The Scottish Parliament (Elections etc.) Order 2007

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 special lists

   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. Offences relating to applications for postal and proxy votes

   26. 29. Breach of official duty

   27. 30. Tampering with nomination papers, ballot papers etc

   28. 31. False statements in nomination papers etc.

   29. 32. Requirement of secrecy

4. PART III THE ELECTION CAMPAIGN

   1. 33. Appointment of election agent

   2. 34. Nomination of sub agent

   3. 35. Office of election agent

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

   5. 37. Expenses of constituency candidate

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

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

   8. 40. Expenses incurred otherwise than for election purposes

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

   10. 42. Limitation of election expenses: candidates

   11. 43. Time for sending in and paying claims

   12. 44. Disputed claims

   13. 45. Election agent’s claim

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

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

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

   17. 49. Where no return and declaration is needed

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

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

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

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

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

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

   24. 56. Inspection of returns and declarations: candidates

   25. 57. Meaning of Election Expenses

   26. 58. Election Expenses – list of matters and general exclusions

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

   28. 60. Right to send election address post free

   29. 61. Remuneration for free postal services provided

   30. 62. Broadcasting from outside United Kingdom

   31. 63. Broadcasting of local items during election period

   32. 64. Imitation poll cards and notifications

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

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

   35. 67. Disturbances at Scottish parliamentary election meetings

   36. 68. Officials not to act for candidates

   37. 69. Illegal canvassing by police officers

   38. 70. False statements as to candidates

   39. 71. Corrupt withdrawal from candidature

   40. 72. Payments for exhibition of election notices

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

   42. 74. Prohibition of paid canvassers

   43. 75. Providing money for illegal purposes

   44. 76. Bribery

   45. 77. Treating

   46. 78. Undue influence

   47. 79. Rights of creditors

   48. 80. Savings as to Scottish parliamentary elections

   49. 81. Interpretation of Part III

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

5. PART IV LEGAL PROCEEDINGS

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

6. PART V MISCELLANEOUS AND SUPPLEMENTAL

   1. 84. Vacancies: constituency seats

   2. 85. Vacancies: regional member seats

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

   4. 87. Dissolution of Parliament: minimum period

   5. 88. Advertisements

   6. 89. Forms and documents: variations and translations

   7. 90. Sending of applications, notices etc

   8. 91. Interference with notices etc

   9. 92. Premises used for election purposes

   10. 93. Correction of procedural errors

   11. 94. Effect of demise of the Crown

   12. 95. Consequential amendment

7. Signature

8. 1. SCHEDULE 1

      ELECTORS REGISTERS:

   2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. PART I Provisions as to time

      2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

      3. PART III CONTESTED ELECTIONS

      4. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

      5. PART V DISPOSAL OF DOCUMENTS

      6. PART VI DEATH OF CANDIDATE

      7. PART VII MISCELLANEOUS

   3. SCHEDULE 3

      ABSENT VOTING

   4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

   5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART I GENERAL

      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 14(1) OR (2)

      3. PART III MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2007 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)

   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

   8. APPENDIX OF FORMS

      ARRANGEMENT OF FORMS

9. Explanatory Note