Voting etc.
Schedule 1: Further provision about voting in the referendum
Part 1: Manner of voting
24.Paragraph 1 of schedule 1 sets out the various ways to vote in the referendum, giving voters an entitlement to vote in person at polling stations unless they have opted to vote by post, in which case they may do so. A voter may also vote by using a proxy. Offences related to voting are set out in schedule 6.
25.Sub-paragraph (5) allows someone who is working for a counting officer or is a police constable on duty on the day when polling is taking place to vote at any polling station in the same local council area as the polling station at which they would normally vote (provided they have a certificate as described under rule 15(6) of schedule 2).
26.Sub-paragraph (6) allows voters who have been detained in a mental or psychiatric hospital to vote in person at the polling station, if they have permission from the hospital to do so, or to vote by post or proxy if they are entitled to do so. Sub-paragraph (6)(b) permits someone remanded in custody, and to whom section 7A of the Representation of the People Act 1983 applies, to vote only by post or proxy.
27.This Act uses the term ‘absent voter’ to describe both postal voters and proxy voters. The description of this term is provided in sub-paragraph (8) of paragraph 1. Paragraph 2 grants an absent vote in the referendum to postal and proxy voters already on the relevant lists for Scottish local government or Scottish Parliamentary elections. Such voters are referred to by virtue of sub-paragraphs (2) and (4) as existing postal voters and existing proxy voters.
28.Paragraph 3 deals with new applications for postal votes and proxy votes for the referendum from applicants who are already on, or have applied to be on, the register of electors, including those with anonymous entries. The ‘register of electors’ for the purposes of this Act means the register of local government electors. Applications must be accepted provided they are submitted before the cut-off date, which is 5pm on the sixth day before the date of the referendum (see paragraph 18(1)(a) of this schedule) and meet the requirements set out in this paragraph and paragraph 7. Paragraph 3 also deals with applications from existing postal voters to vote by proxy and existing proxy voters who wish to vote by post, and applications from existing postal voters to have their ballot paper sent to a different address.
29.Paragraph 4 places a requirement on electoral registration officers to keep absent voters lists that comprise a list of all those entitled to a postal vote in the referendum (the postal voters list) and all those entitled to a proxy vote (the list of proxies). Sub-paragraph (4) requires that where someone has an anonymous entry in the register of electors, any entry in the absent voter’s list should include only the person’s voter number. Sub-paragraph (5) requires electoral registration officers to notify anyone who is removed from either of these lists, where it is practicable to do so, with the reason for their removal.
30.Paragraph 5 sets out the requirements for someone who votes as proxy for another voter. The voter can have only one person appointed as proxy to vote for them. The proxy cannot be someone who would be below voting age on the date of the referendum, who would be subject to any other legal incapacity to vote, or who does not fulfil the citizenship qualifications for a local government election. The proxy must also be on the register of electors on the day of the poll. No one can vote as proxy for more than two people who are not their spouse, civil partner or other close family relation. If there is an existing proxy for a proxy voter, the existing proxy is taken to have been appointed as proxy to vote for that person in the referendum. There is a duty on the registration officer to make the appointment of a proxy provided the applicant is entitled to an absent vote and makes an application in accordance with paragraph 3, the nominated proxy is willing and able to be a proxy and the application meets the requirements set out in paragraph 7. These include provision of details of the person the applicant wishes to be appointed as their proxy. Sub-paragraph (11) allows a person to cancel the appointment of a proxy by giving notice to the registration officer, and provides that the appointment is automatically cancelled if a different person is appointed as a proxy for the voter.
31.Paragraph 6 sets out the requirements for voting as a proxy. The proxy can vote by post if they opt to have a postal vote, or they may vote at a polling station. Where someone has a proxy and the proxy opts to vote by post, the person who has the proxy is not allowed to apply for a ballot paper to vote at a polling station (other than a tendered ballot paper as described in rule 24 of schedule 2). They must rely on the proxy’s postal vote. However, where someone has a proxy and the proxy does not opt to vote by post, the person may vote at a polling station, provided they do so before a ballot paper has been issued to their proxy (see paragraph 1(4)). Sub-paragraph (6) requires that where someone applies to the registration officer to vote by post as a proxy for someone else, the application must be granted if they are an existing proxy voter for that person and the application meets the requirements of paragraph 7.
