Regulation 5
SCHEDULE 1CONTENT OF BID PROPOSALS, RENEWAL PROPOSALS OR ALTERATION PROPOSALS
1.—(1) Subject to sub paragraphs (2) and (3), a BID proposal shall include–
(a)a statement of the works or services to be provided, the name of the person responsible for implementation of those works or services, whether this shall be a BID body, and the status of such person (whether a local authority, a company under the control of an authority, a limited company or a partnership);
(b)a statement of the existing baseline services provided by the local authority or other persons with public functions;
(c)a description of the geographical area (including a map showing that area) in which the proposed BID arrangements are to have effect;
(d)a statement providing details of any additional financial contributions or additional actions for the purpose of enabling the projects specified in the BID proposals to be carried out, by the local authority or any other person authorised or required to do so by the statement;
(e)a statement of whether the BID arrangements may be altered without an alteration ballot and, if so, which aspects of the BID arrangements may be altered in this way;
(f)a statement of the duration of the BID arrangements; and
(g)a statement of the commencement date of the BID arrangements.
(2) In relation to sub paragraph (1)(c), the geographical area in which BID arrangements are to have effect shall not include part only of a relevant property.
(3) In relation to sub paragraph (1)(g), the BID proposer shall specify how many days after the notice of the result is published (pursuant to paragraph 17 of Schedule 2) it proposes the BID arrangements will commence and such commencement date shall be no later than a year after the date of that notice.
2. The matters which shall be included in renewal proposals are–
(a)a statement of the proposed period (not exceeding 5 years) of the renewed BID arrangements; and
(b)a summary of the BID arrangements (including the geographical area of the business improvement district and the works or services provided).
3.—(1) Subject to sub paragraph (2), the matters which shall be included in alteration proposals are a description of how it is proposed the BID arrangements are to be altered in relation to each of the following:–
(a)the works or services to be provided or the person to have responsibility for implementing the BID arrangements;
(b)a summary of the existing baseline services provided by the local authority or other person with public functions;
(c)the geographical area (including a map showing that area) in which the proposed BID arrangements are to have effect;
(d)whether the BID arrangements may be altered without an alteration ballot and, if so, which aspects of the BID arrangements may be altered in this way; and
(e)a statement of the commencement date of the alterations to the BID arrangements.
(2) In relation to sub paragraph (1)(c), the geographical area in which BID arrangements are to have effect shall not include part only of a relevant property.
(3) In relation to sub paragraph (1)(e), the BID body shall specify how many days after the notice of the result is published pursuant to paragraph 17 of Schedule 2 it proposes the alterations to the BID arrangements will come into force and such commencement date shall be no later than a year after the date of that notice.
Regulation 8
SCHEDULE 2RULES FOR BID BALLOTS, RENEWAL BALLOTS AND ALTERATION BALLOTS
PROVISIONS AS TO TIME
Timetable
1. The proceedings of the ballot shall be conducted in accordance with the following Table.
Timetable
| Proceeding | Time |
|---|---|
| The BID proposer gives notice to the local authority, billing body and the Scottish Ministers of intention to put the proposals to the ballot | At least 98 days before the day of the ballot in accordance with regulation 4 |
| The local authority instructs the ballot holder | In accordance with regulation 6 |
| Publication of notice of ballot | At least 42 days before the day of the ballot, in accordance with paragraph 3 |
| Day of the ballot | The day determined in accordance with paragraph 2 |
| Declaration of the result | In accordance with paragraph 17 |
RULES FOR BALLOTS
Day of the ballot
2.—(1) Subject to sub paragraph (2), the ballot holder shall secure that the day of the ballot is–
(a)a working day;
(b)at least 42 days after the date on which the ballot papers were sent to voters (or, where the ballot papers were sent on more than one date, the last such date); and
(c)no earlier than 56 days, and no later than 90 days, from the date on which the ballot holder published the notice required by paragraph 3(a).
(2) No later than 42 days before the day of the ballot, the ballot holder may postpone the day of the ballot by up to 15 working days.
(3) Where the ballot holder postpones the ballot under sub paragraph (2), they shall notify the billing body, the local authority, and the BID proposer or BID body, as the case may be, in writing of the new day of the ballot and the reasons for the postponement and the ballot holder shall take reasonable steps to publicise the new day of the ballot.
