Statutory Instrument 2002 No. 2779 (S. 11)

The Scottish Parliament (Elections etc.) Order 2002

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© Crown Copyright 2002

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(a) the Scottish Parliament (Elections etc.) Order 1999[3];

(b) the Scottish Parliament (Elections etc.) (Amendment) Order 2001[4];

(c) the Scottish Parliament (Elections etc.) (Amendment (No. 2) Order 2001[5];

(d) the Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order[6],

as from the coming into force of this Order.

    (2) Notwithstanding the revocation of the Scottish Parliament (Elections etc.) Order 1999, the modification of enactments contained in Schedule 8 to that Order shall continue to have effect.

Interpretation
     3.  - (1) In this Order, except where the context otherwise requires-

"the 1983 Act" means the Representation of the People Act 1983[7];

"the 1985 Act" means the Representation of the People Act 1985[8];

"the 1986 Regulations" means the Representation of the People (Scotland) Regulations 1986[9];

"the 1998 Act" means the Scotland Act 1998;

"the 2000 Act" means the Representation of the People Act 2000[10];

"the 2000 Political Parties Act" means the Political Parties, Elections and Referendums Act 2000[11];

"the 2001 Regulations" means the Representation of the People (Scotland) Regulations 2001[12];

"appropriate returning officer" means-

(a) in relation to a candidate for return as a constituency member (or to an election agent or sub agent for such a candidate) the constituency returning officer for that constituency; and

(b) in relation to an individual candidate for return as a regional member or to a registered party submitting a regional list for a particular region, (or to an election agent or sub agent for such a candidate or such a registered party) the regional returning officer for that region;

a reference to a ballot paper shall, in relation to a general election for membership of the Scottish Parliament be construed as a reference to both the constituency ballot paper and the regional ballot paper;

a reference to a numbered article shall be construed as a reference to the article bearing that number in this Order;

"Citizen of the Union" shall be construed in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and "relevant citizen of the Union" means such a citizen who is not a commonwealth citizen or a citizen of the Republic of Ireland;

"constituency returning officer" means the officer who, in accordance with article 15, is the constituency returning officer for a Scottish parliamentary election in a constituency;

"European Parliamentary Election" has the same meaning as in section 27(1) of the 1985 Act;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[13];

"nominating officer" means the person registered under Part II of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;

"ordinary local government election" means an ordinary election of councillors for local government areas in Scotland;

"regional returning officer" means a regional returning officer for the purposes of the 1998 Act;

"register of electors" means the register of local government electors;

"registered emblem" means an emblem registered by a political party under Part II of the 2000 Political Parties Act;

"registered party" means a party registered under Part II of the 2000 Political Parties Act;

"registration officer" means an electoral registration officer within the meaning of the 1983 Act;

"service voter" means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it; and

"Scottish parliamentary election" means an election for membership of the Scottish Parliament and "Scottish parliamentary general election" shall be construed accordingly.

    (2) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.

as may be required to give effect to the decision.

    (5) Subject to section 13B of the 1983 Act, where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register is made on or before the last day for the delivery of nomination papers at an election paragraph (3) above does not apply to that appeal as respects that election.

    (6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

Polling districts and places at elections
     6.  - (1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

    (2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places under section 18(3) of the 1983 Act[16] that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

    (3) An election shall not be questioned by reason of-

(a) any non compliance with the provisions of this article; or

(b) any informality relating to polling districts or polling places.

Rules for Scottish parliamentary elections
     7.  - (1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order.

    (2) It is the general duty of every returning officer at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

    (3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a returning officer or any other person in breach of his official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that-

(a) the election was so conducted as to be substantially in accordance with the law as to Scottish parliamentary elections; and

(b) the act or omission did not affect the result.

    (4) Schedule 2 to this Order (Scottish Parliamentary Election Rules) has effect.

Manner of voting at Scottish parliamentary elections
     8.  - (1) This article applies to determine the manner of voting of a person entitled to vote as an elector at a Scottish parliamentary election.

    (2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the election.

    (3) He may vote by post if he is entitled as an elector to vote by post at the election.

    (4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under this Order for a ballot paper for the purposes of voting in person, in which case he may vote in person there.

    (5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment, either as a constable or by a returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the constituency.

