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The Loch Lomond and The Trossachs National Park Elections (Scotland) Order 2002

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Orders for production of documents

46.—(1) An order–

(a)for the inspection or production of any rejected ballot papers in the custody of the proper officer of the Authority; or

(b)for the inspection of any counted ballot papers in the custody of the proper officer of the Authority,

may be made by the sheriff principal having jurisdiction in the National Park, and, where more than one sheriff principal has jurisdiction in the said area, by any such sheriff principal, on being satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of civil proceedings.

(2) An order under this article may be made subject to such conditions as to–

(a)persons;

(b)time;

(c)place and mode of inspection;

(d)production or opening;

as the sheriff principal making the order may think expedient; but in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved–

(i)that the vote was given; and

(ii)that the vote has been declared by a competent court to be invalid.

(3) An appeal lies to the Court of Session from any order of a sheriff principal under this article.

(4) Any power given under this article to a sheriff principal may be exercised otherwise than in open court.

(5) Where an order is made for the production by the proper officer of the Authority of any document in his or her possession relating to any specified election–

(a)the production by him or her or his or her agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b)any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

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