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The Scottish Parliament (Elections etc.) Order 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Scottish Parliament (Elections etc.) Order 2015 No. 425

  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and transitional provision

    2. 2.Interpretation

  3. PART 2

    1. 3.Supply of electoral registers

    2. 4.Absent voting 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 local authorities to be placed at disposal of returning officers

    14. 16.Returning officers: discharge of functions

    15. 17.Returning officers: general

    16. 18.Payments 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 duties

    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

    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.Imitation poll cards and notifications

    33. 64.Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

    34. 65.Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

    35. 66.Disturbances at Scottish parliamentary election meetings

    36. 67.Officials not to act for candidates

    37. 68.Illegal canvassing by police officers

    38. 69.False statements as to candidates

    39. 70.Corrupt withdrawal from candidature

    40. 71.Payments for exhibition of election notices

    41. 72.Details to appear on election publications

    42. 73.Prohibition of paid canvassers

    43. 74.Providing money for illegal purposes

    44. 75.Bribery

    45. 76.Treating

    46. 77.Undue influence

    47. 78.Rights of creditors

    48. 79.Savings as to Scottish parliamentary elections

    49. 80.Interpretation of Part 3

    50. 81.Computation of time for purposes of Part 3

  5. PART 4

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

  6. PART 5

    1. 83.Vacancies: constituency seats

    2. 84.Dissolution of Parliament: minimum period

    3. 85.Advertisements

    4. 86.Forms and documents: variations and translations

    5. 87.Sending of applications, notices etc.

    6. 88.Interference with notices etc.

    7. 89.Premises used for election purposes

    8. 90.Correction of procedural errors

    9. 91.Effect of demise of the Crown

    10. 92.Consequential amendment

    11. 93.Revocations

  7. Signature

    1. SCHEDULE 1

      SUPPLY OF ELECTORAL REGISTERS

      1. 1.Supply of free copy of full register for electoral purposes

      2. 2.Supply of full register etc. under paragraphs 3 and 4: general provisions

      3. 3.Supply of full register etc. to elected representatives for electoral purposes and restrictions on use

      4. 4.Supply of full register etc. to certain candidates and restrictions on use

      5. 5.Meaning of “edited register” and “registration area”

      6. 6.Information about persons aged under 16

    2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART 1

        1. 1.Timetable

        2. 2.Computation of time

      2. PART 2

        1. Notice of election

          1. 3.Notice of election

          2. Nomination

            1. 4.Nomination of candidate for return as a constituency member

            2. 5.Nomination of individual candidate for return as a regional member

            3. 6.Nomination of candidates on a regional list

            4. 7.Constituency nomination papers: name of registered party

            5. 8.Nomination papers and regional lists: miscellaneous

            6. 9.Consent to nomination

            7. 10.Deposit

            8. 11.Place for delivery of constituency nomination papers

            9. 12.Place for delivery of individual nomination papers and regional lists

            10. 13.Right to attend nomination

            11. 14.Decisions as to validity of constituency nomination papers

            12. 15.Decisions as to validity of individual nomination papers

            13. 16.Decisions as to validity of regional lists and as to the validity of nominations included on such a list

            14. 17.Withdrawal of candidates

            15. 18.Publication of statement of persons nominated as candidates for return as a constituency member

            16. 19.Publication of statement of persons and parties nominated for return as regional members

            17. 20.Correction of minor errors

            18. 21.Disqualification by Representation of the People Act 1981: candidates for return as constituency members

            19. 22.Disqualification by Representation of the People Act 1981: candidates for return as regional members

