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The Scottish Parliament (Elections etc.) Order 2015

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Scottish Parliament (Elections etc.) Order 2015 ISBN 978-0-11-102982-4

Closing dates for applications

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9.—(1) An application—

(a)to vote by post under article 8(1);

(b)to vote by proxy under article 8(7);

(c)to vote by post under article 8(7); or

(d)from a proxy to vote by post under article 11(4),

shall be disregarded for the purposes of any particular election, and an application by a postal voter for the voter’s ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(4) shall be refused, if it is received by the ERO after 5 pm on the eleventh day before the date of the poll at that election.

(2) An application—

(a)to vote by proxy under article 8(2);

(b)for the appointment of a proxy under article 10(6),

shall be disregarded for the purposes of any particular election if it is received by the ERO after 5 pm on the sixth day before the date of the poll at that election.

(3) An application (other than an application to which sub-paragraph (4) applies)—

(a)to vote by proxy under article 9(2);

(b)for the appointment of a proxy under article 10(7),

shall be refused if it is received by the ERO after 5 pm on the sixth day before the date of the poll at the election for which it is made.

(4) Where an application to vote by proxy under article 9(2) is made on a ground set out in sub-paragraph (2), (3) or (4) of paragraph 7 the application, or an application under article 10(7) made by virtue of that application, shall be refused if it is received after 5 pm on the day of the poll at that election.

(5) An application—

(a)to vote by post under article 9(1);

(b)from a proxy postal voter for the voter’s ballot papers to be sent to a different address at a particular election under article 11(6),

shall be refused if it is received by the ERO after 5 pm on the eleventh day before the date of the poll at the election for which it is made.

(6) The following, namely—

(a)an application under article 8(5)(a) by an elector to be removed from the record kept under article 8(4);

(b)an application under article 11(9)(a) by a proxy to be removed from the record kept under article 11(5); and

(c)a notice under article 10(9) of the cancellation of a proxy’s appointment,

shall be disregarded for the purposes of a particular election if it is received by the ERO after 5 pm on the eleventh day before the date of the poll at that election.

(7) In computing a period of days for the purposes of this paragraph—

(a)a Saturday or a Sunday;

(b)Christmas Eve, Christmas Day, Good Friday or Easter Monday; or

(c)a day which is a bank holiday in Scotland under section 1 of the Banking and Financial Dealings Act 1971(1),

shall be disregarded.

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