The Scottish Parliament (Elections etc.) Order 2002

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement.

   2. 2. Revocations.

   3. 3. Interpretation.

3. PART II THE FRANCHISE AND ITS EXERCISE

   1. 4. Registers of electors etc.

   2. 5. Registration appeals.

   3. 6. Polling districts and places at elections.

   4. 7. Rules for Scottish parliamentary elections.

   5. 8. Manner of voting at Scottish parliamentary elections.

   6. 9. Absent vote at Scottish parliamentary elections for an indefinite or a particular period.

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

   8. 11. Proxies at Scottish parliamentary elections.

   9. 12. Voting as proxy.

   10. 13. Absent voting at elections: miscellaneous.

   11. 14. Combination of polls.

   12. 15. Constituency returning officers.

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

   14. 17. Returning officers: discharge of functions.

   15. 18. Returning officers: general.

   16. 19. Payments by and to returning officers.

   17. 20. Taxation of returning officer’s accounts.

   18. 21. Loan of equipment for Scottish parliamentary elections.

   19. 22. Effect of registers.

   20. 23. Effect of misdescription.

   21. 24. Discharge of registration duties.

   22. 25. Payment of expenses of registration.

   23. 26. Personation.

   24. 27. Other voting offences.

   25. 28. Breach of official duty.

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

   27. 30. Requirement of secrecy.

4. PART III THE ELECTION CAMPAIGN

   1. 31. Appointment of election agent.

   2. 32. Nomination of sub-agent.

   3. 33. Office of election agent.

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

   5. 35. Expenses of constituency candidate.

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

   7. 37. Expenses which may be paid otherwise than by election agent.

   8. 38. Expenses incurred otherwise than for election purposes.

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

   10. 40. Limitation of election expenses: candidates.

   11. 41. Time for sending in and paying claims.

   12. 42. Disputed claims.

   13. 43. Election agent’s claim.

   14. 44. Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

   15. 45. Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

   16. 46. Declarations as to election expenses: candidates on a registered party’s regional list.

   17. 47. Where no return and declaration is needed.

   18. 48. Penalty for failure as respects return of declarations.

   19. 49. Penalty for sitting or voting where no return and declaration is transmitted.

   20. 50. Authorised excuses for failure as to return and declarations.

   21. 51. Court’s power to require information from election agent or sub-agent.

   22. 52. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission.

   23. 53. Publication of time and place of inspection of returns and declarations.

   24. 54. Inspection of returns and declarations: candidates.

   25. 55. Meaning of election expenses.

   26. 56. Incurring of election expenses for purposes of article 55.

   27. 57. Property, goods, services etc provided free of charge or at a discount.

   28. 58. Right to send election address post free.

   29. 59. Remuneration for free postal services provided.

   30. 60. Broadcasting from outside United Kingdom.

   31. 61. Broadcasting of local items during election period.

   32. 62. Intimation poll cards and notifications.

   33. 63. Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members.

   34. 64. Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members.

   35. 65. Disturbances at Scottish parliamentary election meetings.

   36. 66. Officials not to act for candidates.

   37. 67. Ilegal canvassing by police officers.

   38. 68. False statements as to candidates.

   39. 69. Corrupt withdrawal from candidature.

   40. 70. Payments for exhibition of election notices.

   41. 71. Printer’s name and address on election publications.

   42. 72. Prohibition of paid canvassers.

   43. 73. Providing money for illegal purposes.

   44. 74. Bribery.

   45. 75. Treating.

   46. 76. Undue influence.

   47. 77. Rights of creditors.

   48. 78. Savings as to Scottish parliamentary elections.

   49. 79. Interpretation of Part III.

   50. 80. Computation of time for purposes of Part III.

5. PART IV LEGAL PROCEEDINGS

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

6. PART V MISCELLANEOUS AND SUPPLEMENTAL

   1. 82. Vacancies: constituency seats.

   2. 83. Vacancies: regional member seats.

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

   4. 85. Dissolution of Parliament: minimum period.

   5. 86. Advertisements.

   6. 87. Forms: variations.

   7. 88. Sending of applications, notices etc.

   8. 89. Interference with notices etc.

   9. 90. Premises used for election purposes.

   10. 91. Effect of demise of the Crown.

   11. 92. Consequential amendment.

7. Signature

8. SCHEDULES

   1. Schedule 1

      Electors registers: miscellaneous and related provisions.

   2. Schedule 2

      Scottish Parliamentary Election Rules.

   3. Schedule 3

      Absent voting.

   4. Schedule 4

      Issue and receipt of postal ballot papers.

   5. Schedule 5

      Combination of Polls.

   6. Schedule 6

      Legal Proceedings.

   7. Schedule 7

      Use for election meetings of rooms in school premises and of meeting rooms.

   8. APPENDIX OF FORMS

      FORMS A TO Y

9. Explanatory Note