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The Scottish Parliament (Elections etc.) Order 1999

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II THE FRANCHISE AND ITS EXERCISE

    1. 3.Registers of electors etc.

    2. 4.Registration appeals

    3. 5.Polling districts and places at elections

    4. 6.Rules for Scottish parliamentary elections

    5. 7.Manner of voting at Scottish parliamentary elections

    6. 8.Absent vote at Scottish parliamentary elections for an indefinite period

    7. 9.Absent vote at a particular Scottish parliamentary election and absent voters list

    8. 10.Proxies at Scottish parliamentary elections

    9. 11.Voting as proxy

    10. 12.Absent voting at elections: miscellaneous

    11. 13.Combination of polls

    12. 14.Constituency returning officers

    13. 15.Officers of councils to be placed at disposal of returning officers

    14. 16.Returning officers: discharge of functions

    15. 17.Returning officers: general

    16. 18.Payments by and to returning officers

    17. 19.Taxation of returning officer’s accounts

    18. 20.Loan of equipment for Scottish parliamentary elections

    19. 21.Effect of registers

    20. 22.Effect of misdescription

    21. 23.Discharge of registration duties

    22. 24.Payment of expenses of registration

    23. 25.Personation

    24. 26.Other voting offences

    25. 27.Breach of official duty

    26. 28.Tampering with nomination papers, ballot papers etc.

    27. 29.Requirement of secrecy

  4. PART III THE ELECTION CAMPAIGN

    1. 30.Appointment of election agent

    2. 31.Nomination of sub-agent

    3. 32.Office of election agent

    4. 33.Effect of default in election agent’s appointment

    5. 34.Making of contracts

    6. 35.Expenses of registered political parties

    7. 36.Payment of expenses through election agent: constituency and individual candidates

    8. 37.Payment of expenses: registered political parties etc.

    9. 38.Candidate’s personal expenses, and petty expenses

    10. 39.Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members

    11. 40.Prohibition of expenses not authorised by election agent etc.: registered parties

    12. 41.Limitation of election expenses: candidates

    13. 42.Limitation of election expenses: registered political parties

    14. 43.Time for sending in and paying claims

    15. 44.Disputed claims

    16. 45.Election agent’s claim

    17. 46.Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    18. 47.Return as to election expenses: registered party

    19. 48.Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    20. 49.Declarations as to election expenses: registered political parties

    21. 50.Where no return and declaration is needed

    22. 51.Penalty for failure as respects return of declarations

    23. 52.Penalty for sitting or voting where no return and declaration is transmitted

    24. 53.Authorised excuses for failure as to return and declarations

    25. 54.Court’s power to require information from election agent or sub-agent

    26. 55.Publication of time and place of inspection of returns and declarations

    27. 56.Inspection of returns and declarations: candidates

    28. 57.Inspection of returns and declarations: registered political parties

    29. 58.Right to send election address post free

    30. 59.Broadcasting from outside United Kingdom

    31. 60.Imitation poll cards

    32. 61.Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

    33. 62.Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

    34. 63.Disturbances at Scottish parliamentary election meetings

    35. 64.Officials not to act for candidates

    36. 65.Illegal canvassing by police officers

    37. 66.No hiring of vehicles to convey voters

    38. 67.No payments for conveyance of voters

    39. 68.Provisions supplemental to articles 66 and 67

    40. 69.“Carriage” in articles 66 and 67

    41. 70.Access to polling place by sea

    42. 71.False statements as to candidates

    43. 72.Corrupt withdrawal from candidature

    44. 73.Premises not to be used as committee rooms

    45. 74.Payments for exhibition of election notices

    46. 75.Printer’s name and address on election publications

    47. 76.Prohibition of paid canvassers

    48. 77.Providing money for illegal purposes

    49. 78.Bribery

    50. 79.Treating

    51. 80.Undue influence

    52. 81.Rights of creditors

    53. 82.Savings as to Scottish parliamentary elections

    54. 83.Interpretation of Part III

    55. 84.Computation of time for purposes of Part III

  5. PART IV LEGAL PROCEEDINGS

    1. 85.Application of certain provisions for Scottish parliamentary elections

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 86.Vacancies: constituency seats

    2. 87.Vacancies: regional member seats

    3. 88.Modification of section 10 of the 1998 Act

    4. 89.Dissolution of Parliament: minimum period

    5. 90.Advertisements

    6. 91.Forms: variations

    7. 92.Sending of applications, notices etc.

    8. 93.Publication of documents

    9. 94.Interference with notices etc.

    10. 95.Premises used for election purposes

    11. 96.Effect of demise of the Crown

    12. 97.Supplementary, incidental and consequential provisions

  7. Signature

    1. SCHEDULE 1

      ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

      1. 1.Free copies of electors lists

      2. 2.Free copies of register etc.