    (6) Nothing in the preceding provisions of this paragraph applies to-

(a) a person to whom section 7 of the 1983 Act[17] (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, or

(b) a person to whom section 7A[18] of that Act (persons remanded in custody) applies,

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

    (7) For the purposes of the provisions of this Order a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voter list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Scottish parliamentary elections for an indefinite or a particular period
     9.  - (1) Where a person applies to the registration officer to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application) the registration officer shall grant the application (subject to paragraph (6) below) if-

(a) he is satisfied that the applicant is or will be registered in the register of electors; and

(b) the application meets the requirements set out in Schedule 3 to this Order.

    (2) Where a person applies to the registration officer to vote by proxy at Scottish Parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application, (subject to paragraph (6) below) if-

(a) he is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates,

(b) he is satisfied that the applicant is or will be registered in the register of electors, and

(c) the application meets the requirements set out in Schedule 3.

    (3) For the purposes of this article, a person is eligible to vote by proxy at Scottish parliamentary elections-

(a) if he is or will be registered as a service voter;

(b) if he cannot reasonably be expected-


(i) to go in person to the polling station allotted or likely to be allotted to him under this Order; or

(ii) to vote unaided there,



by reason of blindness or other physical incapacity;

(c) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse or by reason of his attendance on a course provided by an educational institution or that of his spouse; or

(d) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.

    (4) The registration officer shall keep a record of those whose applications under this article have been granted showing-

(a) whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period);

(b) in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent; and

(c) in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

    (5) The registration officer shall remove a person from the record kept under paragraph (4) above-

(a) if he applies to the registration officer to be removed;

(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of-


(i) a service declaration, or

(ii) a declaration of local connection;



(c) in the case of any person shown in the record as voting by proxy, if the registration officer gives notice that he has reason to believe there has been a material change of circumstances; or

(d) in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.

    (6) A person shown in the record kept under paragraph (4) above as voting by post or, as the case may be, voting by proxy (in either case, whether for an indefinite period or for a particular period specified in his application) may subsequently alter his choice on an application to the registration officer that meets the requirements set out in Schedule 3 and the registration officer shall amend the record accordingly.

Absent vote at a particular Scottish parliamentary election and absent voters' list
     10.  - (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Scottish parliamentary election, the registration officer shall grant the application (subject to paragraph (4) below) if-

(a) he is satisfied in the case of an application to vote by proxy that the applicant's circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under this Order;

(b) he is satisfied that the applicant is or will be registered in the register; and

(c) the application meets the requirements set out in Schedule 3.

    (2) Paragraph (1) above does not apply to a person who is included in the record kept under article 9 above but such a person may, in respect of a particular Scottish parliamentary election, apply to the registration officer-

(a) for his ballot papers to be sent to a different address; or

(b) to vote by proxy,

if he is shown in the record so kept as voting by post.

    (3) The registration officer shall grant an application under paragraph (2) above if it meets the requirements set out in Schedule 3.

    (4) Subject to paragraph (2) above, the registration officer shall, in respect of each Scottish parliamentary election, keep a special list ("the absent voters list") consisting of-

(a) a list of-


(i) those who are for the time being shown in the record kept under article 9 as voting by post (excluding those so shown whose applications under paragraph (2) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under article 9 or, as the case may be, paragraph (2) above as the addresses to which their ballot papers are to be sent; and

(ii) those whose applications under paragraph (1) above to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent; and



(b) a list ("the list of proxies") of those who are for the time being shown in the record kept under article 9 as voting by proxy or whose applications under this article to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.

Proxies at Scottish parliamentary elections
     11.  - (1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as "the elector") at any Scottish parliamentary election and may vote in pursuance of the appointment.

    (2) The elector cannot have more than one person at a time appointed as proxy to vote for him at a Scottish parliamentary election.

    (3) A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election-

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.

    (4) A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll he has attained the age of eighteen.

    (5) A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

(a) registered in the register of electors for that election; and

(b) shown in the record kept under article 9 as voting by proxy at such elections, and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.

    (7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Scottish parliamentary election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

(a) registered in the register of electors for that election; and

(b) entitled to vote by proxy at that election by virtue of an application under article 10,

and that the proxy is capable of being and willing to be appointed.

    (8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

    (9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

    (10) Subject to paragraph (9) above, the appointment shall remain in force-

(a) in the case of an appointment for a particular election, for that election; and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under article 9 in pursuance of the same application under that article.

Voting as proxy
     12.  - (1) A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

    (2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

    (3) For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if he is included in the list kept under paragraph (7) below in respect of the election.

