The Scottish Parliament (Elections etc.) (Amendment) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937) (“the Conduct Order”).

Article 3 corrects an erroneous reference to the Political Parties, Elections and Referendums Act 2000.

Articles 4 to 7 remove superfluous references to nominating officers from Articles 50, 52, 53 and 55 of the Conduct Order. Those articles of the Conduct Order concern matters where political parties’ nominating officers do not have a role, namely returns and declarations as to election expenses.

Articles 8 to 11 make changes to the Scottish Parliamentary Election Rules contained in Schedule 2 to the Conduct Order as follows:

Article 8(2) and (3) make changes to the timetable for the election.

Candidates’ descriptions which appear on the nomination papers and ballot papers for a constituency ballot may no longer be political parties’ registered descriptions but must be either the registered name of the political party or the word “independent”. (Article 9(3)).

The registered names of political parties must be used in the regional ballot. The political party will also have the option of using a registered description in addition to the registered name if desired. (Article 9(5), (6), (8) and (9) and article 10(2), (3) and (4)).

Where the word “Scottish” does not form part of the registered name of a political party, it can be added to the registered name for use on nomination papers and the ballot papers for both constituency and regional ballots. (Article 9(2), (4) and (7)).

In elections to the Scottish Parliament separate ballot papers will be used for the constituency ballot and for the regional ballot and references to combined papers are therefore removed. (Article 10(5) to (16) and (18) and article 12(4) to (7)).

The provisions for electronic counting of votes are removed. (Articles 10(17), (19) and (20), 11, 12(2) and (3) and 13).

Article 14 makes changes to the Appendix of Forms to reflect the above changes.