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Scottish Independence Referendum Act 2013

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Referendum

    1. 1.Referendum on Scottish independence

  3. Franchise

    1. 2.Those who are entitled to vote

    2. 3.Declarations of local connection and service declarations: further provision

  4. Voting etc.

    1. 4.Provision about voting etc.

  5. Conduct

    1. 5.Chief Counting Officer

    2. 6.Other counting officers

    3. 7.Functions of the Chief Counting Officer and other counting officers

    4. 8.Correction of procedural errors

    5. 9.Expenses of counting officers

    6. 10.Conduct rules

  6. Campaign

    1. 11.Campaign rules

    2. 12.Monitoring and securing compliance with the campaign rules

    3. 13.Inspection of Electoral Commission’s registers etc.

    4. 14.Campaign rules: general offences

    5. 15.Campaign offences: summary proceedings

    6. 16.Duty of court to report convictions to the Electoral Commission

  7. Referendum agents

    1. 17.Referendum agents

  8. Observers

    1. 18.Attendance of Electoral Commission at proceedings and observation of working practices

    2. 19.Accredited observers: individuals

    3. 20.Accredited observers: organisations

    4. 21.Attendance and conduct of accredited observers

    5. 22.Code of practice on attendance of observers

  9. Information, guidance, advice and encouragement

    1. 23.Information for voters

    2. 24.Guidance

    3. 25.Advice

    4. 26.Encouraging participation

  10. Report on referendum

    1. 27.Report on the conduct of the referendum

  11. Electoral Commission: administrative provision

    1. 28.Reimbursement of Commission’s costs

    2. 29.Estimates of expenditure

    3. 30.Maladministration

  12. Offences

    1. 31.Offences

    2. 32.Offences by bodies corporate etc.

  13. Power to make supplementary etc. provision and modifications

    1. 33.Power to make supplementary etc. provision and modifications

  14. Legal proceedings

    1. 34.Restriction on legal challenge to referendum result

  15. Final provisions

    1. 35.Interpretation

    2. 36.Commencement

    3. 37.Short title

    1. SCHEDULE 1

      Form of ballot paper

    2. SCHEDULE 2

      Further provision about voting in the referendum

      1. PART 1 Manner of voting

        1. 1.Manner of voting

        2. 2.Existing absent voters

        3. 3.Applications for absent vote

        4. 4.Absent voters lists

        5. 5.Proxies

        6. 6.Voting as proxy

        7. 7.Requirements as to applications

        8. 8.Additional requirements as to certain applications to vote by proxy

        9. 9.Grant or refusal of applications

        10. 10.Forms

        11. 11.Personal identifiers record

        12. 12.Marked lists for polling stations

        13. 13.Appeals

      2. PART 2 Registration

        1. 14.Effect of register

        2. 15.Effect of misdescription

        3. 16.Carrying out of registration functions

        4. 17.Alterations in the register of electors

        5. 18.Preparation of the Polling List

        6. 19.The cut-off date

      3. PART 3 Postal voting: issue and receipt of ballot papers

        1. 20.Persons entitled to be present at issue and receipt of postal ballot papers

        2. 21.Notification of requirement of secrecy

        3. 22.Time when postal ballot papers are to be issued

        4. 23.Issue of postal ballot papers

        5. 24.Refusal to issue postal ballot paper

        6. 25.Envelopes

        7. 26.Sealing up of completed corresponding number lists and security of special lists

        8. 27.Payment of postage on postal ballot papers

        9. 28.Spoilt postal ballot papers

        10. 29.Lost postal ballot papers

        11. 30.Superseded postal ballot papers

        12. 31.Notice of opening of postal ballot paper envelopes

        13. 32.Boxes and receptacles

        14. 33.Receipt of covering envelopes and collection of postal votes

        15. 34.Opening of postal voters box

        16. 35.Opening of covering envelopes

        17. 36.Confirmation of receipt of postal voting statement

        18. 37.Procedure in relation to postal voting statements

        19. 38.Procedure in relation to postal voting statements: personal identifier verification

        20. 39.Postal voting statements: additional personal identifier verification

        21. 40.Opening of ballot paper envelopes

        22. 41.Retrieval of cancelled postal ballot papers

        23. 42.Lists of provisionally rejected postal ballot papers

        24. 43.Checking of lists kept under paragraph 42

        25. 44.Sealing of receptacles

        26. 45.Forwarding of documents

        27. 46.Power of Chief Counting Officer to prescribe

        28. 47.Interpretation of Part

      4. PART 4 Supply of Polling List etc.

        1. 48.Supply of free copy of Polling List etc. to counting officers

        2. 49.Supply of free copy of Polling List etc. to Electoral Commission

        3. 50.Supply of free copy of edited Polling List etc. to designated organisations

        4. 51.Supply of free copy of register of local government electors etc. to permitted participants

        5. 52.Supply of data

        6. 53.General restriction on use of registration documents and information contained in them

        7. 54.Offence in relation to disclosure of registration documents

        8. 55.Destruction of copies of the Polling List etc.