(4) A re ballot shall not take place until at least 1 year after the date of the original ballot.
Ballots – preliminary procedures
3. The ballot holder shall, at least 42 days before the day of the ballot–
(a)publish notice of the ballot stating–
(i)the day of the ballot; and
(ii)that the ballot will be taken entirely by post, with votes to be returned by 5 p.m. on the day of the ballot;
(b)prepare a list of persons entitled to vote and proxies (if any);
(c)send to each person entitled to vote or, if applicable, that person’s proxy a statement which–
(i)explains the arrangements for the ballot;
(ii)explains that regulation 5(3) allows that person to request a copy of the BID proposals from the BID proposer; and
(iii)provides the name and address of the BID proposer; and
(d)send to the Scottish Ministers a copy of the notice referred to in sub paragraph (a).
Ballots – general
4.—(1) Each ballot shall be a postal ballot.
(2) Each person entitled to vote in a BID ballot shall have the votes allocated which can be cast for the purposes of the first condition to be satisfied for approval by a BID ballot, in accordance with regulation 10.
(3) The rateable value of relevant property for the purposes of a BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, shall be the rateable value on the valuation roll as at 5 p.m. on the day of the ballot and no account shall be taken of any alteration to the rateable value which is not shown on the valuation roll immediately prior to the end of the day of the ballot.
Proxy voting
5.—(1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another in a ballot and may vote in pursuance of the appointment.
(2) The person entitled to vote cannot have more than one person at a time appointed as proxy to vote for that person in a ballot.
(3) Where the person entitled to vote applies to the ballot holder for the appointment of a proxy to vote for that person in a particular ballot, the ballot holder shall make the appointment if the application meets the requirements of this paragraph and that the proxy is capable of being, and willing to be, appointed.
(4) An application for the appointment of a proxy shall–
(a)state the full name and address of the person whom the person entitled to vote (the applicant) wishes to appoint as their proxy;
(b)state the address of the applicant’s relevant property or properties;
(c)be signed by the applicant; and
(d)contain a statement by the applicant that they have consulted the proxy so named and that that person is capable of being and willing to be appointed.
(5) An application to appoint a proxy shall be refused for the purposes of a particular ballot if it is received by the ballot holder after 5 p.m. on the tenth day before the day of the ballot.
(6) Where the ballot holder grants an application for the appointment of a proxy, they shall–
(a)confirm by notice in writing to the person entitled to vote that the proxy has been appointed, their name and their address; and
(b)include the proxy’s details on the list referred to in paragraph 3(b).
(7) Where the ballot holder refuses an application to appoint a proxy, the ballot holder shall notify the applicant in writing of their decision and of the reason for it.
(8) Subject to sub paragraph (9), the appointment shall remain in force for that ballot only.
(9) The appointment may be cancelled by the person entitled to vote giving notice to the ballot holder or by the proxy giving notice to the ballot holder that they no longer wish to act as proxy.
(10) A notice under sub paragraph (9) by a person entitled to vote cancelling a proxy’s appointment shall be disregarded for the purposes of a ballot if it is received by the ballot holder after 5 p.m. on the fifth day before the date of the poll at that election.
(11) Where the appointment of a proxy is cancelled under sub paragraph (9), the ballot holder shall–
(a)notify the person entitled to vote in writing that the appointment has been cancelled;
(b)notify the person whose appointment as proxy has been cancelled in writing, unless the ballot holder has previously been notified by that person that they no longer wish to act as proxy; and
(c)remove the name of the proxy from the record kept under paragraph 3(b).
Requirement of secrecy
6.—(1) Every person attending the proceedings in connection with the issue or the receipt of ballot papers shall maintain, and aid in maintaining, the secrecy of the voting and shall not attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the way in which any vote is given in any particular ballot paper, or communicate any information with respect to that obtained at those proceedings.
(2) Every person attending at the counting of the votes shall maintain, and aid in maintaining, the secrecy of voting and shall not communicate any information obtained at the counting of the votes as to the way in which any vote is given on any particular ballot paper.
(3) Nothing in this paragraph shall prevent the ballot holder and his clerks ascertaining the address and rateable value of each relevant property in respect of which a vote is cast.
