official poll cards
  156. 38Equipment of polling stations
  157. 39Appointment of polling and counting agents
  158. 40Notification of requirement of secrecy
  159. The Poll
  160. 41Admission to polling station
  161. 42Keeping of order in station
  162. 43Sealing of ballot boxes
  163. 44Questions to be put to voters
  164. 45Challenge of voter
  165. 46Voting procedure
  166. 47Votes marked by presiding officer
  167. 48Voting by persons with disabilities
  168. 49Tendered ballot papers
  169. 50Spoilt ballot papers
  170. 51Correction of errors on day of poll
  171. 52Adjournment of poll in case of riot
  172. 53Procedure on close of poll
  173. Counting of votes
  174. 54Attendance at counting of votes
  175. 55The count
  176. 56Re-count: constituency election
  177. 57Re-count: regional votes in a constituency
  178. 58Rejected ballot papers
  179. 59Decisions on ballot papers
  180. 60Equality of votes: election for return of constituency members
  181. 61Conveying results of count etc. to RRO
  182. Part 4: FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
  183. 62Declaration of result: constituency members
  184. 63Attendance at allocation of seats for regional members
  185. 64Allocation of seats
  186. 65Declaration of results: regional members
  187. 66Return or forfeiture of deposit
  188. Part 5: DISPOSAL OF DOCUMENTS
  189. 67Sealing up of ballot papers
  190. 68Retention of documents by CRO
  191. 69Orders for production of documents and records
  192. 70Retention and public inspection of documents
  193. Part 6: DEATH OF CANDIDATE
  194. 71Constituency election: death of independent candidate
  195. 72Constituency election: deceased independent candidate wins
  196. 73Constituency election: deceased independent candidate with equality of votes
  197. 74Constituency election: death of party candidate
  198. 74ARegional election: effect of countermand or abandonment of constituency poll
  199. 75Regional election: death of candidate
  200. 76Abandoned poll
  201. Part 7: MISCELLANEOUS
  202. 77Return 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 for proxy vote on grounds of disability
  209. 6Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course
  210. 6AAdditional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution
  211. 7Additional requirements for applications for a proxy vote in respect of a particular election
  212. 7AEmergency change of proxy: proxy unable to vote in person
  213. 8Additional requirements for applications for appointment of a proxy
  214. 9Closing dates for applications
  215. 10Grant or refusal of applications for a postal or proxy vote
  216. 11Notice of appeal
  217. 12Cancellation of proxy appointment
  218. 13Inquiries by registration officer about postal and proxy voters
  219. 14Requirement to provide fresh signatures at five yearly intervals
  220. 14ADisapplication of January 2026 fresh signatures requirement
  221. 15Absent voting lists: form
  222. 16Absent voting lists: supply of copies, etc.
  223. 17Absent voting lists: inspection
  224. 18Supply and inspection of absent voting lists: general provisions
  225. 19Conditions on the use, supply and inspection of absent voter lists
  226. 20Conditions on the use, supply and inspection of absent voter lists
  227. 21Supply and inspection of absent voting lists: offences
  228. 22The personal identifiers record
  229. 23Use of personal identifier information
  230. 24Marked register for polling stations
  231. 25Notification of a rejected postal voting statement
  232. Schedule 4: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  233. 1Interpretation
  234. 2Combination of polls
  235. 3Form of postal voting statement
  236. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  237. 5Persons entitled to be present at receipt of postal ballot papers
  238. 6Notification of requirement of secrecy
  239. 7Time when postal ballot papers are to be issued
  240. 8Procedures on the issue of postal ballot papers
  241. 9Refusal to issue postal ballot paper
  242. 10Envelopes
  243. 11Delivery of postal ballot papers
  244. 12Security of marked lists
  245. 13Spoilt ballot paper
  246. 14Lost postal ballot paper
  247. 15Cancellation of postal ballot papers
  248. 16Notice of opening of postal ballot paper envelopes
  249. 17Postal ballot boxes and receptacles
  250. 18Receipt of covering envelope and collection of postal votes
  251. 19Opening of postal voters’ ballot box
  252. 20Opening of covering envelopes
  253. 21Confirming receipt of postal votes and postal voting statements
  254. 22Procedure in relation to postal voting statements: personal identifier verification
