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Referendums (Scotland) Act 2020

Annex A: Draft Timetable for a Referendum Based on the Provisions Set Out in the Referendums (Scotland) Act 2020

Campaign actionsPoll actionsReferenceTimescale
The application period (for applications to be a designated organisation)Schedule 3 paragraph 8(6)28 days ending at noon on the day before the first day of the decision period
The decision period (for determination of applications to be a designated organisationSchedule 3 paragraph 8(6)16 days ending with the 2nd day before the first day of the referendum period
Referendum periodSchedule 710 weeks ending with the day of the referendum
Publication of Notice of ReferendumSchedule 2 rule 1Not later than the 25th working day before the date of the referendum
Deadline for receipt by the Counting Officer (“CO”) of appointment of local referendum agent by permitted participantSection 19(3)Before noon on the 25th working day before the date of the referendum
Publication by CO of Notice of appointment of referendum agentsSection 19(6)As soon as practicable after notification of the appointments
Dispatch of poll cardsSchedule 2 rule 11As soon as practicable after the publication of the Notice of Referendum
Relevant period (also known as “purdah”)Schedule 3 paragraph 27(4)The period of 28 days ending with the date of the referendum
First issue of postal ballot packsSchedule 1 paragraph 21As soon as it is practicable to do so
Deadline for registration applicationsRepresentation of the People (Scotland) Regulations 2001, regulation 29(4)Midnight on the 12th working day before the date of the referendum
Deadline for receipt of postal and postal proxy vote applicationsSchedule 1 paragraphs 7(2) and 18(1)(b)5pm on the 11th working day before the date of the referendum
Deadline for CO to give notice to referendum agents of each opening of postal voters’ boxesSchedule 1 paragraph 30Not less than 48 hours’ notice in writing specifying the time and place and the number of agents that may attend.
Deadline for receipt by CO of appointment of postal ballot agentsSchedule 1 paragraph 19(5)No later than the time fixed for the opening of the postal voters’ box.
Deadline for receipt of ordinary proxy vote applications by the Electoral Registration Officer (ERO)Schedule 1 paragraph 7(2)(c) together with paragraph 18(1)(a)Before 5pm on the 6th working day before the date of the referendum
Deadline for receipt by the CO of notices of appointment of polling and counting agentsSchedule 2 rule 14(4)No later than the 5th working day before the date of the referendum
Day of Poll
Deadline for replacement of spoilt postal ballot packsSchedule 1 paragraph 27(3) and (8)5pm on the date of the referendum. Note that after 5pm on the day before the referendum the replacement can only be made by hand.
Deadline for receipt of emergency proxy applications by the ERO (attestation required)Schedule 1 paragraphs 7(9) & (10)5pm on the date of the referendum
Deadline for correction by the ERO of clerical errors on the Polling ListSchedule 2 rule 26 and schedule 1 paragraph 17(3)(d)9pm on the date of the referendum
Start of verification and countSchedule 2 rule 29(1) and (4)As soon as reasonably practicable after the close of the poll.
Declaration of local totals by COSchedule 2 rule 35(2)(a)When authorised by CCO.
Sealing up of ballot papers and related materialsSchedule 2 rule 36On the completion of counting
Delivery of referendum materials to proper officer of the councilSchedule 2 rule 37After sealing the materials
Publication of national result by CCOSchedule 2 rule 35(3)(b) and section 9(4)As soon as practicable after making the national certification
Permitted period for lodging of any petition for judicial review of the number of ballot papers counted or votes cast as certified by a CO or by the CCOSection 39The permitted period is the period of 8 weeks beginning with the day on which the CO or CCO makes the certification (or the last certification if more than one is made)
Last date for the delivery of returns of referendum expenses (less than £250,000) to the Electoral CommissionSchedule 3 paragraph 24 (3)Within the period of 3 months beginning with the end of the referendum period
Last date for the delivery of returns of referendum expenses (more than £250,000) to the Electoral CommissionSchedule 3 paragraph 24 (1)&(2)Within the period of 6 months beginning with the end of the referendum period
Period for retention and public inspection of papers held by the proper officer of the CouncilSchedule 2 Rule 38(1)The proper officer must retain for one year all papers received
Expiry of retention period when papers must be securely destroyedSchedule 2 rule 38(5)After the period of one year (unless a court order directs retention for longer)
Period for retention and public inspection of certifications (by COs and by the CCO) held by the CCOSchedule 2 rule 39(1)One year
Period for public inspection of expenses returns held by Electoral CommissionSchedule 3 paragraph 26(3)Two years from when each return is received by the Electoral Commission

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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