      3. 3.Sales of lists and register

      4. 4.Supply of data

      5. 5.Supply of labels

      6. 6.Alterations to published register

      7. 7.Interpretation

    2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART I Provisions as to time

        1. 1.Timetable

        2. 2.Computation of time

      2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

        1. Notice of election

          1. 3.Notice of election

        2. Nomination

          1. 4.Nomination of candidate for return as a constituency member

          2. 5.Nomination of individual candidate for return as a regional member

          3. 6.Nomination of candidates on a regional list

          4. 7.Constituency nomination papers: name of registered party

          5. 8.Nomination papers and regional lists: miscellaneous

          6. 9.Consent to nomination

          7. 10.Deposit

          8. 11.Place for delivery of constituency nomination papers

          9. 12.Place for delivery of individual nomination papers and regional lists

          10. 13.Right to attend nomination

          11. 14.Decisions as to validity of constituency nomination papers

          12. 15.Decisions as to validity of individual nomination papers

          13. 16.Decisions as to validity of regional lists and as to the validity of nominations included on such a list

          14. 17.Withdrawal of candidates

          15. 18.Publication of statement of persons nominated as candidates for return as a constituency member

          16. 19.Publication of statement of persons and parties nominated for return as regional members

          17. 20.Disqualification by Representation of the People Act 1981: candidates for return as constituency members

          18. 21.Disqualification by Representation of the People Act 1981: candidates for return as regional members

          19. 22.Adjournment of nomination proceedings in the case of riot

          20. 23.Method of election: candidates for return as constituency members

          21. 24.Method of election: candidates for return as regional members

      3. PART III CONTESTED ELECTIONS

        1. General Provisions

          1. 25.Poll to be taken by ballot

          2. 26.The ballot paper: constituency candidates

          3. 27.The ballot paper: regional candidates

          4. 28.Colour of ballot papers

          5. 29.The official mark

          6. 30.Prohibition of disclosure of vote

          7. 31.Use of schools and public rooms

        2. Action to be taken before the poll

          1. 32.Notice of poll

          2. 33.Postal ballot papers

          3. 34.Provision of polling stations

          4. 35.Appointment of presiding officers and clerks

          5. 36.Issue of official poll cards

          6. 37.Equipment of polling stations

          7. 38.Appointment of polling and counting agents

          8. 39.Notification of requirement of secrecy

        3. The Poll

          1. 40.Admission to polling station

          2. 41.Keeping of order in station

          3. 42.Sealing of ballot boxes

          4. 43.Questions to be put to voters

          5. 44.Challenge of voter

          6. 45.Voting procedure

          7. 46.Votes marked by presiding officer

          8. 47.Voting by blind persons

          9. 48.Tendered ballot papers

          10. 49.Spoilt ballot papers

          11. 50.Adjournment of poll in case of riot

          12. 51.Procedure on close of poll

        4. Counting of votes

          1. 52.Attendance at counting of votes

          2. 53.The count

          3. 54.Re-count: constituency election

          4. 55.Re-count: regional votes in a constituency

          5. 56.Rejected ballot papers

          6. 57.Decisions on ballot papers

          7. 58.Equality of votes: election for return of constituency members

          8. 59.Conveying results of count etc. to regional returning officer

          9. 60.Declaration of result: constituency members

      4. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

        1. 61.Attendance at allocation of seats for regional members

        2. 62.Allocation of seats

        3. 63.Equality of votes at poll for return of regional members

        4. 64.Declaration of results: regional members

        5. 65.Return or forfeiture of deposit

      5. PART V DISPOSAL OF DOCUMENTS

        1. 66.Sealing up of ballot papers

        2. 67.Delivery of documents to the sheriff clerk

        3. 68.Orders for production of documents

        4. 69.Retention and public inspection of documents

      6. PART VI DEATH OF CANDIDATE

        1. 70.Countermand or abandonment of poll etc. on death of candidate

      7. PART VII MISCELLANEOUS

        1. 71.Return of members and record of returns etc.

    3. SCHEDULE 3

      ABSENT VOTING

      1. 1.General requirements for applications

      2. 2.Additional requirements for applicant no longer resident at qualifying address

      3. 3.Additional requirements for applications on grounds of physical incapacity

      4. 4.Additional requirements for applications based on occupation, service or employment

      5. 5.Additional requirements for applications in respect of a particular election

      6. 6.Additional requirements for applications for appointment of a proxy

      7. 7.Additional requirements for applications by proxies to vote by post at a particular election

      8. 8.Closing dates for applications

      9. 9.Grant or refusal of applications

      10. 10.Notice of appeal

      11. 11.Cancellation of proxy appointment

      12. 12.Inquiries by registration officer

      13. 13.Records and lists kept under articles 8, 9 and 11

      14. 14.Marked register for polling stations

      15. 15.Certificate of employment at an election

      16. 16.Transitional provision for absent voters

    4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

      1. 1.Interpretation

      2. Issue of postal ballot papers

        1. 2.Combination of polls

        2. 3.Form of declaration of identity

        3. 4.Persons entitled to be present at issue and receipt of postal ballot papers

        4. 5.Notification of requirement of secrecy

        5. 6.Notice of issue of postal ballot papers

        6. 7.Marking of postal ballot papers etc.

