The Scottish Parliament (Elections etc.) Order 2015

PART 1 S PROVISIONS AS TO TIME

Timetable S

1.—(1) The proceedings at a Scottish parliamentary election shall be conducted in accordance with the following Table—

Proceeding	Time
Publication of notice of election.	Not earlier than the thirty-fifth day before the date of the poll and not later than the twenty-eighth day before the date of the poll.
Delivery of nomination papers.	Not later than 4 pm on any day after the date of the publication of the notice of election but not later than the twenty-third day before the date of the poll.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but—
	(a)	no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and
	(b)	the foregoing provisions do not apply to objections made in pursuance of rule 21 or 22.
Delivery of notice of withdrawal of candidature.	Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated.	(a)	If no objections to nomination papers are made, at the close of the time for doing so, or
	(b)	if any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers.
Polling	Between the hours of 7 am and 10 pm on the date of the poll.

(2) In the Table in paragraph (1) a reference to “nomination papers” includes constituency nomination papers, individual nomination papers and regional lists.

Commencement Information

I1 Sch. 2 para. 1 in force at 16.12.2015 in accordance with art. 1(1)

[F1 Application of timetable where proceedings at a Scottish parliamentary election are postponed S

1A.— (1) Paragraph (2) applies where—

(a) a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

(b) the date of the poll has been postponed by proclamation under section 2(5) or section 3(2B) of the 1998 Act, and

(c) the date proposed by proclamation (“the new date”) is less than five days after the date of the poll specified in the notice of election.

(2) The CRO or RRO must—

(a) publish a notice stating that the date has changed and specifying the new date, and

(b) comply with the requirements of this schedule in accordance with the new date.

(3) Paragraphs (4) and (5) apply where—

(a) a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

(b) the date of the poll has been postponed by proclamation under section 2(5) or section 3(2B) of the 1998 Act, and

(c) the date proposed by proclamation (“the new date”) is five days or more after the date of the poll specified in the notice of election.

(4) The CRO or RRO must—

(a) publish a notice stating that the date has changed and specifying the new date, and

(b) comply with the requirements of this schedule in accordance with the new date.

(5) Notwithstanding sub-paragraph (4)(b), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the poll to be held on the new date.

(6) Paragraphs (7) and (8) apply where—

(a) the statement of persons nominated has been published in accordance with the timetable in rule 1 of this schedule, and

(b) the date of the poll has been postponed by proclamation under section 2(5) or section 3(2B) of the 1998 Act.

(7) The CRO or RRO must—

(a) publish a notice stating that the date has changed and specifying the new date,

(b) publish a new statement of persons nominated as candidates for return as a constituency member required by rule 18 or, as the case may be, statement of persons and parties nominated for return as regional members required by rule 19,

(c) publish a new notice of poll to accompany the statements of persons nominated as required by rule 33, and

(d) comply with the requirements of this schedule in accordance with the new date.

(8) Notwithstanding sub-paragraph (7)(b) to (d), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the postponed poll to be held on the new date.

(9) In this rule—

(a) “nomination papers” includes constituency nomination papers, individual nomination papers and regional lists,

(b) any reference to a period of time is to be interpreted in accordance with rule 2 (computation of time).

Textual Amendments

F1 Sch. 2 rules 1A, 1B inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 15(2) (with art. 1(2))

Use of printed election materials where proceedings at a Scottish parliamentary election are postponed. S

1B.   Where a Scottish parliamentary election has been postponed by proclamation under section 2(5) or section 3(2B) of the 1998 Act, the CRO or RRO may, as they see fit, make use of materials printed for use at the originally scheduled date in accordance with the rules provided in this schedule for the purposes of the new date.]

Textual Amendments

F1 Sch. 2 rules 1A, 1B inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 15(2) (with art. 1(2))

Computation of time S

2.  In computing any period of time for the purposes of the Table in rule 1(1)—

(a) a Saturday or Sunday;

(b) Christmas Eve, Christmas Day, Good Friday or Easter Monday;

(c) a day which is a bank holiday in Scotland under section 1 of the Banking and Financial Dealings Act 1971(1); or

(d) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a CRO be obliged to proceed with the counting of votes on such a day.

Commencement Information

I2 Sch. 2 para. 2 in force at 16.12.2015 in accordance with art. 1(1)

(1)

1971 c.80.