32.Sub-paragraph (7) places a requirement on electoral registration officers to keep a proxy postal voters list comprising existing proxies who opt to vote by post and those whose applications under sub-paragraph (6) have been granted. Sub-paragraph (9) requires that where a voter has an anonymous entry in the electoral register, any entry in the proxy postal voter’s list should include only the person’s voter number. The proxy may only vote by post if they are named on that list. Sub-paragraphs (10) and (11) require the registration officer to retain details (name, date of birth and signature) of those who have applied for proxy votes under this paragraph until one year after the date of the referendum.
33.Paragraph 7 sets out the requirements for applications:
From voters to vote by post.
From voters to vote by proxy.
From existing postal voters for their ballot paper to be sent to a different address.
From existing postal voters to vote by proxy.
From existing proxy voters to vote by post.
From voters wishing to appoint a proxy to vote for them.
From voters wishing to vote by post as proxy for someone else.
From proxies who wish to vote by post for their ballot paper to be sent to a different address.
34.Such applications must be made in writing before the cut-off date (paragraphs 7(2) and 18(1)). They must also include certain information such as the person’s name, date of birth and signature (unless a signature is not required due to a disability or inability to read or write), as set out in sub-paragraphs (3), (4) and (5). Sub-paragraph (7) sets out the requirements for the format of the applicant’s date of birth and signature on the application. Sub-paragraph (8) sets out the required details in relation to the person to be appointed as a voter’s proxy.
35.Sub-paragraphs (9) and (10) allow for emergency proxy applications, where someone becomes unable to vote in person at the polling station due to a disability, or reasons relating to the applicant’s occupation, service or employment that occurs after the cut-off date and that person wishes to appoint someone as their proxy. A person whose disability occurred before the cut-off date for a normal proxy vote but where their application cannot be reasonably made until after the cut-off, can also apply for an emergency proxy vote. An emergency proxy application may also be made by a patient in a mental hospital who is not a detained offender or on remand. Emergency proxy applications must be submitted before 5pm on the day of the poll.
36.Paragraph 8 sets out additional requirements for emergency proxy applications.
37.For proxies on the basis of disability, these are as follows:
The application must contain a statement of the date on which the applicant became aware of the reasons given for requiring a proxy.
If the disability occurred before the cut-off date for a normal proxy then an explanation of why they were unable to apply before the cut-off date must be provided.
Where the application is made on or after the fifth day before the poll, the application must be signed by someone who is 16 or over, knows the applicant, but is not related to the applicant (sub-paragraph (5)).
Under sub-paragraph (6), the person signing the application must certify that the reason given by the applicant, and the date on which it arose, is true to the best of their knowledge and belief.
The person signing the application must also give their name and address, and state that they meet the criteria set out in sub-paragraph (5).
38.Sub-paragraph (10) applies to emergency proxies on the grounds of occupation, service or employment. It sets out that the application should include the name of the applicant’s employer (if the applicant is an employee) or the details of the applicant’s occupation or service (if the applicant is not an employee), as well as the date on which the applicant became aware of the reasons given for needing an emergency proxy vote.
39.Sub-paragraphs (11) to (13) set out additional information that must be provided for emergency proxies on grounds of occupation or employment. These provisions do not apply to service voters.
Where the applicant is an employee, the application must be signed by their employer or another employee to whom the function is delegated by the employer.
Where the applicant is not an employee, the application must contain details of the applicant’s occupation or service and be signed by someone who is 16 or over, knows the applicant, but is not related to the applicant.
The person signing the application in accordance with sub-paragraph (11) must certify that the reason given by the applicant and the details given under sub-paragraph (10) are true to the best of their knowledge and belief.
