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

Stages common to contested and uncontested elections

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

(2) In rule 5(5)(a) (use of name of registered party as description on constituency nomination paper), add at the end “which may be preceded (disregarding, for this purpose, the word “the” where it is the first word of the registered name) by the word “Scottish” if that word is not used in the name so registered”.

(3) Omit rule 5(5)(b) (use of registered description on constituency nomination paper).

(4) After rule 5(5), insert—

“(5A) If any constituency nomination paper includes the name of a registered party that has been preceded by the word “Scottish” by virtue of paragraph 5(5)(a), then these Rules shall apply as if the name of the registered party of the relevant candidate included that word.”.

(5) In rule 7(2) (inclusion of name of registered party or registered description on regional list), for “or” where that word first appears substitute “and, if desired,”.

(6) In rule 7(2), for “name or description” substitute “name and, where applicable, description”.

(7) After rule 7(2) insert—

“(2A) The name of the registered party authorised by the nominating officer in accordance with paragraph (2) may be preceded (disregarding, for this purpose, the word “the” where it is the first word of the name) by the word “Scottish” if that word is not used in the name of the party registered under section 28 of the 2000 Political Parties Act.

(2B) If the name of any registered party authorised by the nominating officer has been preceded by the word “Scottish” in accordance with paragraph (2A), then these Rules shall apply as if the name of the registered party included that word.”.

(8) In rule 20(2) (order of names, etc. of parties and party candidates on statement of persons and parties nominated for return as regional members), for “or” substitute “and”.

(9) In rule 20(5) (order of names, etc. of individual candidates on statement of persons and parties nominated for return as regional members), for “names or descriptions” substitute “names and descriptions”.