Notification of requirement of secrecy
7. The ballot holder shall make such arrangements as they think fit to ensure that every person attending at proceedings in connection with the issue or receipt of ballot papers or the counting of the votes has been given a copy in writing of the provisions of paragraph 6.
The ballot paper
8.—(1) Nothing is to be printed on the ballot paper except in accordance with this paragraph.
(2) Each ballot paper may have a number or barcode printed on the back.
(3) The box in which a vote may be marked on the ballot paper shall not be less than 1.5 centimetres square.
(4) All of the words on the ballot paper shall appear in the same size type.
(5) Each ballot paper for a BID ballot, or a re ballot in relation to a BID ballot (as the case may be), shall include the following wording, or wording substantially to the like effect–
Prohibition of disclosure of vote
9. No person who has voted shall, in any legal proceeding to question the BID ballot, renewal ballot, alteration ballot or re ballot, be required to state the way in which he voted.
Procedure on issue of ballot paper
10.—(1) One ballot paper shall be issued in respect of each–
(a)eligible ratepayer entitled to vote in the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, in respect of each relevant property for which that ratepayer is entitled to vote; and
(b)eligible person (not being a ratepayer) entitled to vote in the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be.
(2) The address to which the ballot paper is to be sent is–
(b)the address of the relevant property or the principal place of business within Scotland of the person entitled to vote; or
(c)in the case of a proxy, the address shown for the proxy on the list prepared under paragraph 3(b).
(3) At the same time there shall be issued to each person entitled to vote or, if applicable, that person’s proxy–
(a)a statement prepared by the ballot holder providing an explanation of the BID arrangements and the arrangements for the ballot; and
(b)an envelope for the return of the ballot paper (referred to in this Schedule as the “return envelope”).
(4) For the purpose of delivering the ballot papers, the ballot holder may use–
(a)a universal service provider (as defined in the Postal Services Act 2000)(1);
(b)any other holder of a licence under Part 2 of the Postal Services Act 2000 whose licence permits it to convey such papers from one place to another; or
(c)any other means of conveyance and delivery for which a licence is not required, pursuant to section 7 of the Postal Services Act 2000.
(5) Postage shall be prepaid on envelopes in which the ballot paper is issued and return postage shall be prepaid on all return envelopes.
(6) No person other than the ballot holder and clerks may be present at the issue of ballot papers, unless permitted by the ballot holder to attend.
Spoilt ballot papers
11.—(1) If a voter has inadvertently dealt with their ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) that voter may return (either by hand or by post) to the ballot holder the spoilt ballot paper.
(2) If on receipt of the spoilt ballot paper later than the date that is 3 working days prior to the day of the ballot, the ballot holder is satisfied as to the voter’s identity, the ballot holder he shall issue another ballot paper.
(3) The spoilt ballot paper shall be immediately cancelled.
(4) Where a voter applies in person, the ballot holder may hand a replacement ballot paper to that voter instead of delivering it in accordance with paragraph 10.
Lost ballot papers
12.—(1) Where a voter has not received their ballot paper by the seventh working day before the day of the ballot, that voter may apply (whether or not in person) to the ballot holder for a replacement ballot paper.
(2) Such an application shall include evidence of the voter’s identity.
(3) Where the application is received by the ballot holder later than the date that is 3 working days prior to the day of the ballot and the ballot holder–
(a)is satisfied as to the voter’s identity; and
(b)has no reason to doubt that the voter did not receive the original ballot paper,
the ballot holder shall issue another ballot paper.
(4) Where a voter applies in person, the ballot holder may hand a replacement ballot paper to that voter instead of delivering it in accordance with paragraph 10.
Receipt of return ballot papers
13.—(1) A postal ballot paper shall not be taken to be duly returned unless it is received by the ballot holder (either by hand or by post) or at any place for delivery specified in the notice of ballot as being a place of delivery before 5 p.m. on the day of the ballot.
(2) On receipt of a returned ballot paper, the ballot holder shall arrange for it to be kept in a secure receptacle until the votes are counted.
(3) No person other than the ballot holder and clerks may be present at the receipt of the ballot papers, unless permitted by the ballot holder to attend.
The count
14.—(1) As soon as practicable after the day of the ballot, the ballot holder shall make arrangements for counting the votes cast on such of the ballot papers as have been duly returned (in accordance with paragraph 13(1)) and record the number counted.