The person signing the application in accordance with sub-paragraph (11) must also give their name and address. If the applicant is an employee, the person signing the application must state that they are the applicant’s employer or another employee to whom the function is delegated by the employer. If the applicant is not an employee, the person signing the application must state that they are 16 or over, know the applicant, and are not related to the applicant.
40.Sub-paragraph (14) sets out the definition of ‘related to’ and ‘service voter’.
41.Sub-paragraph (15) sets out days which are not to be included in the timetable.
42.Paragraph 9 places an obligation on electoral registration officers to notify applicants for a postal or proxy vote whether the application has been accepted or not, and to give a reason if the application is refused.
43.Paragraph 10 requires the registration officer to supply, on request, as many forms as reasonable to anyone wishing to use them in connection with registering to vote, or to applying for an absent vote, at the referendum. The forms must be free of charge. Paragraph 43 provides that the style of the form for applying for an absent vote is as prescribed by the Chief Counting Officer (CCO).
44.Paragraph 11 requires registration officers to keep a record of the dates of birth and signatures of voters who have applied for a postal or proxy vote. This information must be made available to the relevant counting officer as soon as possible after the cut-off date, which under paragraph 18(1)(b) is 5pm on the eleventh day before the date of the poll. This information is used by counting officers to verify postal voting statements returned along with postal votes.
45.Paragraph 12 states that any entry relating to a voter or proxy who has opted to vote by post should be marked with the letter ‘A’ on any list of voters provided for use at a polling station. This highlights the fact that the voter is an absent voter and is not entitled to vote in person.
46.Paragraph 13 deals with registration appeals made under existing legislation about registering on the electoral register under section 56 of the Representation of the People Act 1983. Sub-paragraph (1) states that until the appeal has been decided, any activity related to the referendum proceeds on the basis that there is no appeal. For example, if an individual is appealing against the registration officer refusing to register them, they are not entitled to a vote in the referendum.
47.Under sub-paragraph (2), if, when an appeal is decided it results in an alteration of the register of electors (which is usually carried out by means of a notice rather than by publication of a completely new register), any referendum-related activity should take place in light of the decision as represented by the notice. In other words, once the notice is issued the appeal decision should be acted upon, but until that point the appeal should be ignored.
Part 2: Registration
48.Part 2 of schedule 1 sets out the consequences of being registered to vote and the functions of registration officers.
49.Paragraph 14 prevents anyone who is registered in the electoral register (or who is on the list of proxies) from not being allowed to vote in the referendum on the grounds that they are ineligible to vote. However, if they are found later to be ineligible to vote, their vote can be rejected and they may be subject to pay a penalty for a voting offence. The effect of this is that if the person has an entry in the electoral register or on the list of proxies, the person is to be treated as being entitled to vote.
50.Paragraph 15 prevents any minor error, such as a spelling error, in the electoral register or any of the other relevant documents used in relation to voting in the referendum from hindering the use of that document.
51.Paragraph 16 requires registration officers to carry out their functions in accordance with any directions given by the CCO, which must in turn be in accordance with this Act and all other legislation which currently applies to registration officers (mostly they are regulated under the Representation of the People Act 1983, particularly as amended by the Representation of the People Act 2000). The CCO must consult the Electoral Commission before giving a direction to a registration officer. A local council may approve one or more deputy registration officers to carry out a registration officer’s duties and in that event the provisions of this Act apply to the deputy registration officer. Sub-paragraph (5) also requires councils to provide staff to a registration officer to enable the officer to fulfil their functions under this Act.
52.Under the provisions of paragraph 17, any alteration that is to be made to the electoral register within five days of the date of the referendum will have no effect in the referendum. Sub-paragraph (3) applies section 13B(2) to (6) of the Representation of the People Act 1983 to the referendum. The effect is that where an alteration is to take effect at least five days before the referendum but under the normal rules about alterations the notification would not be issued by that date, the registration officer must issue a notice of the alteration which takes effect on the day on which it is issued. This allows alterations to be made quickly so that counting officers are aware of every person who is entitled to vote.