      5. PART 5 Supply of marked Polling List etc.

        1. 56.Supply of marked Polling List etc. to designated organisations

        2. 57.Fee for supply of marked Polling List etc.

    3. SCHEDULE 3

      Conduct rules

      1. 1.Publication of notice of the referendum

      2. 2.Hours of polling

      3. 3.The ballot

      4. 4.Printing of ballot papers

      5. 5.The corresponding number list

      6. 6.Security marking

      7. 7.Use of schools and public rooms for polling and counting votes

      8. 8.Postal ballot papers

      9. 9.Provision of polling stations

      10. 10.Appointment of presiding officers and clerks

      11. 11.Issue of poll cards

      12. 12.Loan of equipment for referendum

      13. 13.Equipment of polling stations

      14. 14.Appointment of polling and counting agents

      15. 15.Admission to polling station

      16. 16.Notification of requirement of secrecy

      17. 17.Keeping of order in polling station

      18. 18.Sealing of ballot boxes

      19. 19.Questions to be put to voters

      20. 20.Challenge of voter

      21. 21.Voting procedure

      22. 22.Votes marked by presiding officer

      23. 23.Voting by persons with disabilities

      24. 24.Tendered ballot papers

      25. 25.Spoilt ballot papers

      26. 26.Correction of errors on polling day

      27. 27.Adjournment of poll in case of riot

      28. 28.Procedure on close of poll

      29. 29.Attendance at counting of votes

      30. 30.The count

      31. 31.Rejected ballot papers

      32. 32.Counting the votes

      33. 33.Decisions on ballot papers

      34. 34.Re-counts

      35. 35.Declaration of result

      36. 36.Sealing up of ballot papers

      37. 37.Delivery of papers

      38. 38.Retention and public inspection of papers

      39. 39.Retention and public inspection of certifications

      40. 40.Orders for production of documents

      41. 41.Power of Chief Counting Officer to prescribe

    4. SCHEDULE 4

      Campaign rules

      1. PART 1 Interpretation

        1. 1.Interpretation of schedule

      2. PART 2 Permitted participants and designated organisations

        1. 2.Permitted participants

        2. 3.Further provision about declarations under paragraph 2

        3. 4.Further provision about responsible persons

        4. 5.Register of declarations under paragraph 2

        5. 6.Designated organisations

        6. 7.Applications for designation under paragraph 6

        7. 8.Designated organisation’s right to use rooms for holding public meetings

        8. 9.Supplementary provisions about use of rooms for public meetings

      3. PART 3 Referendum expenses

        1. 10.Referendum expenses

        2. 11.Expenses qualifying where incurred for referendum purposes

        3. 12.Notional referendum expenses

        4. 13.Restriction on incurring referendum expenses

        5. 14.Restriction on payments in respect of referendum expenses

        6. 15.Restriction on making claims in respect of referendum expenses

        7. 16.Disputed claims

        8. 17.Rights of creditors

        9. 18.General restriction on referendum expenses

        10. 19.Special restrictions on referendum expenses by permitted participants

        11. 20.Referendum expenses incurred as part of common plan

        12. 21.Returns as to referendum expenses

        13. 22.Auditor’s report on return

        14. 23.Delivery of returns to Electoral Commission

        15. 24.Declaration of responsible person as to return under paragraph 21

        16. 25.Public inspection of returns under paragraph 21

      4. PART 4 Publications

        1. 26.Restriction on publication etc. of promotional material by central and local government etc.

        2. 27.Details to appear on referendum material

        3. 28.Display of advertisements

      5. PART 5 Control of donations

        1. 29.Operation and interpretation of this Part

        2. 30.Donations: general rules

        3. 31.Sponsorship

        4. 32.Payments etc. not to be regarded as donations

        5. 33.Value of donations

        6. 34.Prohibition on accepting donations from impermissible donors

        7. 35.Acceptance or return of donations

        8. 36.Return of donation where donor unidentifiable

        9. 37.Forfeiture of donations made by impermissible or unidentifiable donors

        10. 38.Evasion of restrictions on donations

        11. 39.Statement of relevant donations

        12. 40.Donations from permissible donors

        13. 41.Donations from impermissible or unidentifiable donors

        14. 42.Donation reports during referendum period

        15. 43.Declaration of responsible person as to donation reports under paragraph 42

