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Statutory Instruments

2007 No. 937 (S. 3)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 2007

Made

14th March 2007

Coming into force in accordance with article 1

ARRANGEMENT OF ARTICLES, SCHEDULES AND APPENDIX OF FORMS

Go to Preamble

  1. PART I

    GENERAL

    1. 1. Citation and commencement

    2. 2. Revocations

    3. 3. Interpretation

  2. PART II

    THE FRANCHISE AND ITS EXERCISE

    1. 4. Registers of electors etc

    2. 5. Registration appeals

    3. 6. Polling districts and places at elections

    4. 7. Rules for Scottish parliamentary elections

    5. 8. Manner of voting at Scottish parliamentary elections

    6. 9. Absent vote at Scottish parliamentary elections for an indefinite or a particular period

    7. 10. Absent vote at a particular Scottish parliamentary election and special lists

    8. 11. Proxies at Scottish parliamentary elections

    9. 12. Voting as proxy

    10. 13. Absent voting at elections: miscellaneous

    11. 14. Combination of polls

    12. 15. Constituency returning officers

    13. 16. Officers of councils to be placed at disposal of returning officers

    14. 17. Returning officers: discharge of functions

    15. 18. Returning officers: general

    16. 19. Payments by and to returning officers

    17. 20. Taxation of returning officer’s accounts

    18. 21. Loan of equipment for Scottish parliamentary elections

    19. 22. Effect of registers

    20. 23. Effect of misdescription

    21. 24. Discharge of registration duties

    22. 25. Payment of expenses of registration

    23. 26. Personation

    24. 27. Other voting offences

    25. 28. Offences relating to applications for postal and proxy votes

    26. 29. Breach of official duty

    27. 30. Tampering with nomination papers, ballot papers etc

    28. 31. False statements in nomination papers etc.

    29. 32. Requirement of secrecy

  3. PART III

    THE ELECTION CAMPAIGN

    1. 33. Appointment of election agent

    2. 34. Nomination of sub agent

    3. 35. Office of election agent

    4. 36. Effect of default in election agent’s appointment

    5. 37. Expenses of constituency candidate

    6. 38. Payment of expenses through election agent: constituency and individual candidates

    7. 39. Expenses which may be paid otherwise than by election agent

    8. 40. Expenses incurred otherwise than for election purposes

    9. 41. Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members

    10. 42. Limitation of election expenses: candidates

    11. 43. Time for sending in and paying claims

    12. 44. Disputed claims

    13. 45. Election agent’s claim

    14. 46. Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    15. 47. Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    16. 48. Declarations as to election expenses: candidates on a registered party’s regional list

    17. 49. Where no return and declaration is needed

    18. 50. Penalty for failure as respects return of declarations

    19. 51. Penalty for sitting or voting where no return and declaration is transmitted

    20. 52. Authorised excuses for failure as to return and declarations

    21. 53. Court’s power to require information from election agent or sub agent

    22. 54. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission

    23. 55. Publication of time and place of inspection of returns and declarations

    24. 56. Inspection of returns and declarations: candidates

    25. 57. Meaning of Election Expenses

    26. 58. Election Expenses – list of matters and general exclusions

    27. 59. Property, goods, services etc provided free of charge or at a discount

    28. 60. Right to send election address post free

    29. 61. Remuneration for free postal services provided

    30. 62. Broadcasting from outside United Kingdom

    31. 63. Broadcasting of local items during election period

    32. 64. Imitation poll cards and notifications

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

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

    35. 67. Disturbances at Scottish parliamentary election meetings

    36. 68. Officials not to act for candidates

    37. 69. Illegal canvassing by police officers

    38. 70. False statements as to candidates

    39. 71. Corrupt withdrawal from candidature

    40. 72. Payments for exhibition of election notices

    41. 73. Printer’s name and address on election publications

    42. 74. Prohibition of paid canvassers

    43. 75. Providing money for illegal purposes

    44. 76. Bribery

    45. 77. Treating

    46. 78. Undue influence

    47. 79. Rights of creditors

    48. 80. Savings as to Scottish parliamentary elections

    49. 81. Interpretation of Part III

    50. 82. Computation of time for purposes of Part III

  4. PART IV

    LEGAL PROCEEDINGS

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

  5. PART V

    MISCELLANEOUS AND SUPPLEMENTAL

    1. 84. Vacancies: constituency seats

    2. 85. Vacancies: regional member seats

    3. 86. Modification of section 10 of the 1998 Act

    4. 87. Dissolution of Parliament: minimum period

    5. 88. Advertisements

    6. 89. Forms and documents: variations and translations

    7. 90. Sending of applications, notices etc

    8. 91. Interference with notices etc

    9. 92. Premises used for election purposes

    10. 93. Correction of procedural errors

    11. 94. Effect of demise of the Crown

    12. 95. Consequential amendment

    1. SCHEDULE 1

      ELECTORS REGISTERS:

    2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART I

        Provisions as to time

      2. PART II

        STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

      3. PART III

        CONTESTED ELECTIONS

      4. PART IV

        FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

      5. PART V

        DISPOSAL OF DOCUMENTS

      6. PART VI

        DEATH OF CANDIDATE

      7. PART VII

        MISCELLANEOUS

    3. SCHEDULE 3

      ABSENT VOTING

    4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

    5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART I

        GENERAL

      2. PART II

        MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)

      3. PART III

        MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2007 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)

    6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART I

        ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART II

        ELECTION OR RETURN OF REGIONAL MEMBER

    7. SCHEDULE 7

      USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

    8. APPENDIX OF FORMS

      ARRANGEMENT OF FORMS

Go to Explanatory Note

This Order is made in exercise of the powers conferred by sections 12(1) and 113 of the Scotland Act 1998(1).

The Secretary of State has consulted the Electoral Commission as required by section 7 of the Political Parties, Elections and Referendums Act 2000(2).

A draft of this Order has been laid before Parliament in accordance with section 115 of, and Schedule 7 to, the 1998 Act and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State for Scotland makes the following Order:

(1)

1998 c. 46. Section 12 was amended by the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Political Parties Act”), Schedule 21, paragraph 13 and by the European Parliamentary Elections Act 2002 (c. 24), Schedule 3, paragraph 7. Back [1]

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