53.Sub-paragraph (4) requires the electoral registration officer to provide two interim updates to the electoral register in the form of notices specifying the appropriate alterations in the register. Section 13B of the Representation of the People Act 1983 provides that in addition to the monthly alterations to the electoral register published under section 13A of that Act, where a poll is pending there is to be a further notice of alteration to the register published on the fifth or sixth day before the poll (the day being at the discretion of the registration officer). This ensures that there is a final update to the register which can be used for the poll.
54.However, there may be a significant period between the previous monthly notice of alteration and the final register. Postal ballots can only be sent to electors on the register, and therefore cannot be issued until an elector appears on the register or an alteration to it. Without interim publication dates newly registered voters could not be sent postal ballots until less than 5 days before the election. Sub-paragraph (4) requires that there should be two interim notices of alteration provided before the fifth day before the date of the referendum, the exact timing of which will be at the discretion of the registration officer following consultation with the counting officer. The additional notices of alteration will enable more postal ballot papers to be issued earlier.
55.Sub-paragraph (5) provides that Scottish Ministers may make regulations to modify sub-paragraphs (1), (3)(a) or (4)(d). This has the effect of allowing the deadline for registration for the poll to be moved. As set out in sub-paragraphs (6) and (7), the Scottish Ministers must consult the Electoral Commission before making these regulations, and the regulations are subject to the negative procedure.
56.Paragraph 18 defines the cut-off date as 5pm on the sixth day before the date of the referendum for applications for proxies under paragraphs 3(2) and 5(9), and 5pm on the eleventh day before the date of the referendum for all other cases in determining when certain things must be done for a voter to vote. Sub-paragraph (b) sets out the days that are not to be counted in working out the cut-off date: these include weekends, Christmas Eve and Christmas Day, Easter Monday and bank holidays in Scotland, and days of public thanksgiving and mourning.
Part 3: Postal voting: issue and receipt of ballot papers
57.Part 3 of Schedule 1 sets out the rules for the handling of postal ballot papers.
58.Paragraph 19 specifies that only the counting officer and their staff may be present at the issuing of postal ballot papers, though it protects the right of representatives of the Electoral Commission and accredited observers to attend. At the receipt of the postal ballot papers, counting officers and their staff may be present, along with the Commission’s representatives and observers. However, referendum agents and their nominated attendees (‘postal ballot agents’) may also attend at the receipt stage (the maximum number of attendees will be the same for each referendum agent and will be determined by the counting officer). Notice of the appointment of a postal ballot agent must be given to the counting officer in advance of the postal voters box being opened.
59.Paragraph 20 requires the counting officer to ensure that anyone attending the issue or receipt of ballot papers has been provided with a copy of the requirement of secrecy (and the offence and penalties for contravening that) as set out in paragraph 7 of schedule 6.
60.Paragraph 21 requires the counting officer to issue the postal ballot papers (and postal voting statements as referred to in rule 8(1)(b) of the conduct rules) as soon as practicable.
61.Paragraph 22 provides the rules for the issuing of postal ballot papers to the addresses shown on the postal voters or proxy postal voters lists. The voter number (as specified in the polling list) must be marked on the corresponding number list beside the unique identifying number of the ballot paper issued to that voter. A mark must also be made on the postal voters list or proxy postal voters list to denote that a ballot paper has been sent to that voter, although in order to preserve the secrecy of the vote, this must not show the particular ballot paper issued. The postal ballot paper and associated documents are to be sent to the address shown in the postal voters list or proxy postal voters list, with appropriate provision made where the person has an anonymous entry so that the existence of the anonymous entry is not disclosed.
62.Under paragraph 23 a counting officer must issue only one ballot paper to a voter with more than one entry in the postal voters list or proxy postal voters list.
63.Under paragraph 24 a counting officer must issue two envelopes to postal voters; an envelope marked “A” in which to put the completed ballot paper (‘the ballot paper envelope’); and an envelope marked “B” in which to return envelope A along with the postal voting statement.