    (4) Where a person applies to the registration officer to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if-

(a) the registration officer is satisfied that the elector is or will be registered in the register of electors; and

(b) there is in force an appointment of the applicant as the elector's proxy to vote for him

and the application meets the requirements set out in Schedule 3.

    (5) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted showing-

(a) whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period); and

(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

    (6) Where, in the case of a particular election, a person included in the record kept under paragraph (5) above applies to the registration officer for his ballot papers to be sent to a different address, the registration officer shall grant the application if it meets the requirements set out in Schedule 3.

    (7) The registration officer shall, in respect of each Scottish parliamentary election, keep a special list of-

(a) those who are for the time being included in the record kept under paragraph (5) above, together with the addresses provided by them in their applications under paragraph (4) or, as the case may be, paragraph (6) above as the addresses to which their ballot papers are to be sent; and

(b) those whose applications under paragraph (4) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent,

and shall forthwith supply to the constituency returning officer a copy of that list on completion of the compilation of it.

    (8) The registration officer shall remove a person from the record kept under paragraph (5) above-

(a) if he applies to the registration officer to be removed;

(b) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires;

(c) if the elector ceases to be registered in the register of electors; or

(d) if the appointment of the person concerned as the elector's proxy ceases to be in force (whether or not he is re appointed).

Absent voting at elections: miscellaneous
     13.  - (1) Section 59 of the 1983 Act[19] (supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

(a) in subsection (3)(a), "this Act" shall be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act in relation to the making and cancellation of appointments of a proxy and in relation to voting by post; and

(b) in subsection (3)(b), "this Act and any regulations made under it" shall be similarly construed.

    (2) Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.

    (3) Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls
     14.  - (1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.

    (2) Where the polls at a Scottish parliamentary election and another election for related areas are to be taken on the same date but are not required by paragraph (1) above to be taken together, they may nevertheless may be so taken if the returning officer for each election thinks fit.

    (3) In paragraph (2) above the reference to another election means a local government election; and for the purposes of that paragraph two areas are related if one is coterminous with or situated wholly or partly within the other.

    (4) Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Secretary of State may determine.

    (5) Schedule 5 (which makes provision about the combination of polls) has effect.

Constituency returning officers
     15.  - (1) The constituency returning officer for a Scottish parliamentary election in a constituency other than the Orkney Islands and the Shetland Islands shall be the person who under section 25 of the 1983 Act (returning officers: Scotland) is the returning officer for parliamentary elections in that parliamentary constituency.

    (2) The constituency returning officer for a Scottish parliamentary election in the Orkney Islands shall be the person who, under section 41 of the 1983 Act (local government elections in Scotland) is, or may discharge the functions of, the returning officer at elections of councillors for the Orkney Islands Council.

    (3) The constituency returning officer for a Scottish parliamentary election in the Shetland Islands shall be the person who, under that section 41, is, or may discharge the functions of, the returning officer at elections of councillors for the Shetland Islands Council.

Officers of councils to be placed at disposal of returning officers
     16.  - (1) Every local authority in Scotland shall place at the disposal of the constituency returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the constituency returning officer in the discharge of any functions conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

    (2) Every local authority in Scotland shall place at the disposal of the regional returning officer for a region wholly or partly situated in their area, for the purpose of assisting the regional returning officer in the discharge of any function conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

Returning officers: discharge of functions
     17.  - (1) A returning officer at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of his functions.

    (2) Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each regional returning officer and each constituency returning officer for a Scottish parliamentary constituency within that region to co operate with each other in the discharge of their functions.

    (3) The duty imposed by paragraph (2) above applies as between constituency returning officers in any region as well as between such officers and the regional returning officer for that region.

Returning officers: general
     18.  - (1) A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

    (2) A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a constituency returning officer or a regional returning officer at that election.

Payments by and to returning officers
     19. Section 29 of the 1983 Act[20] (payments by and to returning officers) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

(a) any reference to a parliamentary election shall be construed as a reference to an election for membership of the Scottish Parliament;

(b) any reference to a returning officer shall be construed as a reference to a constituency returning officer and a regional returning officer;

(c) subsections (1) and (2) shall be disregarded;

(d) the reference in subsection (5) to "section 30 below" shall be construed as a reference to article 20 below; and

as if in subsection (8), for "Regulations may" there were substituted "the Secretary of State may by regulations";

and as if after subsection (8) there were inserted-

    " (8A) Any order made under subsection (3) above and any regulations made under subsection (8) above may make different provision in relation to different cases or in relation to different classes of case.".

