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The Scottish Parliament (Elections etc.) Order 2002

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Revocations

    3. 3.Interpretation

  3. PART II THE FRANCHISE AND ITS EXERCISE

    1. 4.Registers of electors etc

    2. 5.Registration appeals

    3. 6.Polling districts and places at elections

    4. 7.Rules for Scottish parliamentary elections

    5. 8.Manner of voting at Scottish parliamentary elections

    6. 9.Absent vote at Scottish parliamentary elections for an indefinite or a particular period

    7. 10.Absent vote at a particular Scottish parliamentary election and absent voters' list

    8. 11.Proxies at Scottish parliamentary elections

    9. 12.Voting as proxy

    10. 13.Absent voting at elections: miscellaneous

    11. 14.Combination of polls

    12. 15.Constituency returning officers

    13. 16.Officers of councils to be placed at disposal of returning officers

    14. 17.Returning officers: discharge of functions

    15. 18.Returning officers: general

    16. 19.Payments by and to returning officers

    17. 20.Taxation of returning officer’s accounts

    18. 21.Loan of equipment for Scottish parliamentary elections

    19. 22.Effect of registers

    20. 23.Effect of misdescription

    21. 24.Discharge of registration duties

    22. 25.Payment of expenses of registration

    23. 26.Personation

    24. 27.Other voting offences

    25. 28.Breach of official duty

    26. 29.Tampering with nomination papers, ballot papers etc

    27. 30.Requirement of secrecy

  4. PART III THE ELECTION CAMPAIGN

    1. 31.Appointment of election agent

    2. 32.Nomination of sub agent

    3. 33.Office of election agent

    4. 34.Effect of default in election agent’s appointment

    5. 35.Expenses of constituency candidate

    6. 36.Payment of expenses through election agent: constituency and individual candidates

    7. 37.Expenses which may be paid otherwise than by election agent

    8. 38.Expenses incurred otherwise than for election purposes

    9. 39.Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members

    10. 40.Limitation of election expenses: candidates

    11. 41.Time for sending in and paying claims

    12. 42.Disputed claims

    13. 43.Election agent’s claim

    14. 44.Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    15. 45.Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members

    16. 46.Declarations as to election expenses: candidates on a registered party’s regional list

    17. 47.Where no return and declaration is needed

    18. 48.Penalty for failure as respects return of declarations

    19. 49.Penalty for sitting or voting where no return and declaration is transmitted

    20. 50.Authorised excuses for failure as to return and declarations

    21. 51.Court’s power to require information from election agent or sub agent

    22. 52.Duty of appropriate returning officer to forward returns and declarations to Electoral Commission

    23. 53.Publication of time and place of inspection of returns and declarations

    24. 54.Inspection of returns and declarations: candidates

    25. 55.Meaning of Election Expenses

    26. 56.Incurring of election expenses for purposes of article 55

    27. 57.Property, goods, services etc provided free of charge or at a discount

    28. 58.Right to send election address post free

    29. 59.Remuneration for free postal services provided

    30. 60.Broadcasting from outside United Kingdom

    31. 61.Broadcasting of local items during election period

    32. 62.Imitation poll cards and notifications

    33. 63.Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members

    34. 64.Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members

    35. 65.Disturbances at Scottish parliamentary election meetings

    36. 66.Officials not to act for candidates

    37. 67.Illegal canvassing by police officers

    38. 68.False statements as to candidates

    39. 69.Corrupt withdrawal from candidature

    40. 70.Payments for exhibition of election notices

    41. 71.Printer’s name and address on election publications

    42. 72.Prohibition of paid canvassers

    43. 73.Providing money for illegal purposes

    44. 74.Bribery

    45. 75.Treating

    46. 76.Undue influence

    47. 77.Rights of creditors

    48. 78.Savings as to Scottish parliamentary elections

    49. 79.Interpretation of Part III

    50. 80.Computation of time for purposes of Part III

  5. PART IV LEGAL PROCEEDINGS

    1. 81.Application of certain provisions for Scottish parliamentary elections

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 82.Vacancies: constituency seats

    2. 83.Vacancies: regional member seats

    3. 84.Modification of section 10 of the 1998 Act

    4. 85.Dissolution of Parliament: minimum period

    5. 86.Advertisements

    6. 87.Forms: variations

    7. 88.Sending of applications, notices etc

    8. 89.Interference with notices etc

    9. 90.Premises used for election purposes

    10. 91.Effect of demise of the Crown

    11. 92.Consequential amendment

  7. Signature

    1. SCHEDULE 1

      ELECTORS REGISTERS:

      1. 1.Supply of free copy of full register for electoral purposes

      2. 2.Supply of full register etc under paragraphs 3 and 4: general provisions

      3. 3.Supply of full register etc to elected representatives for electoral purposes and restrictions on use