64.Paragraph 25 requires the counting officer to seal the corresponding number lists in a packet after the issue of each batch of ballot papers, and to maintain the security of the marked postal voters list and proxy postal voters lists.
65.Paragraph 26 provides that all postage costs for postal ballot papers must be pre-paid for any address within the UK.
66.Paragraph 27 makes provision for a postal voter who accidentally spoils their ballot paper or postal voting statement to return them, along with the envelopes supplied, to the counting officer and to receive a replacement postal ballot pack. To receive a replacement ballot paper after 5pm on the day before the poll, the ballot pack must be returned in person.
67.The counting officer must, under sub-paragraphs (6) and (7), immediately cancel any returned postal ballot packs and put them into a sealed packet. Under sub-paragraph (9), the counting officer must keep a list of spoilt ballot papers detailing the name and number of the voter and the ballot paper number, and, where the postal voter is a proxy, their name and address.
68.Paragraph 28 allows a postal voter who has lost or has not received their postal ballot paper, postal voting statement or return envelopes to apply to the counting officer for a replacement in a similar way to that described in paragraph 27 of this Act. The counting officer may refuse to issue another postal ballot paper if the officer considers that it is reasonable for the voter to allow further time for the delivery of the documents.
69.Paragraph 29 provides for situations in which a postal ballot paper has been issued before an event happens which means that the postal ballot is no longer applicable, such as an application to vote instead by proxy being granted or a proxy being cancelled. The counting officer is required to cancel the previously issued documents (postal ballot paper and postal voting statement) to ensure that the postal ballot paper is to have no effect. The applicant is required to return the postal ballot paper and associated documents. The counting officer must seal these documents up in a separate packet and maintain a list of superseded ballot papers.
70.Paragraph 30 requires the counting officer to give at least 48 hours’ notice in writing to referendum agents of the opening of any postal ballot box and its contents. They must include details of the time and place and the number of postal ballot agents permitted.
71.Paragraph 31 requires the counting officer to provide separate boxes to collect covering envelopes and postal ballot papers, marked with their purpose and the name of the local government area. The box must be shown to any postal ballot agents to prove that it is empty before being locked and sealed by the counting officer (and any referendum agent or postal ballot agent who wishes to attach their own seal).
72.Sub-paragraph (5) requires the counting officer to provide separate containers for rejected votes, postal voting statements, ballot paper envelopes, rejected ballot paper envelopes, and votes rejected during the verification procedure.
73.Sub-paragraph (6) requires the counting officer to ensure the safety and security of all of the boxes described in this paragraph.
74.Paragraph 32 requires the counting officer to place any returned postal vote covering envelopes (and any other envelopes which contain a ballot paper, ballot paper envelope or postal voting statement) immediately into a postal voters box.
75.Sub-paragraphs (3) and (4) allow the counting officer to collect, or arrange to have collected, any postal ballot papers which have been delivered to polling stations. These should be contained in packets, sealed by the presiding officer and any polling agent who wishes to attach their own seal.
76.Paragraph 33 states that each postal voters box must be opened by the counting officer in front of any postal ballot agents in attendance. As long as one box remains sealed to receive covering envelopes until the close of poll, the counting officer may open the other boxes. The last postal voters box and the postal ballot box must be opened at the counting of the votes under the conduct rules.
77.Paragraph 34 requires the counting officer to count and record the number of covering envelopes in each opened box. The counting officer must then open each of the remaining covering envelopes, keeping the ballot papers face downwards. The counting officer must not be allowed to view the corresponding number list used at the issuing of the postal ballot papers.
78.Where the envelope is missing either a postal voting statement or ballot paper envelope (or, where there is no ballot paper envelope, is missing a ballot paper), the counting officer should mark the covering envelope ‘provisionally rejected’ and place it, with its contents attached, into the container for rejected votes.
79.Under sub-paragraph (7), where the envelope does contain a postal voting statement, the counting officer should mark the marked copy of the postal voters list or proxy postal voters list with a separate, clear mark, to highlight that the voter has returned their postal vote.
