15.—(1) The constituency returning officer shall give not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened, to–
(a)each candidate for return as a constituency member; and
(b)except in each case of an election to fill a vacancy in the seat of a constituency member, each individual candidate for return as a regional member and the election agent for each registered party standing nominated.
(2) Such a notice shall specify–
(a)the time and place at which such an opening is to take place, and
(b)the number of agents a candidate may appoint under paragraph 5(2) above to attend each opening.
16.—(1) The constituency returning officer shall provide a separate ballot box for the reception of–
(a)the covering envelopes when returned by the postal voters (“postal voters' ballot box”); and
(b)postal ballot papers (“postal ballot box”).
(2) Each such ballot box shall be marked “postal voters' ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area for which the election is, or, as the case may be, the elections are, held.
(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.
(4) The constituency returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
(5) The constituency returning officer shall provide the following receptacles–
(a)the receptacle for rejected votes;
(b)the receptacle for declarations of identity;
(c)the receptacle for ballot paper envelopes; and
(d)the receptacle for rejected ballot paper envelopes.
(6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
17.—(1) The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
(2) Where an envelope, other than a covering envelope issued by the constituency returning officer–
(a)has been opened; and
(b)contains a ballot paper envelope, declaration of identity or ballot papers,
the first–mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.
18.—(1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of any agents, if in attendance.
(2) So long as the constituency returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.
(3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 54 of the Scottish Parliamentary Election Rules.
19.—(1) When a postal voters' ballot box is opened, the constituency returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope (including any envelope to which paragraph 17(2) above applies) separately.
(2) The procedure in paragraph 20 below applies where a covering envelope (including an envelope to which paragraph 17 (2) above applies) contains both–
(a)a declaration of identity; and
(b)a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).
(3) Where the covering envelope does not contain the declaration of identity separately, the constituency returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.
(4) Where a covering envelope does not contain both–
(a)a declaration of identity (whether separately or not); and
(b)a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers)
the constituency returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
20.—(1) The constituency returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his address (referred to as a “valid declaration of identity”).
(2) Where the constituency returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.
(3) Before placing the declaration in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.
(4) The constituency returning officer shall then compare the number (or numbers) on the declaration of identity against the number or (numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope in, respectively the receptacle for declarations of identity and the receptacle for ballot paper envelopes.
(5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under paragraph 19(3) above, he shall place–
(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity;
(b)in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”; and
(c)in the receptacle for declarations of identity, any declaration of identity not disposed of under sub paragraph (b) above.
(6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the constituency returning officer shall open the envelope.
(7) Where an envelope has been opened under paragraph 19(3) above or sub paragraph (6) above, the constituency returning office shall–
(a)place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;
(b)place in the receptacle for rejected votes any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”;
(c)place in the receptacle for rejected votes any declaration of identity marked “provisionally rejected” in respect of a ballot paper envelope–
(i)which does not contain a ballot paper; or
(ii)which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,
and shall indicate the missing ballot paper, where that is the case; and
(d)place in the receptacle for declarations of identity, any such declaration not disposed of under sub paragraph (b) or (c) above.
21.—(1) The constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
(2) He shall place–
(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;
(b)in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and
(c)in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper/or papers).
22.—(1) In respect of any election, the constituency returning officer shall keep two separate lists of rejected postal ballot papers.
(2) In the first list, he shall record the ballot paper number of any postal ballot paper which is not accompanied by a valid declaration of identity.
(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.
23.—(1) Where the constituency returning officer receives a valid declaration of identity without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he shall from time to time prior to the close of the poll, check the list kept under paragraph 22(2) above to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is (or are) entered in that list.
(2) Where the constituency returning officer receives a postal ballot paper without the declaration of identity relating to it, he may, at any time prior to the close of the poll, check the list kept under paragraph 22(3) above to see whether the number of that ballot paper is entered in that list.
(3) The constituency returning officer shall conduct the checks required by sub paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 52 of the Scottish Parliamentary Election Rules.
(4) Where the ballot paper number in the list matches the number of a valid declaration of identity or, as the case may be, a postal ballot paper, the constituency returning officer shall retrieve the relevant declaration or paper.
(5) The constituency returning officer shall then take the appropriate steps under this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.
24.—(1) As soon practicable after the completion of the procedure under paragraph 23(3) and (4) above, the constituency returning officer shall make up into separate packets the contents of–
(a)the receptacle of rejected votes;
(b)the receptacle of declarations of identity;
(c)the receptacle of rejected ballot paper envelopes; and
(d)the lists of spoilt and lost postal ballot papers,
and shall seal up such packets.
(2) Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.
25.—(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer–
(a)shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule; and
(b)shall, notwithstanding paragraphs 19 to 21 above, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
(2) Sub-paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2 above.
26.—(1) The constituency returning officer shall forward to the sheriff clerk at the same time as he forwards the documents mentioned in rule 68 of the Scottish Parliamentary Election Rules–
(a)any packets referred to in paragraphs 12, 13(6) and 24 above, subject to paragraph 25 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral ward for which the election (or elections) was (or were) held; and
(b)a completed statement in form W set out in the Appendix of the number of postal ballot papers issued.
(2) Where–
(a)any covering envelopes are received by the constituency returning officer after the close of the poll (apart from those delivered in accordance with Rule 52(1)(i) of the Scottish Parliamentary Election Rules);
(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or
(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued
the constituency returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub paragraph (1) above.
(3) Rules 67 and 68 of the Scottish Parliamentary Election Rules shall apply to any packet or document forwarded under this paragraph.
(4) A copy of the statement referred to in sub-paragraph (1)(b) above shall be provided by the constituency returning officer to the Secretary of State.