Taxation of returning officer's accounts
     20.  - (1) An application for the accounts of a constituency returning officer or a regional returning officer to be taxed shall be made to the Auditor of the Court of Session.

    (2) On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as he thinks fit, and finally to determine the amount payable to the constituency returning officer or, as the case may be, regional returning officer.

    (3) On any such application the returning officer may apply to the Auditor to examine any claim made by any person against him in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.

Loan of equipment for Scottish parliamentary elections
     21.  - (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament, may, on request, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as the Secretary of State may determine.

    (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers
     22.  - (1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

    (2) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (3) below; but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

    (3) The grounds referred to in paragraph (2) above are-

(a) that he is not of voting age;

(b) that he is not, or, on the relevant date or the date of his appointment (as the case may be), was not-


(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland,

(iii) a relevant citizen of the Union;



(c) that he is, or, on the relevant date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

    (4) In paragraph (3) above, the "relevant date" means-

(a) in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act[21], the 15th October immediately preceding the date of publication of the register;

(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act[22].

Effect of misdescription
     23. No misnomer or inaccurate description of any person or place named-

(a) in the register of electors; or

(b) in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Order,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties
     24.  - (1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State, in accordance with, and on the recommendation of, the Electoral Commission under section 8(1) of the 2000 Political Parties Act, with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

    (2) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the local authority which appointed the registration officer, and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

    (3) It shall be the duty of each local authority to assign such officers to assist the registration officer appointed by that authority as may be required for carrying out his functions under this Order.

Payment of expenses of registration
     25.  - (1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as "registration expenses") shall be paid by the local authority by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the local authority by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve.

Personation
     26.  - (1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at a Scottish parliamentary election if he-

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes in person or by post as proxy-


(i) for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

    (3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
     27.  - (1) A person shall be guilty of an offence if-

(a) he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Scottish parliamentary election, or at Scottish parliamentary elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(b) he applies for the appointment of a proxy to vote for him at any Scottish parliamentary election or at Scottish parliamentary elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c) he votes, whether in person or by post, as proxy for some other person at a Scottish parliamentary election, knowing that that person is subject to a legal incapacity to vote.

    (2) For the purposes of paragraph (1) above, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

    (3) A person shall be guilty of an offence if-

(a) he votes as elector-


(i) more than once in any constituency at a poll for the return of a constituency member; or

(ii) more than once in any constituency at a poll for the return of regional members; or

(iii) in more than one constituency at a Scottish parliamentary general election;



(b) he votes as elector in person at a Scottish parliamentary election at which he is entitled to vote by post;

(c) he votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) he applies for a person to be appointed as his proxy to vote for him at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

    (4) A person shall be guilty of an offence if-

(a) he votes as proxy for the same elector either-


(i) more than once in the same constituency at any Scottish parliamentary election; or

(ii) in more than one constituency at a Scottish parliamentary general election;



(b) he votes in person as proxy for an elector at a Scottish parliamentary election at which he is entitled to vote by post as proxy for that elector; or

(c) he votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.

    (5) A person shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

    (7) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (8) An offence under this article shall be an illegal practice, but-

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order)[23]; and

(b) a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this article of any agent of his other than an offence under paragraph (6) above.

    (9) Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right he shall, for the purposes of this article, be treated as voting once in relation to each poll for which his votes are given.

Breach of official duty
     28.  - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are-

(a) any sheriff clerk, registration officer, returning officer or presiding officer;

(b) any official designated by a universal postal service provider (being a universal service provider as defined by section 4(3) of the Postal Services Act 2000); and

(c) any deputy of a person mentioned in sub paragraph (a) or (b) or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties,

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc
     29.  - (1) A person shall be guilty of an offence, if, at a Scottish parliamentary election, he-

(a) fraudulently defaces or fraudulently destroys any nomination paper;

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any declaration of identity or official envelope used in connection with voting by post;

(c) without due authority supplies any ballot paper to any person;

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in;

(e) fraudulently takes out of the polling station any ballot paper;

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

    (2) A person shall be guilty of an offence if-

(a) at a Scottish parliamentary election, he forges any nomination paper, delivers to a returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;

(b) he signs any nomination paper as candidate or as nominating officer for any registered political party (or as a person authorised by such officer), or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(c) he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

    (3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he shall be liable-

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both;

(b) on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (4) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (5) In this article "nomination paper" includes a regional list of a registered party.