80.Sub-paragraph (9) requires the counting officer, once the last covering envelope has been opened, to make a sealed packet containing the marked postal voters list and proxy postal voters list.
81.Paragraph 35 allows anyone on the postal voters list or proxy postal voters list to request confirmation from the counting officer that their postal voting statement has been received and whether it has been provisionally rejected, at any time between the issuing of the postal ballots and the close of the poll.
82.Paragraph 36 sets out the procedure for verifying personal identifiers. The counting officer must determine whether the postal voting statement has been properly completed, including comparing the signature and date of birth on the postal voting statement with those contained in the record of personal identifiers. Votes rejected under this paragraph should be placed in the rejected votes (verification procedure) container. The postal ballot agents must be shown the postal voting statement and permitted to view the personal identifiers record, and may object to the decision, in which case the statement will be marked to show that the rejection was objected to.
83.The counting officer must then compare the numbers on the postal voting statements with those on the ballot paper envelopes. If the numbers match, the postal voting statements and ballot paper envelopes should be placed in their respective containers. Where they do not match, or where there is a valid postal voting statement but no ballot paper envelope, the counting officer should mark the documents ‘provisionally rejected’ and put them in the container for rejected votes.
84.Paragraph 37 requires the counting officer to open the ballot paper envelopes and place the ballot papers in the postal ballot box, except where the ballot paper envelope is empty, or where the number on the ballot paper does not match the number on the ballot paper envelope (in which case they should be marked ‘provisionally rejected’ and placed in the containers for rejected ballot paper envelopes or the container for rejected ballot papers respectively).
85.Paragraph 38 allows the counting officer to retrieve any cancelled ballot paper which has been placed in a postal voters box, postal ballot box or the container for ballot paper envelopes.
86.Paragraph 39 requires the counting officer to keep a list of the ballot paper numbers of any postal ballot paper which was received without a corresponding postal voting statement; and a separate list of the ballot paper numbers of any postal ballot papers which were not received with the corresponding postal voting statement.
87.Paragraph 40 provides that where a postal voting statement is received with no attached ballot paper, or vice versa, the counting officer should check to see whether the corresponding papers are included on either of the lists described above. If the papers can be matched, the counting officer must act as though the papers had not been marked ‘provisionally rejected’ and must treat the papers accordingly.
88.Paragraph 41 requires the counting officer, as soon as possible after the matching of papers, to make up separate sealed packets containing the contents of the containers of rejected votes, rejected ballot paper envelopes, the lists of spoilt, lost and superseded ballot papers, rejected votes (verification procedure) and postal voting statements (verification procedure) . Any document in those packets which has been marked as provisionally rejected is then deemed to be marked rejected.
89.Under paragraph 42, the counting officer is required to send all of the sealed packets to the proper officer of the local authority (along with the other documents to be sent as part of the conduct rules in schedule 2) with a description of the contents and date on each packet. The counting officer must also send a completed statement in the form prescribed by the CCO detailing the postal ballot papers issued, received, counted and rejected. A copy of this statement should be provided to the Electoral Commission. Where any papers are received too late to be included in the packs, the counting officer should package and send these separately.
90.Paragraph 43 allows the CCO to prescribe forms to be used for applying for an absent vote and the postal ballot paper statement. Where the forms are prescribed by the CCO, they may be used with such variations as circumstances require.
Part 4: Supply of register of local government electors etc.
91.Part 4 of schedule 1 deals with the supply of the register of electors and related documentation.
92.Paragraph 45 requires registration officers, at the request of the relevant counting officer, to supply to the counting officer the register of electors, any notices of alterations to the register of electors, and any record of anonymous entries. Counting officers may request as many copies as they reasonably require for the purposes of the referendum, and the copies must be provided free of charge. This includes a duty to supply up to two copies in data form. Counting officers should also be provided with as many free copies of the postal voters list, list of proxies and proxy postal voters list as they may reasonably require. Where any further notices of alterations are issued after the notices have been supplied, the duty extends to supplying those further notices. Anyone who receives a copy of a list under this paragraph is prohibited from supplying a copy, disclosing any of the information contained in it which is not also available in the edited copy of the local government register or making use of the information, except for the purposes of the referendum.