            20. 23.Adjournment of nomination proceedings in the case of riot

            21. 24.Method of election: candidates for return as constituency members

            22. 25.Method of election: candidates for return as regional members

      3. PART 3

        1. General Provisions

          1. 26.Poll to be taken by ballot

          2. 27.The ballot paper: constituency candidates

          3. 28.The ballot paper: regional candidates

          4. 29.Corresponding number list

          5. 30.The official mark

          6. 31.Prohibition of disclosure of vote

          7. 32.Use of schools and public rooms

          8. Action to be taken before the poll

            1. 33.Notice of poll

            2. 34.Postal ballot papers

            3. 35.Provision of polling stations

            4. 36.Appointment of presiding officers and clerks

            5. 37.Issue of official poll cards

            6. 38.Equipment of polling stations

            7. 39.Appointment of polling and counting agents

            8. 40.Notification of requirement of secrecy

          9. The Poll

            1. 41.Admission to polling station

            2. 42.Keeping of order in station

            3. 43.Sealing of ballot boxes

            4. 44.Questions to be put to voters

            5. 45.Challenge of voter

            6. 46.Voting procedure

            7. 47.Votes marked by presiding officer

            8. 48.Voting by persons with disabilities

            9. 49.Tendered ballot papers

            10. 50.Spoilt ballot papers

            11. 51.Correction of errors on day of poll

            12. 52.Adjournment of poll in case of riot

            13. 53.Procedure on close of poll

          10. Counting of votes

            1. 54.Attendance at counting of votes

            2. 55.The count

            3. 56.Re-count: constituency election

            4. 57.Re-count: regional votes in a constituency

            5. 58.Rejected ballot papers

            6. 59.Decisions on ballot papers

            7. 60.Equality of votes: election for return of constituency members

            8. 61.Conveying results of count etc. to RRO

      4. PART 4

        1. 62.Declaration of result: constituency members

        2. 63.Attendance at allocation of seats for regional members

        3. 64.Allocation of seats

        4. 65.Declaration of results: regional members

        5. 66.Return or forfeiture of deposit

      5. PART 5

        1. 67.Sealing up of ballot papers

        2. 68.Retention of documents by CRO

        3. 69.Orders for production of documents and records

        4. 70.Retention and public inspection of documents

      6. PART 6

        1. 71.Constituency election: death of independent candidate

        2. 72.Constituency election: deceased independent candidate wins

        3. 73.Constituency election: deceased independent candidate with equality of votes

        4. 74.Constituency election: death of party candidate

        5. 75.Regional election: death of candidate

        6. 76.Abandoned poll

      7. PART 7

        1. 77.Return of members and record of returns etc.

    3. SCHEDULE 3

      ABSENT VOTING

      1. 1.General requirements for applications

      2. 2.Checking of signatures

      3. 3.Provision of fresh signatures

      4. 4.Additional 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)

      5. 5.Additional requirements for applications for proxy vote on grounds of disability

      6. 6.Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course

      7. 7.Additional requirements for applications for a proxy vote in respect of a particular election

      8. 8.Additional requirements for applications for appointment of a proxy

      9. 9.Closing dates for applications

      10. 10.Grant or refusal of applications for a postal or proxy vote

      11. 11.Notice of appeal

      12. 12.Cancellation of proxy appointment

      13. 13.Inquiries by registration officer about postal and proxy voters

      14. 14.Requirement to provide fresh signatures at five yearly intervals

      15. 15.Absent voting lists: form

      16. 16.Absent voting lists: supply of copies, etc.

      17. 17.Absent voting lists: inspection

      18. 18.Supply and inspection of absent voting lists: general provisions

      19. 19.Conditions on the use, supply and inspection of absent voter lists

      20. 20.(1) This paragraph applies to any person who has obtained...

      21. 21.Supply and inspection of absent voting lists: offences

      22. 22.The personal identifiers record

      23. 23.Use of personal identifier information

      24. 24.Marked register for polling stations

      25. 25.Notification of a rejected postal voting statement

    4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

      1. 1.Interpretation

      2. 2.Combination of polls

      3. 3.Form of postal voting statement

      4. 4.Persons entitled to be present at proceedings on issue of postal ballot papers

      5. 5.Persons entitled to be present at receipt of postal ballot papers

      6. 6.Notification of requirement of secrecy

      7. 7.Time when postal ballot papers are to be issued

      8. 8.Procedures on the issue of postal ballot papers

      9. 9.Refusal to issue postal ballot paper

      10. 10.Envelopes

      11. 11.Delivery of postal ballot papers

      12. 12.Security of marked lists

      13. 13.Spoilt ballot paper

      14. 14.Lost postal ballot paper

      15. 15.Cancellation of postal ballot papers

      16. 16.Notice of opening of postal ballot paper envelopes

      17. 17.Postal ballot boxes and receptacles

      18. 18.Receipt of covering envelope and collection of postal votes

      19. 19.Opening of postal voters’ ballot box

      20. 20.Opening of covering envelopes

      21. 21.Confirming receipt of postal votes and postal voting statements

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

      23. 23.Opening of ballot paper envelopes

      24. 24.Retrieval of cancelled postal ballot papers

      25. 25.Lists of rejected postal ballot papers

      26. 26.Checking of lists kept under paragraph 25

      27. 27.Sealing of receptacles

      28. 28.Abandoned poll

      29. 29.Retention of documents by CRO

      30. 30.Forwarding of a rejected ballot paper list by CRO

    5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART 1 GENERAL

        1. 1.Returning officers and polling stations

        2. 2.Functions at combined polls

        3. 3.Modification of provisions about expenses in this Order and the 1983 Act

      2. PART 2 MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES

        1. 4.Modifications of the Scottish Parliamentary Election Rules: general provision