Requirement of secrecy
     30.  - (1) The following persons attending at a polling station, namely-

(a) a returning officer or a member of his staff;

(b) a presiding officer or clerk;

(c) a candidate (including a candidate on a party's regional list);

(d) a nominating officer of a registered party which has submitted a regional list;

(e) an election agent;

(f) a polling agent,

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to-

(i) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(ii) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(iii) the official mark.

    (2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not-

(a) ascertain or attempt to ascertain at the counting of the votes the number on the back of any ballot paper;

(b) communicate any information obtained at the counting of the votes as to the candidate for whom or, as the case may be, registered political party for which, any vote is given on any particular ballot paper.

    (3) No person shall-

(a) interfere with or attempt to interfere with a voter when recording his vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or, as the case may be, the registered political party for which, a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom or, as the case may be, the registered political party for which a voter in that station is about to vote or has voted, or as to the number on the back of a ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display a ballot paper after he has marked it so as to make known to any person the name of the candidate for whom or, as the case may be, the registered political party for which, he has or has not voted.

    (4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not-

(a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark;

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number on the back of any ballot paper sent to any person;

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the name of the candidate for whom or, as the case may be, the registered political party for which, any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

    (5) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered political party for which, that voter intends to vote or has voted, or as to the number on the back of a ballot paper given for the use of that voter.

    (6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding three months.

    (7) In this article a voter with disabilities is a voter who has made a declaration under the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order that he is so incapacitated by his blindness or other incapacity or by his inability to read, as to be unable to vote without assistance.

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

    (8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address.

Nomination of sub agent
     32.  - (1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

    (2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

    (3) In this Order, any deputy election agent appointed under paragraph (1) or (2) above is referred to as a sub agent.

    (4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub agent the election agent may act by the sub agent and-

(a) anything done for the purposes of this Order by or to the sub agent in his part of the constituency or, as the case may be, region shall be deemed to be done by or to the election agent;

(b) any act or default of a sub agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice and offence against this Order committed by the sub agent, and the sub agent shall be liable to punishment accordingly; and

(c) the candidate or, as the case may be, each candidate on the registered party's regional list shall suffer the like incapacity as if that act or default had been the election agent's act or default.

    (5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub agent so declared.

    (6) The appointment of a sub agent-

(a) shall not be vacated by the election agent who appointed him ceasing to be election agent; but

(b) may be revoked by whoever is for the time being the election agent,

and in the event of the revocation of the appointment or of the death of a sub agent another sub agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

    (7) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (5) or (6) above shall specify the part of the constituency or, as the case may be, region within which any sub agent is appointed to act.

Office of election agent
     33.  - (1) Every election agent and every sub agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be-

(a) declared to the appropriate returning officer at the same time as the appointment of the agent or, as the case may be, sub agent, is declared to him; and

(b) stated in the public notice of the name of the agent or, as the case may be, sub agent.

    (2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub agent and addressed to him, shall be deemed to have been served on him and every election agent or sub agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
     34.  - (1) If no person's name and address is given as required by article 31 above as the election agent of-

(a) a candidate who remains validly nominated; or

(b) a registered party submitting a regional list,

at the latest time for delivery of notices of withdrawal of candidature-

(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent; and

(ii) in the case of a registered party, the candidate who is highest in that party's regional list shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as that party's election agent.

    (2) This paragraph applies if-

(a) the person whose name and address have been so given as those of an election agent for a candidate (not being the candidate himself) or of a registered party dies; and

(b) a new appointment is not made on the day of the death or on the following day.

    (3) Where paragraph (2) above applies-

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, he shall be deemed to have appointed himself as from the time of death; and

(b) in the case of the death of an election agent for a registered party-


(i) the candidate who is highest in that party's regional list shall be deemed to have appointed himself from the time of the death; or

(ii) where paragraph (2) above applies through the death of such a candidate, the candidate whose name is next highest in that registered party's regional list shall be deemed to have been appointed from the time of the death.

    (4) If the appointment of an election agent is revoked without a new appointment being made-

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate himself shall be deemed to have been appointed (or re appointed) election agent; and

(b) in the case of a registered party, the candidate who is highest in that party's regional list shall be deemed to have been appointed (or re appointed) election agent.

