The Scottish Parliament (Elections etc.) (Amendment) Order 2009

Contested elections

10.—(1) Schedule 2 is further amended as follows.

(2) In rule 28(3)(a) (regional ballot paper to contain names or descriptions of parties), for “or, as the case may be,” substitute “and, where applicable,” and omit “(being, in each case, the name or description by which that party wishes to be known for the purposes of the election)”.

(3) In rule 28(4) (order in which names or descriptions of parties and individual candidates are to appear on the regional ballot paper), omit “or, as the case may be, descriptions”.

(4) In rule 28(5) (placement of a registered party’s registered emblem), omit both occurrences of “or description”.

(5) Omit rules 28(7) (printing of regional and constituency ballot papers on same sheet) and 28(8) (layout where regional and constituency ballot papers printed on same sheet).

(6) In rule 30(1) (the official mark), omit from “, but at a Scottish parliamentary general election” to the end.

(7) In rule 38(1) (equipment of polling stations: ballot boxes), omit “if the constituency ballot paper and the regional ballot paper are not printed on the same sheet,”.

(8) In rule 38(13) (equipment of polling stations: notice describing method of voting), for “paragraphs (14) and (15)” substitute “paragraph (14)”.

(9) Omit rule 38(15) (equipment of polling stations: notice describing method of voting for combined constituency and regional ballot papers).

(10) In rule 46(1) (voting procedure: application for ballot papers), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.

(11) In rule 46(7) (voting procedure: marking of copy of register of electors), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.

(12) In rule 47(5) (marking of list of votes marked by the presiding officer), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.

(13) In rule 48(9) (marking of list of voters with disabilities assisted by companions), omit “if the constituency ballot paper and regional ballot paper are not printed on the same sheet,”.

(14) In rule 53(3) (the ballot paper account), for “if at a Scottish parliamentary general election the constituency ballot paper and regional ballot paper are not printed on the same sheet,” substitute “,except in the case of a poll to fill a vacancy in the seat of a constituency member,”.

(15) For rule 55(1)(a) (the count: opening ballot boxes and recording number of ballot papers), substitute the following—

“(a) in the presence of the counting agents appointed for the purposes of the election open each ballot box and count and record separately the number of constituency ballot papers and the number of regional ballot papers there are in each box;”.

(16) For rule 55(1)(c) (the count: recording returned postal ballot papers), substitute the following—

“(c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted.”.

(17) For rule 55(4) (the count: mixing of ballot papers), substitute the following—

“(4) The constituency returning officer shall not count the votes given on any ballot papers until—

(a) in the case of constituency postal ballot papers, they have been mixed with constituency ballot papers from at least one ballot box;

(b) in the case of constituency ballot papers from a ballot box, they have been mixed with constituency ballot papers from at least one other ballot box;

(c) in the case of regional postal ballot papers; they have been mixed with regional ballot papers from at least one ballot box; and

(d) in the case of regional ballot papers from a ballot box, they have been mixed with regional ballot papers from at least one other ballot box.”.

(18) Omit rule 58(2) (rejection of combined constituency and regional ballot papers).

(19) Omit rule 58(3) (checking of official mark or unique identifying mark).

(20) In rule 58(6) (recording of rejected ballot papers and objections), omit “or an electronic copy thereof”.