  255. 23Opening of ballot paper envelopes
  256. 24Retrieval of cancelled postal ballot papers
  257. 25Lists of rejected postal ballot papers
  258. 26Checking of lists kept under paragraph 25
  259. 27Sealing of receptacles
  260. 28Abandoned poll
  261. 29Retention of documents by CRO
  262. 30Forwarding of a rejected ballot paper list by CRO
  263. Schedule 5: COMBINATION OF POLLS
  264. Part 1: GENERAL
  265. 1Returning officers and polling stations
  266. 2Functions at combined polls
  267. 3Modification of provisions about expenses in this Order and the 1983 Act
  268. Part 2: MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES
  269. 4Modifications of the Scottish Parliamentary Election Rules: general provision
  270. 5Colour of ballot papers where polls combined
  271. 6Rule 33 (notice of poll)
  272. 7Rule 37 (issue of official poll cards)
  273. 8Rule 38 (equipment of polling stations)
  274. 9Rule 39 (appointment of polling and counting agents)
  275. 10Rule 44 (questions to be put to voters)
  276. 11Rule 46 (voting procedure)
  277. 12Rule 47 (votes marked by presiding officer)
  278. 13Rule 48 (voting by persons with disabilities)
  279. 14Rule 49 (tendered ballot papers)
  280. 15Rule 52 (adjournment of poll in case of riot)
  281. 16Rule 53 (procedure on close of poll)
  282. 17Rule 54 (attendance at counting of votes)
  283. 18Rule 55 (the count)
  284. 19Rule 69 (orders for production of documents and records)
  285. 20Countermand or abandonment of poll etc. on death of candidate
  286. Part 3: MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
  287. 21Modifications of the local elections rules: general provision
  288. 22Rule 14 of the local elections rules (the ballot papers)
  289. 23Rule 20 of the local elections rules (notice of poll)
  290. 24Rule 24 of the local elections rules (issue of official poll cards and notifications)
  291. 25Rule 25 of the local elections rules (equipment of polling stations)
  292. 26Rule 26 of the local elections rules (appointment of polling and counting agents)
  293. 27Rule 31 of the local elections rules (questions to be put to voters)
  294. 28Rule 33 of the local elections rules (voting procedure)
  295. 29Rule 34 of the local elections rules (votes marked by presiding officer)
  296. 30Rule 35 of the local elections rules (voting by persons with disabilities)
  297. 31Rule 36 of the local elections rules (tendered ballot papers)
  298. 32Rule 39 of the local elections rules (adjournment of poll in case of riot)
  299. 33Rule 40 of the local elections rules (procedure on close of poll)
  300. 34Rule 41 of the local elections rules (attendance at counting of votes)
  301. 35Rule 43 of the local elections rules (the count)
  302. 36Rule 58 of the local elections rules (delivery of documents)
  303. 37Rule 59 of the local election rules (orders for production of documents)
  304. 38Rule 65 of local elections rules (countermand or abandonment of poll on death of party candidate)
  305. 39Rule 66 of local elections rules (abandonment of poll)
  306. 40Local elections rules: postal voting statement
  307. 41Local elections rules: declaration by the companion of a voter with disabilities
  308. Schedule 6: LEGAL PROCEEDINGS
  309. 1ELECTION AND RETURN OF CONSTITUENCY MEMBER
  310. 2ELECTION AND RETURN OF REGIONAL MEMBER
  311. Schedule 7: USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS
  312. 1Use of rooms in school premises
  313. 2Lists of rooms in school premises and meeting rooms
  314. 3Inspection etc. of lists
  315. Schedule 8: ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
  316. 1Interpretation of this Schedule
  317. 2Supply of marked registers and lists after an election
  318. 3Inspection of documents open to public inspection
  319. 4Restrictions on supply and disclosure of documents open to public inspection
  320. 5Restriction on use of documents open to public inspection, or of information contained in them
  321. 6Calculating the fee for supply of marked registers or lists
  322. 7Failure to comply with conditions relating to supply etc. of certain documents
  323. Schedule 9: REVOCATIONS
  324. 1The Scottish Parliament (Elections etc.) Order 2010 Repealed
  325. 2The Scottish Parliament (Elections etc.) Order 2010 Repealed
  326. 3The Scottish Parliament (Elections etc.) Order 2010 Repealed
  327. 4The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011
  328. 5The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012
  329. 6The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015
  330. APPENDIX OF FORMS
  331. CONTENTS
  332. Explanatory note