        2. 5.Colour of ballot papers where polls combined

        3. 6.Rule 33 (notice of poll)

        4. 7.Rule 37 (issue of official poll cards)

        5. 8.Rule 38 (equipment of polling stations)

        6. 9.Rule 39 (appointment of polling and counting agents)

        7. 10.Rule 44 (questions to be put to voters)

        8. 11.Rule 46 (voting procedure)

        9. 12.Rule 47 (votes marked by presiding officer)

        10. 13.Rule 48 (voting by persons with disabilities)

        11. 14.Rule 49 (tendered ballot papers)

        12. 15.Rule 52 (adjournment of poll in case of riot)

        13. 16.Rule 53 (procedure on close of poll)

        14. 17.Rule 54 (attendance at counting of votes)

        15. 18.Rule 55 (the count)

        16. 19.Rule 69 (orders for production of documents and records)

        17. 20.Countermand or abandonment of poll etc. on death of candidate

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

        1. 21.Modifications of the local elections rules: general provision

        2. 22.Rule 14 of the local elections rules (the ballot papers)

        3. 23.Rule 20 of the local elections rules (notice of poll)

        4. 24.Rule 24 of the local elections rules (issue of official poll cards and notifications)

        5. 25.Rule 25 of the local elections rules (equipment of polling stations)

        6. 26.Rule 26 of the local elections rules (appointment of polling and counting agents)

        7. 27.Rule 31 of the local elections rules (questions to be put to voters)

        8. 28.Rule 33 of the local elections rules (voting procedure)

        9. 29.Rule 34 of the local elections rules (votes marked by presiding officer)

        10. 30.Rule 35 of the local elections rules (voting by persons with disabilities)

        11. 31.Rule 36 of the local elections rules (tendered ballot papers)

        12. 32.Rule 39 of the local elections rules (adjournment of poll in case of riot)

        13. 33.Rule 40 of the local elections rules (procedure on close of poll)

        14. 34.Rule 41 of the local elections rules (attendance at counting of votes)

        15. 35.Rule 43 of the local elections rules (the count)

        16. 36.Rule 58 of the local elections rules (delivery of documents)

        17. 37.Rule 59 of the local election rules (orders for production of documents)

        18. 38.Rule 65 of local elections rules (countermand or abandonment of poll on death of party candidate)

        19. 39.Rule 66 of local elections rules (abandonment of poll)

        20. 40.Local elections rules: postal voting statement

        21. 41.Local elections rules: declaration by the companion of a voter with disabilities

    6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART 1 ELECTION AND RETURN OF CONSTITUENCY MEMBER

      2. PART 2 ELECTION AND RETURN OF REGIONAL MEMBER

    7. SCHEDULE 7

      USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS

      1. 1.Use of rooms in school premises

      2. 2.Lists of rooms in school premises and meeting rooms

      3. 3.Inspection etc. of lists

    8. SCHEDULE 8

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

      1. 1.Interpretation of this Schedule

      2. 2.Supply of marked registers and lists after an election

      3. 3.Inspection of documents open to public inspection

      4. 4.Restrictions on supply and disclosure of documents open to public inspection

      5. 5.Restriction on use of documents open to public inspection, or of information contained in them

      6. 6.Calculating the fee for supply of marked registers or lists

      7. 7.Failure to comply with conditions relating to supply etc. of certain documents

    9. SCHEDULE 9

      REVOCATIONS

      1. 1.The Scottish Parliament (Elections etc.) Order 2010

      2. 2.Subject to paragraph 3, the 2010 Order is revoked.

      3. 3.The following provisions of the 2010 Order are not revoked—...

      4. 4.The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011

      5. 5.The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

      6. 6.The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015

      7. APPENDIX OF FORMS

        1. CONTENTS

  8. Explanatory Note

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