The Scottish Parliament (Elections etc.) Order 2010

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement, transitional and saving provisions

   2. 2. Interpretation

3. PART 2 THE FRANCHISE AND ITS EXERCISE

   1. 3. Registers of electors etc

   2. 4. Registration appeals

   3. 5. Polling districts and places at elections

   4. 6. Rules for Scottish parliamentary elections

   5. 7. Manner of voting at Scottish parliamentary elections

   6. 8. Absent vote at Scottish parliamentary elections for an indefinite or a particular period

   7. 9. Absent vote at a particular Scottish parliamentary election and special lists

   8. 10. Proxies at Scottish parliamentary elections

   9. 11. Voting as proxy

   10. 12. Absent voting at elections: miscellaneous

   11. 13. Combination of polls

   12. 14. Constituency returning officers

   13. 15. Officers of councils to be placed at disposal of returning officers

   14. 16. Returning officers: discharge of functions

   15. 17. Returning officers: general

   16. 18. Payment by and to returning officers

   17. 19. Taxation of returning officer’s account

   18. 20. Loan of equipment for Scottish parliamentary elections

   19. 21. Effect of registers

   20. 22. Effect of misdescription

   21. 23. Discharge of registration duties

   22. 24. Payment of expenses of registration

   23. 25. Personation

   24. 26. Other voting offences

   25. 27. Offences relating to applications for postal and proxy votes

   26. 28. Breach of official duty

   27. 29. Tampering with nomination papers, ballot papers etc.

   28. 30. False statements in nomination papers etc.

   29. 31. Requirement of secrecy

4. PART 3 THE ELECTION CAMPAIGN

   1. 32. Appointment of election agent

   2. 33. Appointment of sub-agent

   3. 34. Office of election agent

   4. 35. Effect of default in election agent’s appointment

   5. 36. Control of donations to candidates

   6. 37. Expenses of constituency candidate

   7. 38. Payment of expenses through election agent: constituency and individual regional candidates

   8. 39. Expenses which may be paid otherwise than by election agent

   9. 40. Expenses incurred otherwise than for election purposes

   10. 41. Prohibition of expenses not authorised by election agent: constituency and individual regional candidates

   11. 42. Limitation of election expenses: constituency and individual regional candidates

   12. 43. Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections

   13. 44. Time for sending in and paying claims

   14. 45. Disputed claims

   15. 46. Election agent’s claim

   16. 47. Return as to election expenses: constituency and individual regional candidates

   17. 48. Declarations as to election expenses: constituency and individual regional candidates

   18. 49. Declarations as to election expenses: candidates on a registered party’s regional list

   19. 50. Where no return and declaration is needed

   20. 51. Penalty for failure as respects return of declarations

   21. 52. Penalty for sitting or voting where no return and declaration is transmitted

   22. 53. Authorised excuses for failure as to return and declarations

   23. 54. Court’s power to require information from election agent or sub-agent

   24. 55. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission

   25. 56. Publication of time and place of inspection of returns and declarations

   26. 57. Inspection of returns and declarations: candidates

   27. 58. Meaning of “election expenses”

   28. 59. Election expenses — list of matters and general exclusions

   29. 60. Property, goods, services etc provided free of charge or at a discount

   30. 61. Right to send election address post free

   31. 62. Remuneration for free postal services provided

   32. 63. Broadcasting from outside United Kingdom

   33. 64. Broadcasting of local items during election period

   34. 65. Imitation poll cards and notifications

   35. 66. Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

   36. 67. Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

   37. 68. Disturbances at Scottish parliamentary election meetings

   38. 69. Officials not to act for candidates

   39. 70. Illegal canvassing by police officers

   40. 71. False statements as to candidates

   41. 72. Corrupt withdrawal from candidature

   42. 73. Payments for exhibition of election notices

   43. 74. Details to appear on election publications

   44. 75. Prohibition of paid canvassers

   45. 76. Providing money for illegal purposes

   46. 77. Bribery

   47. 78. Treating

   48. 79. Undue influence

   49. 80. Rights of creditors

   50. 81. Savings as to Scottish parliamentary elections

   51. 82. Interpretation of Part 3

   52. 83. Computation of time for purposes of Part 3

5. PART 4 LEGAL PROCEEDINGS

   1. 84. Application of certain provisions for Scottish parliamentary elections

6. PART 5 MISCELLANEOUS AND SUPPLEMENTAL

   1. 85. Vacancies: constituency seats

   2. 86. Vacancies: regional member seats

   3. 87. Modification of section 10 of the 1998 Act

   4. 88. Dissolution of Parliament: minimum period

   5. 89. Advertisements

   6. 90. Forms and documents: variations and translations

   7. 91. Sending of applications, notices etc.

   8. 92. Interference with notices etc.

   9. 93. Premises used for election purposes

   10. 94. Correction of procedural errors

   11. 95. Effect of demise of the Crown

   12. 96. Consequential amendment

   13. 97. Revocations

7. Signature

8. 1. SCHEDULE 1

      ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS

   2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART 1 PROVISIONS AS TO TIME

      2. PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

      3. PART 3 CONTESTED ELECTIONS

      4. PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

      5. PART 5 DISPOSAL OF DOCUMENTS

      6. PART 6 DEATH OF CANDIDATE

      7. PART 7 MISCELLANEOUS

   3. SCHEDULE 3

      ABSENT VOTING

   4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

   5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART 1 GENERAL

      2. PART 2 MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES

      3. PART 3 MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

   6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART 1 ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART 2 ELECTION OR RETURN OF REGIONAL MEMBER

   7. SCHEDULE 7

      USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS

   8. SCHEDULE 8

      ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

   9. SCHEDULE 9

      REVOCATIONS

   10. APPENDIX OF FORMS

9. Explanatory Note