Scottish Independence Referendum Act 2013

1Referendum on Scottish independence

2Those who are entitled to vote

3Declarations of local connection and service declarations: further provision

4Provision about voting etc.

5Chief Counting Officer

6Other counting officers

7Functions of the Chief Counting Officer and other counting officers

8Correction of procedural errors

9Expenses of counting officers

10Conduct rules

11Campaign rules

12Monitoring and securing compliance with the campaign rules

13Inspection of Electoral Commission’s registers etc.

14Campaign rules: general offences

15Campaign offences: summary proceedings

16Duty of court to report convictions to the Electoral Commission

Referendum agents

17Referendum agents

18Attendance of Electoral Commission at proceedings and observation of working practices

19Accredited observers: individuals

20Accredited observers: organisations

21Attendance and conduct of accredited observers

22Code of practice on attendance of observers

Information, guidance, advice and encouragement

23Information for voters

26Encouraging participation

Report on referendum

27Report on the conduct of the referendum

Electoral Commission: administrative provision

28Reimbursement of Commission’s costs

29Estimates of expenditure

30Maladministration

32Offences by bodies corporate etc.

Power to make supplementary etc. provision and modifications

33Power to make supplementary etc. provision and modifications

Legal proceedings

34Restriction on legal challenge to referendum result

Final provisions

35Interpretation

SCHEDULE 1Form of ballot paper

SCHEDULE 2Further provision about voting in the referendum

PART 1Manner of voting

1Manner of voting

2Existing absent voters

3Applications for absent vote

4Absent voters lists

6Voting as proxy

7Requirements as to applications

8Additional requirements as to certain applications to vote by proxy

9Grant or refusal of applications

11Personal identifiers record

12Marked lists for polling stations

PART 2Registration

14Effect of register

15Effect of misdescription

16Carrying out of registration functions

17Alterations in the register of electors

18Preparation of the Polling List

19The cut-off date

PART 3Postal voting: issue and receipt of ballot papers

20Persons entitled to be present at issue and receipt of postal ballot papers

21Notification of requirement of secrecy

22Time when postal ballot papers are to be issued

23Issue of postal ballot papers

24Refusal to issue postal ballot paper

26Sealing up of completed corresponding number lists and security of special lists

27Payment of postage on postal ballot papers

28Spoilt postal ballot papers

29Lost postal ballot papers

30Superseded postal ballot papers

31Notice of opening of postal ballot paper envelopes

32Boxes and receptacles

33Receipt of covering envelopes and collection of postal votes

34Opening of postal voters box

35Opening of covering envelopes

36Confirmation of receipt of postal voting statement

37Procedure in relation to postal voting statements

38Procedure in relation to postal voting statements: personal identifier verification

39Postal voting statements: additional personal identifier verification

40Opening of ballot paper envelopes

41Retrieval of cancelled postal ballot papers

42Lists of provisionally rejected postal ballot papers

43Checking of lists kept under paragraph 42

44Sealing of receptacles

45Forwarding of documents

46Power of Chief Counting Officer to prescribe

47Interpretation of Part

PART 4Supply of Polling List etc.

48Supply of free copy of Polling List etc. to counting officers

49Supply of free copy of Polling List etc. to Electoral Commission

50Supply of free copy of edited Polling List etc. to designated organisations

51Supply of free copy of register of local government electors etc. to permitted participants

52Supply of data

53General restriction on use of registration documents and information contained in them

54Offence in relation to disclosure of registration documents

55Destruction of copies of the Polling List etc.

PART 5Supply of marked Polling List etc.

56Supply of marked Polling List etc. to designated organisations

57Fee for supply of marked Polling List etc.