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate for return as a constituency member is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated as candidates for return as a constituency member.

    (7) Where an individual candidate for return as a regional member or a candidate on a registered party's regional list is by virtue of this article to be treated as an election agent he shall be deemed to have his office at the address given in the statement of persons and parties standing nominated.

    (8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under article 31 above.

Expenses of constituency candidate
     35. For the purpose of this Part of this Order, sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the constituency returning officer has received a certificate issued by a nominating officer of a registered party under rule 8 of the Scottish Parliamentary Election Rules are not to be regarded as having been made or incurred by that party.

Payment of expenses through election agent: constituency and individual candidates
     36.  - (1) Subject to paragraph (5) below, no payment (of whatever nature) shall be made by-

(a) a candidate for return as a constituency member or an individual candidate for return as a regional member; or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member unless it is made by or through the candidate's election agent.

    (2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

    (3) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub agent.

    (4) This article does not apply to-

(a) any expenses which are, in accordance with article 37(1) or (2), 41(6) or 42(2) below, paid by the candidate;

(b) any expenses which are paid in accordance with article 37(4) below by a person authorised as mentioned in that provision;

(c) any expenses included in a declaration made by the election agent under article 38 below; or

(d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of article 55 below.

    (5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (6) A person who makes any payment (of whatever nature) in contravention of paragraph (1) above shall be guilty of an illegal practice.

Expenses which may be paid otherwise than by election agent
     37.  - (1) A candidate (including a candidate on a registered party's regional list) may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed-

(a) £600 in the case of a candidate for return as a constituency member who is not also a candidate for return as a regional member; and

(b) £900 in the case of a candidate for return as a regional member (whether or not he is also a candidate for return as a constituency member),

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) A candidate at an election may also pay any election expenses (other than expenses falling within paragraph (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

    (3) A candidate shall send to the election agent within the time permitted by this Order for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) or (2) above by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member he shall send the statement to the election agent acting on his behalf in relation to his candidacy for return as a constituency member.

    (4) Any person may, if so authorised in writing by an election agent, pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

    (6) Articles 41 and 42 below do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate's election agent.

Expenses incurred otherwise than for election purposes
     38.  - (1) Neither article 37 above nor articles 41 and 42 below shall apply to election expenses-

(a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate's election, but

(b) which by virtue of article 55(1) below fall to be regarded as election expenses by reason of the property goods, services or facilities in respect of which they were incurred being used for the purposes of the candidate's election.

    (2) The candidate's election agent shall make a declaration of the amount (determined in accordance with articles 55 and 56 below) of any election expenses falling within paragraph (1) above.

    (3) In this article "for the purposes of the candidate's election" has the same meaning as in articles 55 to 57 below.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
     39.  - (1) No expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election, shall be incurred at such an election by any person other than the candidate or his election agent and persons authorised in writing by the election agent on account-

(a) of holding public meetings or organising any public display;

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors a candidate, or the views of such a candidate or the extent or nature of that candidate's backing or disparaging of another candidate or, in the case of an individual candidate for return as a regional member, of a registered party,

but sub paragraph (c) of this paragraph shall not-

(i) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990[24] or Part I or II of the Broadcasting Act 1996[25]; or

(ii) apply to any expenses, incurred by any person which do not exceed in the aggregate the sum of £500 (and are not incurred by that person as part of a concerted plan of action), or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

    (2) For the purposes of paragraph (1)(ii) above, expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1)(ii)) fall within paragraph (1) above.

    (3) Where a person incurs any expense required by this article to be authorised by the election agent-

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate returning officer a return of the amount of those expenses stating the election at which and the candidate in whose support they were incurred; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

    (4) The return and declaration under the foregoing provisions of this article shall be respectively in the forms A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

    (5) If a person-

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (3) above falsely,

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but-

(i) the court before whom a person is convicted under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order); and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

    (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves-

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the other circumstances.

Limitation of election expenses: candidates
     40.  - (1) The election expenses incurred by or on behalf of-

(a) a candidate for return as a constituency members; or

(b) an individual candidate for return as a regional member,

at an election must not in the aggregate exceed the maximum amount specified in this article.