(2) No person other than the ballot holder and clerks may be present at the counting of the votes, unless permitted by the ballot holder to attend.
Rejected ballot papers
15.—(1) Where a ballot paper is received which bears the same number or barcode as a ballot paper already received, both that ballot paper and the other ballot paper bearing the same number or barcode (as the case may be) shall be void and not counted.
(2) Any ballot paper which is unsigned, unmarked or void for uncertainty shall, subject to sub paragraph (3), be void and not counted.
(3) A ballot paper on which the vote is marked–
(a)elsewhere than in the proper place; or
(b)otherwise than by means of a cross; or
(c)by more than one mark,
shall not for such reason be deemed to be void if the voting intention appears clear.
Decisions on ballot papers
16. The decision of the ballot holder on any question arising in respect of a ballot paper shall be final.
Declaration of result
17.—(1) The ballot holder shall certify–
(a)the total number of votes cast in the ballot excluding any votes given on ballot papers rejected under paragraph 15;
(b)the aggregate rateable value of each relevant property in respect of which a person voted in the ballot;
(c)the total number of votes cast in favour of the question asked in the ballot;
(d)the total number of votes cast against the question asked in the ballot;
(e)the aggregate rateable value of each relevant property in respect of which a person voting in the ballot has voted in favour of the question asked; and
(f)the aggregate rateable value of each relevant property in respect of which a person voting in the ballot has voted against the question asked.
(2) The ballot holder, having made the certification under sub paragraph (1), shall–
(a)forthwith make a declaration of the matters so certified; and
(b)give public notice of the matters so certified as soon as practicable and within 7 days after the counting of the votes.
Validity
18.—(1) No BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, shall be declared invalid by reason of any act or omission of the ballot holder or any other person in breach of the provisions of this Schedule, if it appears to a court considering the question that–
(a)the BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, was so conducted as to be substantially in accordance with the provisions of this Schedule; and
(b)the act or omission did not affect its result.
(2) A BID ballot, renewal ballot, alteration ballot or re ballot, as the case may be, unless proceedings are started in relation to it before the commencement date of the BID arrangements, renewed BID arrangements or altered BID arrangements (as the case may be), shall be deemed to have been to all intents a good and valid ballot.
Retention of ballot papers
19. The ballot holder shall retain the ballot papers for 6 months after the day of the ballot and then, unless otherwise directed by order of a court, shall cause them to be destroyed.
Regulation 16
SCHEDULE 3THE KEEPING OF THE BID REVENUE ACCOUNT
PART 1Credits to the Account
1. For each year a local authority which is required to keep a BID Revenue Account (“the account”) shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule.
Item 1: BID revenues
BID levy sums paid for the year.
Item 2: Income from BID services and facilities
Sums received by the authority for the year in respect of services or facilities provided by it (excluding contributions made by it to the business improvement district under section 35 of the 2006 Act) under the BID arrangements.
Item 3: reduced provision for bad or doubtful debts
The following, namely–
(a)any sums debited to the account for a previous year under sub paragraph (a) of item 3 of Part 2 of this Schedule which have been recovered by the authority during the year; and
(b)any amount by which, in the opinion of the authority, any provision debited to the account for a previous year under sub paragraph (b) of that item should be reduced.
Item 4: credit balance from previous year
Any credit balance shown in the account for the previous year.
PART 2Debits to the Account
2. For each year a local authority which is required to keep a BID Revenue Account (“the account”) shall carry to the debit of the account amounts equal to the items listed in this Part of this Schedule.
Item 1: BID cost of collection
The cost to the authority for the year in respect of collecting the BID levy.
Item 2: BID expenditure
The expenditure of the authority for the year in respect of the BID arrangements (including sums paid to a third party to undertake the works or services under the BID arrangements).
Item 3: provision for bad or doubtful debts
The following, namely–
(a)any sums credited to the account for the year or any previous year under item 1 or 2 of Part 1 of this Schedule which, in the opinion of the authority, are bad debts which should be written off; and
(b)any provision for doubtful debts which, in their opinion, should be made in respect of sums so credited.
Item 4: debit balance from previous year
Any debit balance shown in the account for the previous year.