Parliamentary Voting System and Constituencies Act 2011

Action to be taken before poll

Corresponding number lists

6 (1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order.

(2) The function of the constituency returning officer under rule 29 of the Scottish Parliamentary Election Rules is to be carried out by the counting officer.

(3) If the counting officer thinks fit, the lists prepared under rule 29 of the Scottish Parliamentary Election Rules and rule 6 of the referendum rules may be combined in the form set out in Form 1 in Part 3 of this Schedule.

(4) In that case, this paragraph applies instead of—

(a) rule 6(2) of the referendum rules;

(b) rule 29(2) of the Scottish Parliamentary Election Rules.

7 (1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order.

(2) The counting officer must prepare a list under sub-paragraph (3) or (4) as the officer thinks fit.

(3) A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary Election Rules.

(4) A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions—

(a) rule 17(1) of the referendum rules;

(b) rule 38(1) of the Scottish Parliamentary Election Rules.

The list must be in the form set out in Form 1 in Part 3 of this Schedule.

(5) A list prepared under rule 29 of the Scottish Parliamentary Election Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph (3) or (4).

(6) A reference in an enactment to a list prepared under rule 29 of the Scottish Parliamentary Election Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 38(1) of those rules, as a reference to the list prepared under sub-paragraph (3) or (4).

(7) Where the counting officer prepares a list under sub-paragraph (4) in relation to ballot papers—

(a) the list prepared under rule 6 of the referendum rules must not include details relating to those ballot papers;

(b) a reference in an enactment to a list prepared under rule 6 of the referendum rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 17(1) of the referendum rules, as a reference to the list prepared under sub-paragraph (4).

Notice of polling stations

8 The functions of the constituency returning officer under rule 33(2) of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.

9 (1) The notice given by a constituency returning officer under rule 33(2) of the Scottish Parliamentary Election Rules must—

(a) state that the poll at the Scottish parliamentary election is to be taken together with the poll for the referendum;

(b) specify the relevant voting area.

(2) The notice given by a counting officer under rule 11(3) of the referendum rules must—

(a) state that the poll for the referendum is to be taken together with the polls for the relevant Scottish parliamentary election, and

(b) specify the relevant constituency.

Postal voting

10 (1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order.

(2) The functions of the constituency returning officer under rule 34 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.

(3) The form of postal voting statement to be issued to those entitled to vote by post in the referendum and in the Scottish parliamentary election must be in the form set out in Form 2 in Part 3 of this Schedule.

(4) Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form.

(5) The provisions are—

(a) rule 12(1)(b) of the referendum rules;

(b) rule 34(1) of the Scottish Parliamentary Election Rules.

11 (1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order.

(2) The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule.

(3) Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form.

(4) The form of postal voting statement to be issued to those entitled to vote in the Scottish parliamentary election must be in the form set out in Form 4 in Part 3 of this Schedule.

(5) Sub-paragraph (4) applies instead of the requirement in rule 34(1) of the Scottish Parliamentary Election Rules for a postal voting statement to be in a particular form.

Polling stations

12 The functions of the constituency returning officer under rule 35 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.

13 The referendum polling stations are to be used for the combined polls.

Appointment of presiding officers and clerks

14 The functions of the constituency returning officer under the following paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer—

(a) paragraph (1) so far as it relates to the appointment of presiding officers and clerks;

(b) paragraph (2).

Official poll cards

15 (1) If the counting officer thinks fit, the official poll cards used for the referendum and the Scottish parliamentary election may be combined.

(2) In that case, the forms required to be used for official poll cards for the referendum and election must be adapted in whatever manner seems necessary.

Equipment of polling stations

16 The functions of the constituency returning officer under rule 38 of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.

17 (1) If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the Scottish parliamentary election (in which case the requirement for separate ballot boxes in rule 38(1) of the Scottish Parliamentary Election Rules does not apply).

(2) Where separate ballot boxes are used, each must be clearly marked—

(a) to show whether it is for referendum ballot papers, constituency ballot papers or regional ballot papers, and

(b) to show the colour of ballot papers that should be placed in it.

Colour of ballot papers

18 The referendum ballot papers must be of a different colour from the colour of the constituency ballot papers or the regional ballot papers.

Form of corresponding number lists provided to polling stations

19 (1) If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 5 in Part 3 of this Schedule—

(a) rule 17(3)(d) of the referendum rules;

(b) rule 38(3)(d) of the Scottish Parliamentary Election Rules.

(2) In that case, this paragraph applies instead of the second sentence in rule 17(3) of the referendum rules.

Ballot paper displayed in polling stations

20 (1) The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum.

(2) The enlarged sample copy of the constituency ballot paper displayed at the polling station under rule 38(4)(a) of the Scottish Parliamentary Election Rules, and the enlarged sample copy of the regional ballot paper displayed under that rule, must be of the same colour as the actual ballot papers.

Guidance to be exhibited outside and inside polling stations

21 (1) A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited outside and inside every polling station.

(2) This paragraph applies instead of—

(a) rule 17(6) of the referendum rules;

(b) rule 38(11) of the Scottish Parliamentary Election Rules.

Guidance to be exhibited in each polling station compartment

22 (1) A notice in the form set out in Form 7 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station.

(2) This paragraph applies instead of—

(a) rule 17(7) of the referendum rules;

(b) rule 38(12) of the Scottish Parliamentary Election Rules.

Notice of appointment of polling and counting agents

23 A notice required to be given to a constituency returning officer under rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given instead to the counting officer.

Notification of requirement of secrecy

24 The functions of the constituency returning officer under rule 40(1) of the Scottish Parliamentary Election Rules are to be carried out by the counting officer.