93.Paragraph 46 requires registration officers to supply a free copy of the latest version of the register of electors and any alterations, the postal voters list, the list of proxies, and the proxy postal voters list to the Electoral Commission (in data form unless a paper copy is requested). The registration officer must, on request, supply a further copy if the officer is satisfied that it is necessary to do so in the circumstances. The Electoral Commission and their staff are subject to restrictions around disclosing information contained in any of the documents. The Commission may, however, use the information contained in the register to fulfil their duties in relation to the permissibility of donors, and they may also publish anonymised voter information.
94.Paragraph 47 requires registration officers to supply to permitted participants in the campaign (as defined in schedule 3 paragraph 2) one copy of the full version of the local government register and any alterations, the postal voters list, the list of proxies, and the proxy postal voters list on their making a request in writing. The registration officer may, on request, supply a further copy if satisfied that it is necessary to do so in the circumstances. Unless otherwise requested, the copy must be supplied in data form. These copies are to be used only for the purposes of campaigning and complying with the controls on donations and regulated transactions in schedule 3. Permitted participants and their staff are subject to restrictions around disclosing information contained in any of the documents.
95.Paragraph 48 requires that copies of the register supplied under paragraphs 45, 46 or 47 are to contain the same information as in the register of electors, except for entries relating to person aged 16 or 17, where the dates on which they attain the age of 18 are to be omitted.
96.Paragraph 49 confirms that the duty on a registration officer under this schedule is a duty only to supply the data in the form in which the registration officer holds it, although they may supply it in any other form agreed with the recipient of the data.
97.Paragraph 50 is an additional general restriction on the use of registration documents by those other than those for whom they are intended (for the purposes of this paragraph, ‘registration documents’ means the register of electors, notices altering the register, record of anonymous entries, postal voters list, list of proxies, or proxy postal voters list), stating that any person who receives a copy of such a document must not supply any copies of that document, or disclose or make use of the information contained in it.
98.Paragraph 51 deals with offences in relation to disclosures of registration documents. A person is guilty of an offence if they breach any of the disclosure restrictions under this Part of the schedule (or if they are a supervisor of a person who does so and fail to take appropriate steps), unless they were under direction of a supervisor with whose instructions they complied, or unless they do not have such a supervisor and took all reasonable steps to prevent the breach. An offence under this paragraph carries a penalty, on summary conviction, of a fine of up to level 5 on the standard scale (£5,000 in January 2020).
99.Under paragraph 52, any person who holds a document supplied to a counting officer or a permitted participant under paragraphs 45 or 47 must securely destroy the document no later than one year after the referendum, unless the Court of Session or a sheriff principal orders otherwise. A person who fails to do so is guilty of an offence which carries a penalty, on summary conviction, of a fine of up to level 5 on the standard scale (£5,000 in January 2020).
Part 5: Supply of marked register of local government electors etc.
100.Part 5 of schedule 1 deals with the supply of marked polling lists (i.e. the polling lists which were annotated on the day of the poll to show which voters were provided with a ballot paper).
101.Paragraph 53 allows designated organisations to request the counting officer to supply them with a copy of the marked versions of the polling list, any notices setting out alterations to the polling list, the postal voters list, list of proxies, and proxy postal voters list. The request must be made for purposes in connection with the campaign in respect of the referendum, or of complying with the schedule 3 controls on donations and regulated transactions, and must state why the supply of unmarked copies would not be sufficient. If these purposes are satisfied the counting officer has a duty to supply the requested copies on payment of a fee. Copies supplied under this paragraph are subject to the same restrictions on security and use as unmarked copies.
102.Paragraph 54 sets out the fees to be paid in relation to the supply of copies under paragraph 53 of this Act.
