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The Scottish Parliament (Elections etc.) Order 2015

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Orders for production of documents and records

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69.—(1) An order—

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

(b)for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the CRO’s custody,

may be made, if 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 an election petition, by the Court of Session or the sheriff.

(2) An order—

(a)for the opening of a sealed packet of the completed corresponding number lists or of certificates; or

(b)for the inspection of any counted ballot papers in the CRO‘s custody,

may be made by an election court.

(3) An order under this paragraph 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 court making the order may think expedient; but in making and carrying into effect such an order 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 elector’s vote was given; and

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

(4) An appeal lies to the Court of Session from any order of the sheriff under this rule.

(5) Any power given under this rule to the Court of Session or to the sheriff, may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the CRO of any document or record in the CRO’s possession relating to any specified election—

(a)the production by the CRO or the CRO’s agent of the document or record ordered in such manner as may be directed by that order shall be conclusive evidence that the document or record 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.

(7) The production from proper custody of—

(a)a ballot paper purporting to have been used at any election; and

(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act(1) (notice of alteration in the register)) at the time of the election contained the same number as the number marked as mentioned in sub-paragraph (b).

(8) Save as provided by this paragraph, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the CRO, or to open any sealed packets of the completed corresponding number lists or of certificates.

(1)

Sections 13A and 13B were added by the 2000 Act, Schedule 1, paragraph 6. Section 13AB was added by the Electoral Registration and Administration Act 2013 (c.6), section 16(3). Section 13B was amended by the 2006 Act, section 11(4).

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