SCHEDULE 3Conduct rules

1Publication of notice of the referendum

2Hours of polling

4Printing of ballot papers

5The corresponding number list

6Security marking

7Use of schools and public rooms for polling and counting votes

8Postal ballot papers

9Provision of polling stations

10Appointment of presiding officers and clerks

11Issue of poll cards

12Loan of equipment for referendum

13Equipment of polling stations

14Appointment of polling and counting agents

15Admission to polling station

16Notification of requirement of secrecy

17Keeping of order in polling station

18Sealing of ballot boxes

19Questions to be put to voters

20Challenge of voter

21Voting procedure

22Votes marked by presiding officer

23Voting by persons with disabilities

24Tendered ballot papers

25Spoilt ballot papers

26Correction of errors on polling day

27Adjournment of poll in case of riot

28Procedure on close of poll

29Attendance at counting of votes

31Rejected ballot papers

32Counting the votes

33Decisions on ballot papers

35Declaration of result

36Sealing up of ballot papers

37Delivery of papers

38Retention and public inspection of papers

39Retention and public inspection of certifications

40Orders for production of documents

41Power of Chief Counting Officer to prescribe

SCHEDULE 4Campaign rules

PART 1Interpretation

1Interpretation of schedule

PART 2Permitted participants and designated organisations

2Permitted participants

3Further provision about declarations under paragraph 2

4Further provision about responsible persons

5Register of declarations under paragraph 2

6Designated organisations

7Applications for designation under paragraph 6

8Designated organisation’s right to use rooms for holding public meetings

9Supplementary provisions about use of rooms for public meetings

PART 3Referendum expenses

10Referendum expenses

11Expenses qualifying where incurred for referendum purposes

12Notional referendum expenses

13Restriction on incurring referendum expenses

14Restriction on payments in respect of referendum expenses

15Restriction on making claims in respect of referendum expenses

16Disputed claims

17Rights of creditors

18General restriction on referendum expenses

19Special restrictions on referendum expenses by permitted participants

20Referendum expenses incurred as part of common plan

21Returns as to referendum expenses

22Auditor’s report on return

23Delivery of returns to Electoral Commission

24Declaration of responsible person as to return under paragraph 21

25Public inspection of returns under paragraph 21

PART 4Publications

26Restriction on publication etc. of promotional material by central and local government etc.

27Details to appear on referendum material

28Display of advertisements

PART 5Control of donations

29Operation and interpretation of this Part

30Donations: general rules

32Payments etc. not to be regarded as donations

33Value of donations

34Prohibition on accepting donations from impermissible donors

35Acceptance or return of donations

36Return of donation where donor unidentifiable

37Forfeiture of donations made by impermissible or unidentifiable donors

38Evasion of restrictions on donations

39Statement of relevant donations

40Donations from permissible donors

41Donations from impermissible or unidentifiable donors

42Donation reports during referendum period

43Declaration of responsible person as to donation reports under paragraph 42

44Public inspection of donation reports under paragraph 42

PART 6Control of loans and credit

45Operation of Part

46Regulated transactions

47Valuation of regulated transaction

48Authorised participants

49Regulated transaction involving unauthorised participant

50Guarantees and securities: unauthorised participant

51Transfer to unauthorised participant invalid

54Statement of regulated transactions

55Identity of authorised participants

56Identity of unauthorised participants

57Details of transaction

59Total value of non-recordable transactions

60Transaction reports during referendum period

61Declaration of responsible person as to transaction reports under paragraph 60

62Public inspection of transaction reports under paragraph 60

63Non-disclosure with intent to conceal

64Proceedings under paragraphs 49 and 63

65Interpretation

SCHEDULE 5Campaign rules: investigatory powers of the Electoral Commission

1Power to require disclosure

2Inspection warrants

3Powers in relation to suspected offences or contraventions

4Court order for delivery of documents or provision of information etc.

5(1) This paragraph applies where the Electoral Commission have given...

6Retention of documents delivered under paragraph 4

7Power to make copies and records

8Authorisation to be in writing

9Documents in electronic form

10Legal professional privilege

11Admissibility of statements

13Guidance by Commission

14Information about use of investigatory powers in Commission’s report

15Interpretation

SCHEDULE 6Campaign rules: civil sanctions

PART 1Fixed monetary penalties

1Imposition of fixed monetary penalties

2Representations and appeals etc.

3Information to be included in notices under paragraph 2

5Fixed monetary penalties: criminal proceedings and conviction

PART 2Discretionary requirements

6Imposition of discretionary requirements

7Representations and appeals etc.

8Information to be included in notices under paragraph 7

9Discretionary requirements: criminal conviction

10Compliance and restoration certificates

11Failure to comply with discretionary requirements

PART 3Stop notices

13Imposition of stop notices

14Information to be included in stop notices

15Completion certificates

17Failure to comply with stop notice

PART 4Enforcement undertakings

18(1) This paragraph applies where— (a) the Electoral Commission have...

19Enforcement undertakings: further provision

20Compliance certificate

PART 5General and supplemental

22Combination of sanctions

23Withdrawal or variation of notice

24Use of statements made compulsorily

25Unincorporated associations

26Guidance as to enforcement

27Recovery of penalties etc.

28Payment of penalties etc into Scottish Consolidated Fund

29Reports on use of civil sanctions

30Disclosure of information

31Powers of sheriff

PART 6Interpretation

32In this schedule— “completion certificate” has the meaning given in...

PART 7Listed campaign offences

SCHEDULE 7Offences

2Other voting offences

3Imitation poll cards

4Offences relating to applications for postal and proxy votes

5Breach of official duty

6Tampering with ballot papers etc.

7Requirement of secrecy

8Prohibition on publication of exit polls

9Payments to voters for exhibition of referendum notices

11Undue influence

13Disturbances at public meetings

14Illegal canvassing by police officers

15Prosecutions for corrupt practices

16Prosecutions for illegal practices

17Conviction of illegal practice on charge of corrupt practice etc.

18Incapacity to hold public or judicial office in Scotland

19Prohibition of paid canvassers

20Providing money for illegal purposes

21Prosecutions for illegal employment or illegal payment

SCHEDULE 8Interpretation

Scottish Independence Referendum Act 2013

2013 asp 14

An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question about the independence of Scotland.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14 November 2013 and received Royal Assent on 17th December 2013