    (2) The maximum amount is (in a case other than that to which paragraph (3) below applies)-

(a) for a candidate for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency £5,761 together with an additional 6.5p for every entry in the register of electors;

(b) for a candidate for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, £5,761 together with an additional 4.8p for every entry in the register of electors;

(c) for a candidate for return as a constituency member for the constituency of the Orkney Islands or the Shetland Islands, £5,761 together with an additional 6.5p for every entry in the register of electors ; and

(d) for an individual candidate for return as a regional member, a sum calculated by adding together the maximum amounts (calculated in accordance with sub paragraphs (a) to (c) above) for a single candidate for return as a constituency member in each constituency included in the region.

    (3) The maximum amount at an election to fill a vacancy, for a candidate-

(a) for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency, £100,000;

(b) for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, £100,000;

(c) for return as a constituency member for the constituency of the Orkney Islands or the Shetland Islands, £100,000.

    (4) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (2) or, as the case may be, paragraph (3) above, any candidate or election agent who-

(a) incurred, or authorised the incurring of, the election expenses, and

(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.

    (5) In paragraph (2) above "the register of electors" means the register of local government electors, for the area in question as it has effect on the last day for publication of notice of the election.

    (6) The maximum amount specified in paragraph (2) or (3) above for a candidate is not required to cover personal expenses of that candidate.

    (7) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (8) The maximum amount specified in paragraph (2) or (3) above for a candidate shall not be affected by the change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

Time for sending in and paying claims
     41.  - (1) Every claim against-

(a) a candidate for return as a constituency member or his election agent; or

(b) an individual candidate for return as a regional member or his election agent,

in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.

    (2) All election expenses shall be paid not later than 28 days after that date.

    (3) Subject to paragraph (4) or (5) below, a person who pays a claim in contravention of paragraph (1) above or makes a payment in contravention of paragraph (2) above shall be guilty of an illegal practice.

    (4) Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate-

(a) the candidate's election shall not be void; nor

(b) shall he be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

    (5) The following person or persons, namely-

(a) a claimant;

(b) a candidate for return as a constituency member or his election agent; or

(c) an individual candidate for return as a regional member or his election agent,

may apply to the Court of Session or to the sheriff for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in to a candidate and not the election agent and the court on cause shown to their satisfaction may by order grant leave.

    (6) Any sum specified in the order of leave may be paid in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by such candidate or his election agent and the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (2) above.

    (7) The jurisdiction vested by paragraph (5) above in the sheriff may be exercised otherwise than in open court.

    (8) An appeal lies to the Court of Session from any order of the sheriff made by virtue of paragraph (5) above.

Disputed claims
     42.  - (1) If an election agent disputes any claim sent to him within the period of 21 days mentioned in article 41 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

    (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a candidate or his election agent in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 36(1), 37(1) or (2) or 41(2) above.

    (3) If the defender in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the pursuer's application otherwise directs, be forthwith referred for taxation to the auditor of the Court of Session or, as the case may be, the sheriff court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

    (4) Article 41(6) to (8) above applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent's claim
     43. So far as circumstances admit, this Order applies to an election agent's claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
     44.  - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared the election agent of every-

(a) candidate for return as a constituency member; and

(b) individual candidate for return as a regional member,

at the election shall deliver to the appropriate returning officer a true return in the form set out in the Appendix to this Order, containing as respects that candidate-

(i) a statement of all election expenses incurred by or on behalf of the candidate; and

(ii) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.

    (2) A return under this article must-

(a) specify the poll by virtue of which the return is required;

(b) specify the name of the candidate to whom the return relates and of the candidate's election agent; and

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of article 39(3) above.

    (3) The return shall also contain as respects that candidate-

(a) a statement of all payments made-


(i) by the candidate in accordance with article 37(1) or (2) above, or

(ii) by any other person in accordance with article 37(4) above,



together with all bills or receipts relating to any such payments made in accordance with article 37(2) or (4) above;

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the Court of Session or the sheriff;

(d) any declarations of value falling to be made by the candidate's election agent by virtue of article 38(2) above or 57(2) below;

(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of article 55(5)(b) below;

(f) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to the 2000 Political Parties Act; and

(g) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.

    (4) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 41(5) above for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with the requirements of this article without such authorised excuse as is mentioned in article 50 below.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
     45.  - (1) Each return delivered under article 44 above shall be accompanied by a declaration made by the election agent in the form D set out in the Appendix.

    (2) At the same time as the election agent delivers that return, or within seven days thereafter-

(a) each candidate for return as a constituency member; and

(b) each individual candidate for return as a regional member,

shall deliver to the appropriate returning officer a declaration made by him in the form D set out in the Appendix.

