The Scottish Parliament (Elections etc.) Order 2015

Appointment of election agent S

32.—(1) Not later than the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, a person shall be named by, or on behalf of—

(a) each candidate for return as a constituency member;

(b) each individual candidate for return as a regional member; and

(c) each registered party submitting a regional list,

as the election agent for that candidate or, as the case may be, registered party in relation to that list and that person’s name and address shall be declared in writing by or on behalf of such a candidate or, in the case of a registered party, by the candidate who is highest in that party’s regional list, to the appropriate returning officer.

(2) Candidates for return as constituency members and individual candidates for return as regional members may name themselves as their own election agents.

(3) A candidate included on a registered party’s regional list may be named as election agent for that party in relation to that regional list.

(4) Where a candidate has been named (whether by the candidate or by another person) as an election agent the candidate shall, so far as circumstances admit, be subject to the provisions of this Order both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in the capacity as election agent.

(5) One election agent only shall be appointed for—

(a) each candidate for return as a constituency member;

(b) each individual candidate for return as a regional member;

(c) each registered party in relation to each regional list submitted by that party,

but the appointment, whether the election agent appointed be a candidate or not, may be revoked.

(6) If, whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and the new election agent’s name and address declared in writing to the appropriate returning officer.

(7) The declaration as an election agent of—

(a) a candidate of a person other than that candidate; or

(b) a registered party submitting a regional list, of a person other than a candidate on that list,

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by that person.

(8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address [F1 , unless a request is made by the election agent under paragraph (9)].

[F2 (9) A declaration under article 32(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address.

(10) A request under paragraph (9) must be granted by the returning officer where an alternative correspondence address has been provided.]

Textual Amendments

F1 Words in art. 32(8) inserted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 37(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

F2 Art. 32(9)(10) inserted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 37(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

Commencement Information

I1 Art. 32 in force at 16.12.2015 in accordance with art. 1(1)