        16. 44.Public inspection of donation reports under paragraph 42

      6. PART 6 Control of loans and credit

        1. 45.Operation of Part

        2. 46.Regulated transactions

        3. 47.Valuation of regulated transaction

        4. 48.Authorised participants

        5. 49.Regulated transaction involving unauthorised participant

        6. 50.Guarantees and securities: unauthorised participant

        7. 51.Transfer to unauthorised participant invalid

        8. 52.Offences

        9. 53.Penalties

        10. 54.Statement of regulated transactions

        11. 55.Identity of authorised participants

        12. 56.Identity of unauthorised participants

        13. 57.Details of transaction

        14. 58.Changes

        15. 59.Total value of non-recordable transactions

        16. 60.Transaction reports during referendum period

        17. 61.Declaration of responsible person as to transaction reports under paragraph 60

        18. 62.Public inspection of transaction reports under paragraph 60

        19. 63.Non-disclosure with intent to conceal

        20. 64.Proceedings under paragraphs 49 and 63

        21. 65.Interpretation

    5. SCHEDULE 5

      Campaign rules: investigatory powers of the Electoral Commission

      1. 1.Power to require disclosure

      2. 2.Inspection warrants

      3. 3.Powers in relation to suspected offences or contraventions

      4. 4.Court order for delivery of documents or provision of information etc.

      5. 5.(1) This paragraph applies where the Electoral Commission have given...

      6. 6.Retention of documents delivered under paragraph 4

      7. 7.Power to make copies and records

      8. 8.Authorisation to be in writing

      9. 9.Documents in electronic form

      10. 10.Legal professional privilege

      11. 11.Admissibility of statements

      12. 12.Offences

      13. 13.Guidance by Commission

      14. 14.Information about use of investigatory powers in Commission’s report

      15. 15.Interpretation

    6. SCHEDULE 6

      Campaign rules: civil sanctions

      1. PART 1 Fixed monetary penalties

        1. 1.Imposition of fixed monetary penalties

        2. 2.Representations and appeals etc.

        3. 3.Information to be included in notices under paragraph 2

        4. 4.Late payment

        5. 5.Fixed monetary penalties: criminal proceedings and conviction

      2. PART 2 Discretionary requirements

        1. 6.Imposition of discretionary requirements

        2. 7.Representations and appeals etc.

        3. 8.Information to be included in notices under paragraph 7

        4. 9.Discretionary requirements: criminal conviction

        5. 10.Compliance and restoration certificates

        6. 11.Failure to comply with discretionary requirements

        7. 12.Late payment

      3. PART 3 Stop notices

        1. 13.Imposition of stop notices

        2. 14.Information to be included in stop notices

        3. 15.Completion certificates

        4. 16.Appeals etc.

        5. 17.Failure to comply with stop notice

      4. PART 4 Enforcement undertakings

        1. 18.(1) This paragraph applies where— (a) the Electoral Commission have...

        2. 19.Enforcement undertakings: further provision

        3. 20.Compliance certificate

        4. 21.Appeals

      5. PART 5 General and supplemental

        1. 22.Combination of sanctions

        2. 23.Withdrawal or variation of notice

        3. 24.Use of statements made compulsorily

        4. 25.Unincorporated associations

        5. 26.Guidance as to enforcement

        6. 27.Recovery of penalties etc.

        7. 28.Payment of penalties etc into Scottish Consolidated Fund

        8. 29.Reports on use of civil sanctions

        9. 30.Disclosure of information

        10. 31.Powers of sheriff

      6. PART 6 Interpretation

        1. 32.In this schedule— “completion certificate” has the meaning given in...

      7. PART 7 Listed campaign offences

    7. SCHEDULE 7

      Offences

      1. 1.Personation

      2. 2.Other voting offences

      3. 3.Imitation poll cards

      4. 4.Offences relating to applications for postal and proxy votes

      5. 5.Breach of official duty

      6. 6.Tampering with ballot papers etc.

      7. 7.Requirement of secrecy

      8. 8.Prohibition on publication of exit polls

      9. 9.Payments to voters for exhibition of referendum notices

      10. 10.Treating

      11. 11.Undue influence

      12. 12.Bribery

      13. 13.Disturbances at public meetings

      14. 14.Illegal canvassing by police officers

      15. 15.Prosecutions for corrupt practices

      16. 16.Prosecutions for illegal practices

      17. 17.Conviction of illegal practice on charge of corrupt practice etc.

      18. 18.Incapacity to hold public or judicial office in Scotland

      19. 19.Prohibition of paid canvassers

      20. 20.Providing money for illegal purposes

      21. 21.Prosecutions for illegal employment or illegal payment

    8. SCHEDULE 8

      Interpretation

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