    (3) Where a candidate is out of the United Kingdom when the return is so delivered-

(a) the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall be forthwith delivered to the appropriate returning officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) Where-

(a) a candidate for return as a constituency member is his own election agent; or

(b) an individual candidate for return as a regional member is his own election agent,

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form D set out in the Appendix.

    (5) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Declarations as to election expenses: candidates on a registered party's regional list
     46.  - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared, each candidate on a registered party's regional list shall deliver to the appropriate returning officer a declaration in the form E set out in the Appendix.

    (2) Where a candidate is out of the United Kingdom when the declaration is due to be so delivered-

(a) the declaration required by paragraph (1) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall forthwith be delivered to the appropriate returning officer.

    (3) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declaration is needed
     47. Notwithstanding anything in article 44 above, no return or declaration as to election expenses shall be required in the case of a person-

(a) who is a candidate, but is so only because he has been declared by others to be a candidate; and

(b) who has not consented to the declaration or taken any part as a candidate at the election.

Penalty for failure as respects return of declarations
     48. Subject to the provisions of article 50 below, if any candidate, nominating officer or election agent fails to comply with the requirements of articles 44, 45 and 46 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declaration is transmitted
     49.  - (1) If-

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the return and declarations as to election expenses; or

(b) in the case of a candidate included on a registered party's regional list, his declaration as to elections expenses,

are not delivered before the expiry of the time limited for the purpose the candidate shall not, after the expiry of the time, sit or vote in the Parliament as a member for the constituency or, as the case may be, region until-

(i) where sub paragraph (a) above applies, that return and those declarations have been delivered;

(ii) where sub paragraph (b) applies, that declaration has been delivered; or

(iii) the date of the allowance of an authorised excuse for the failure to deliver the return and declaration,



and if he sits or votes in contravention of this article he shall forfeit £100 for every day on which he so sits or votes.

Authorised excuses for failure as to return and declarations
     50.  - (1) A candidate, a party's nominating officer or an election agent may apply for relief under this article to-

(a) the Court of Session;

(b) an election court; or

(c) the sheriff.

    (2) Where an application is made under this article the person or persons making the application shall notify the Lord Advocate of the application and the Lord Advocate may attend or be represented at the hearing of the application and make representations at the hearing in respect of it.

    (3) Relief under this article may be granted-

(a) to a candidate for return as a constituency member, and to an individual candidate for return as a regional member, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them;

(b) to a candidate on a registered party's regional list, in respect of any failure to deliver the declaration as to election expenses, or any part of it, or in respect of any error or false statement in it;

(c) to a registered party's nominating officer, in respect of any failure to deliver a return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them; or

(d) to an election agent, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them.

    (4) The application for relief may be made on the ground that the failure, error or false statement arose-

(a) by reason of the applicant's illness;

(b) where the applicant is a candidate, by reason of the absence, death, illness or misconduct-


(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, of his election agent or sub agent (or any clerk or officer of such agent); or

(ii) in the case of a candidate included in a registered party's regional list, of any person;



(c) where the applicant is an election agent, by reason of the death or illness-



(i) of any prior election agent;

(ii) where he is an election agent for a candidate, of the candidate; or

(iii) where he is an election agent for a registered party submitting a regional list, of any candidate included in that list;



(d) where the applicant is an election agent, by reason of the absence, death, illness or misconduct of any sub agent, clerk or officer of any election agent;

(e) where the applicant is a registered party's nominating officer, by reason of the death, absence, misconduct or illness-



(i) of any election agent of that party or clerk or officer of such agent;

(ii) of any candidate included in a regional list submitted by that party; or

(iii) of any person having the authority to act in accordance with arrangements for which the nominating officer is responsible; or



(f) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant's part.

    (5) The court may-

(a) after such notice of the application in the constituency or region in relation to which the election was held, as it considers fit; and

(b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

    (6) Where it is proved to the court by a candidate-

(a) that any act or omission of the election agent of that candidate (or, in the case of a candidate on a party's regional list, the party's nominating officer) in relation to the return or declarations was without the sanction or connivance of the candidate; and

(b) that the candidate took all reasonable means for preventing the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of the election agent or, as the case may be, nominating officer.

    (7) An order under paragraph (5) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of this Order.

    (8) An order under paragraph (5) above shall relieve the applicant for