- 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 This draft has been replaced by a new draft, The Scottish Parliament (Elections etc.)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
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.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: