The Scottish Parliament (Elections etc.) (Amendment) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Scottish Parliament (Elections etc.) Order 1999 (“the 1999 Order”). The amendments are needed as a consequence of changes made by the Representation of the People Act 2000, the Political Parties, Elections and Referendums Act 2000, the Postal Services Act 2000 and the Representation of the People (Scotland) Regulations 2001.

The main changes to the 1999 Order result from the introduction by the Representation of the People Act 2000 of a new system of “rolling registration”. Under this system the register of local government electors continues in force indefinitely (although revised versions of it will be produced at least once a year). This contrasts with the previous system under which the register remained in force for one year and was compiled by reference to residence on a qualifying date.

As eligibility to vote at elections for membership of the Scottish Parliament depends on registration in the register of local government electors, amendment of the 1999 Order is necessary to reflect, and take account of, the changes made by the recent primary and subordinate legislation.

The main changes concern–

(a) absent voting (articles 6 and 7), amending articles 8 and 9 of the 1999 Order;

(b) voting by proxy (articles 8 and 9), amending articles 10 and 11 of the 1999 Order;

(c) the effect of registration (article 10), amending article 21 of the 1999 Order;

(d) election expenses (articles 12 and 13), amending articles 35, 41, 43, 53 and 54, and omitting articles 37, 40, 42, 47, 49 and 57, of the 1999 Order;

(e) provision and sale of the register (article 17), amending Schedule 1 to the 1999 Order;

(f) changes to the Scottish Parliamentary Election Rules (article 18(7) to (11)), amending Schedule 2 to the 1999 Order;

(g) absent voting (article 19), amending Schedule 3 to the 1999 Order in respect of absent voting, whether by post or by proxy, for an indefinite or particular period, or for a particular election;

(h) issue and receipt of postal ballot papers (article 20), amending Schedule 4 to the 1999 Order;

(i) amendment of Schedule 6 to the 1999 Order (article 21) which applies, to the election or return of a constituency or regional member of the Scottish Parliament, the provisions of the Representation of the People Act 1983 on legal proceedings; and

(j) amendment of Forms G, V, P, AA, AB and AC set out in the Appendix to the 1999 Order (article 22 and the Schedule to this Order).

Other changes are made to take account of the establishment of the Electoral Commission and the different provisions about the registration of political parties and election campaigns made by the Political Parties, Elections and Referendums Act 2000. These are–

(k) the requirement for the Secretary of State to act only in accordance with and on the recommendation of the Electoral Commission (article 11), amending article 23 of the 1999 Order;

(l) the duty on returning officers to forward returns and declarations to the Electoral Commission (article 14) inserting a new article, 54A, in the 1999 Order, and

(m) amendment of the requirements of the Scottish Parliamentary Election Rules (set out in Schedule 2 to the 1999 Order) on nominations of candidates as constituency or regional members (article 18(2) to (6)).

Articles 2, 27, 58 and Schedules 2 and 4 of the 1999 Order are also amended by paragraph 131 of Schedule 1, and by Schedule 2, to the Postal Services Act 2000 (Consequential Modifications No. (1) Order 2001 as a consequence of the changes made by that Act.