The Scottish Parliament (Elections etc.) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order revokes the Scottish Parliament (Elections etc.) Order 2002.

The main changes to the 2002 Order reflect the changes made by the Electoral Administration Act 2006 to introduce a system of anonymous registration of electors, to enhance anti-fraud measures and in respect of the system for regulation of parties and campaign expenditure.

Other, more minor, changes are required as a result of the Scottish Parliament (Constituencies) Act 2004, which made new provision in relation to the constituencies for the Scottish Parliament, and the Representation of the People (Scotland) (Amendment) Regulations 2006 which, inter alia, implemented provision relating to applications for an absent vote and regarding the conduct of absent voting.

The Electoral Commission has been consulted on the draft of this Order, as required by section 7 of the Political Parties, Elections and Referendums Act 2000.

Part I of the Order (articles 1, 2 and 3) contains general provisions concerning the commencement, citation and interpretation of the Order, and revocation of earlier Orders. The Order will not apply to any elections where the last date for the publication of the notice of that election precedes the date when the Order comes into force.

Part II of the Order (articles 4 to 32) makes provision about the franchise for the Scottish Parliament and the exercise of that franchise.

Part III of the Order (articles 33 to 82) deals with election campaigns and election expenses at Scottish Parliament elections. Changes have been made to the provisions relating to election expenses comparable to those made by the Electoral Administration Act 2006 for elections to the UK Parliament.

Part IV of the Order (article 83) along with Schedule 6, makes provision for legal proceedings.

Part V of the Order (articles 84 to 95) makes miscellaneous and supplementary provision. Article 93 gives returning officers a power to correct certain procedural errors, in line with the power given by the Electoral Administration Act 2006 to returning officers at UK Parliamentary elections.

Schedule 1 makes provision about the free supply and the sale of the register of local government electors to MSPs, their election agents and to candidates standing for election to the Scottish Parliament and also the election agents of registered political parties in respect of list MSP candidates. Provision has been included for the effects of anonymous registration of certain electors and to ensure updated information is available when persons become registered, or their registration details change, in the period shortly before a poll.

Schedule 2 contains the Scottish Parliamentary Election Rules. They are substantially in the same form as the earlier Rules set out in Schedule 2 to the 2002 Order. Alterations have been made to allow for electronic counting of votes (though to retain an ability to count votes manually if a returning officer wishes to run an election on that basis) and to remove the names of party list candidates from regional ballot papers. It will be possible (though not obligatory) for both the constituency and regional ballot papers to be printed on the same sheet.

Schedule 3 contains provision about absent voting. Changes have been made to provisions governing absent voting by persons with disabilities, to allow a greater variety of persons to attest applications for an absent vote by persons who cannot reasonably be expected to vote in person at a polling station.

Schedule 4 makes provision about the issue and receipt of postal ballot papers. Changes have been made to remove the need for witnessing of postal voting statements (which have replaced the former declarations of identity). Provision is also made to allow a postal elector or their proxy to seek confirmation that their returned vote has been received.

Schedule 5 makes provision for the combination of polls. In particular it deals with the combination of the poll at a Scottish parliamentary election with the poll at a Scottish local government election.

Schedule 6 applies, with modifications, provisions of the Representation of the People Act 1983 concerning legal proceedings, for the purposes of Scottish parliamentary elections.

Schedule 7 provides for the use of rooms in school premises and meeting rooms for election meetings.

The Appendix sets out forms for use at Scottish parliamentary elections.