Draft Order laid before the Scottish Parliament under section 115 and schedule 7 of the Scotland Act 1998 for approval by resolution of the Scottish Parliament.
2021 No.
The Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 19981 and all other powers enabling them to do so.
In accordance with section 7(1) and (2)(g) of the Political Parties Elections and Referendums Act 20002, the Scottish Ministers have consulted the Electoral Commission.
In accordance with section 115 and schedule 7 of the Scotland Act 19983, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
Citation, commencement and transitional provision1
1
This Order may be cited as the Scottish Parliament (Elections etc.) Amendment (Coronavirus) Order 2021 and comes into force on the day after the day on which it is made.
2
This Order has no effect for the purposes of any election for which the date of the poll is on or before 5 April 2021.
Amendment of the Scottish Parliament (Elections etc.) Order 20152
1
Schedule 3 (absent voting) of the Scottish Parliament (Elections etc.) Order 20154 is amended as follows.
2
In paragraph 1(7) (general requirements for applications) for “paragraph 7” substitute “paragraph 8”.
3
In paragraph 7 (additional requirements for applications for a proxy vote in respect of a particular election) omit sub-paragraph (2C)5.
4
After paragraph 7 insert—
Emergency change of proxy: coronavirus7A
1
This paragraph applies where—
a
a proxy is appointed to vote for a person (“the elector”) at a forthcoming Scottish parliamentary election (whether or not the proxy is appointed only for that particular election),
b
the proxy is not entitled to vote by post at that election, and
c
the circumstances of the proxy on the date of the poll will or are likely to be such that they cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the appropriate rules as a result of following Scottish Government advice or the advice of a registered medical practitioner in relation to coronavirus.
2
Where this paragraph applies, the elector may apply to the ERO for an alternative person to be appointed as their proxy under article 10(6) (appointment of a proxy for an indefinite period or for a period specified in the application) or article 10(7) (appointment of a proxy for the particular election).
3
Where the ERO refuses an application described in sub-paragraph (2), or rejects it as invalid, the decision of the ERO is final and is not to be questioned in any proceedings whatsoever, but the refusal or rejection of an application does not prevent the elector from submitting a further application.
4
In sub-paragraph (1)(c) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
5
The Scottish Ministers must review the need for the provision made by this paragraph at least once every year, with the first review being carried out no later than 10 December 2021.
6
No application may be made under this paragraph on or after 10 December 2022.
5
After paragraph 9(3) (closing date for applications)6 insert—
3A
Sub-paragraphs (2) and (3) do not apply to the application permitted by paragraph 7A(2) and sub-paragraph (6) does not apply to any notice under article 10(9) for cancellation of the related proxy appointment, but that application must be refused if it is made later than 5 pm on the day of the poll at the election.
(This note is not part of the Order)