        7. 8.Refusal to issue postal ballot paper

        8. 9.Envelopes

        9. 10.Delivery of postal ballot papers to post office

        10. 11.Provision of postal voters' ballot box

        11. 12.Sealing up of special lists and counterfoils

        12. 13.Spoilt postal ballot paper

      3. Receipt of postal ballot papers

        1. 14.Receipt of covering envelope

        2. 15.Opening of postal voters' ballot box

        3. 16.Opening of covering envelopes

        4. 17.Sealing up of rejected votes and declarations of identity

        5. 18.Opening of ballot paper envelopes

        6. 19.Abandoned poll

        7. 20.Forwarding of documents

    5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART I GENERAL

        1. 1.Returning officers and polling stations

        2. 2.Functions at combined polls

        3. 3.Modification of provisions about expenses in this Order and the 1983 Act

      2. PART II MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 13(1) OR (2)

        1. 4.Modifications of the Scottish Parliamentary Election Rules: general provision

        2. 5.Rule 28 (colour of ballot papers)

        3. 6.Rule 32 (notice of poll)

        4. 7.Rule 36 (issue of official poll cards)

        5. 8.Rule 37 (equipment of polling stations)

        6. 9.Rule 38 (appointment of polling and counting agents)

        7. 10.Rule 43 (questions to be put to voters)

        8. 11.Rule 45 (voting procedure)

        9. 12.Rule 46 (votes marked by presiding officer)

        10. 13.Rule 47 (voting by blind persons)

        11. 14.Rule 48 (tendered ballot papers)

        12. 15.Rule 50 (adjournment of poll in case of riot)

        13. 16.Rule 51 (procedure on close of poll)

        14. 17.Rule 52 (attendance at counting of votes)

        15. 18.Rule 53 (the count)

        16. 19.Rule 67 (delivery of documents to the sheriff clerk)

        17. 20.Rule 70 (countermand or abandonment of poll etc. on death of candidate)

        18. 21.Form of directions for the guidance of the voters in voting in Schedule 5

      3. PART III MODIFICATIONS OF THE SCOTTISH LOCAL ELECTION RULES 1986 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 13(1) OR (2)

        1. 22.Modifications of the local election rules: general provision

        2. 23.Rule 1 of the local election rules (timetable)

        3. 24.Rule 13 of the local election rules (the ballot papers)

        4. 25.Rule 17 of the local election rules (notice of poll)

        5. 26.Rule 21 of the local election rules (issue of official poll cards)

        6. 27.Rule 22 of the local election rules (equipment of polling stations)

        7. 28.Rule 23 of the local election rules (appointment of polling and counting agents)

        8. 29.Rule 28 of the local election rules (questions put to voters)

        9. 30.Rule 30 of the local election rules (voting procedure)

        10. 31.Rule 31 of the local election rules (votes marked by presiding officer)

        11. 32.Rule 32 of the local election rules (voting by blind persons)

        12. 33.Rule 33 of the local election rules (tendered ballot papers)

        13. 34.Rule 35 of the local election rules (adjournment of poll in case of riot)

        14. 35.Rule 36 of the local election rules (procedure on close of poll)

        15. 36.Rule 37 of the local election rules (attendance at counting of votes)

        16. 37.Rule 38 of the local election rules (the count)

        17. 38.Rule 45 of the local election rules (delivery of documents)

        18. 39.Rule 48 of local election rules (countermand or abandonment of poll on death of candidate)

        19. 40.Local election rules: form of ballot paper

        20. 41.Local election rules: declaration of identity

        21. 42.Local election rules: elector’s official poll card

        22. 43.Local election rules: declaration to be made by the companion of a blind voter

    6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART I ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART II ELECTION OR RETURN OF REGIONAL MEMBER

    7. SCHEDULE 7

      USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

      1. 1.Use of rooms in school premises

      2. 2.Lists of rooms in school premises

      3. 3.Inspection etc. of lists

    8. SCHEDULE 8

      MODIFICATION OF ENACTMENTS

      1. PART I PUBLIC GENERAL ACTS

        1. Reserve Forces Act 1996 (c. 14)

          1. 1.In section 125(a) of the Reserve Forces Act 1996 (absence...

      2. PART II SUBORDINATE LEGISLATION

        1. The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)

          1. 2.In paragraph (2) of regulation 130 of the Local Government...

        2. Rules of the Court of Session 1994 (S.I. 1994/1443)

          1. 3.(1) In rule 69.1 of the Rules of the Court...

    9. APPENDIX OF FORMS

  8. Explanatory Note

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