      4. 4.Supply of full register etc to certain candidates and restrictions on use

    2. SCHEDULE 2

      SCOTTISH PARLIAMENTARY ELECTION RULES

      1. 1.Timetable

      2. 2.Timetable – Election to fill a vacancy in a constituency seat

      3. 3.Computation of time

      4. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

        1. Notice of election

          1. 4.Notice of election

        2. Nomination

          1. 5.Nomination of candidate for return as a constituency member

          2. 6.Nomination of individual candidate for return as a regional member

          3. 7.Nomination of candidates on a regional list

          4. 8.Constituency nomination papers: name of registered party

          5. 9.Nomination papers and regional lists: miscellaneous

          6. 10.Consent to nomination

          7. 11.Deposit

          8. 12.Place for delivery of constituency nomination papers

          9. 13.Place for delivery of individual nomination papers and regional lists

          10. 14.Right to attend nomination

          11. 15.Decisions as to validity of constituency nomination papers

          12. 16.Decisions as to validity of individual nomination papers

          13. 17.Decisions as to validity of regional lists and as to the validity of nominations included on such a list

          14. 18.Withdrawal of candidates

          15. 19.Publication of statement of persons nominated as candidates for return as a constituency member

          16. 20.Publication of statement of persons and parties nominated for return as regional members

          17. 21.Disqualification by Representation of the People Act 1981: candidates for return as constituency members

          18. 22.Disqualification by Representation of the People Act 1981: candidates for return as regional members

          19. 23.Adjournment of nomination proceedings in the case of riot

          20. 24.Method of election: candidates for return as constituency members

          21. 25.Method of election: candidates for return as regional members

      5. PART III CONTESTED ELECTIONS

        1. General Provisions

          1. 26.Poll to be taken by ballot

          2. 27.The ballot paper: constituency candidates

          3. 28.The ballot paper: regional candidates

          4. 29.Colour of ballot papers

          5. 30.The official mark

          6. 31.Prohibition of disclosure of vote

          7. 32.Use of schools and public rooms

        2. Action to be taken before the poll

          1. 33.Notice of poll

          2. 34.Postal ballot papers

          3. 35.Provision of polling stations

          4. 36.Appointment of presiding officers and clerks

          5. 37.Issue of official poll cards and notifications

          6. 38.Equipment of polling stations

          7. 39.Appointment of polling and counting agents

          8. 40.Notification of requirement of secrecy

        3. The Poll

          1. 41.Admission to polling station

          2. 42.Keeping of order in station

          3. 43.Sealing of ballot boxes

          4. 44.Questions to be put to voters

          5. 45.Challenge of voter

          6. 46.Voting procedure

          7. 47.Votes marked by presiding officer

          8. 48.Voting by persons with disabilities

          9. 49.Tendered ballot papers

          10. 50.Spoilt ballot papers

          11. 51.Adjournment of poll in case of riot

          12. 52.Procedure on close of poll

        4. Counting of votes

          1. 53.Attendance at counting of votes

          2. 54.The count

          3. 55.Re-count: constituency election

          4. 56.Re-count: regional votes in a constituency

          5. 57.Rejected ballot papers

          6. 58.Decisions on ballot papers

          7. 59.Equality of votes: election for return of constituency members

          8. 60.Conveying results of count etc. to regional returning officer

      6. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

        1. 61.Declaration of result: constituency members

        2. 62.Attendance at allocation of seats for regional members

        3. 63.Allocation of seats

        4. 64.Equality of votes at poll for return of regional members

        5. 65.Declaration of results: regional members

        6. 66.Return or forfeiture of deposit

      7. PART V DISPOSAL OF DOCUMENTS

        1. 67.Sealing up of ballot papers

        2. 68.Delivery of documents to the sheriff clerk

        3. 69.Orders for production of documents

        4. 70.Retention and public inspection of documents

      8. PART VI DEATH OF CANDIDATE

        1. 71.Countermand or abandonment of poll etc. on death of candidate

      9. PART VII MISCELLANEOUS

        1. 72.Return of members and record of returns etc.

    3. SCHEDULE 3

      ABSENT VOTING

      1. 1.General requirements for applications

      2. 2.Additional requirements for applications on grounds of physical incapacity

      3. 3.Additional requirements for applications based on occupation, service or employment

      4. 4.Additional requirements for applications for proxy votes in respect of a particular election

      5. 5.Additional requirements for applications for appointment of a proxy

      6. 6.Closing dates for applications

      7. 7.Grant or refusal of applications

      8. 8.Notice of appeal

      9. 9.Cancellation of proxy appointment

      10. 10.Inquiries by registration officer

      11. 11.Records and lists kept under articles 9, 10 and 12

      12. 12.Marked register for polling stations

    4. SCHEDULE 4

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

      1. 1.Interpretation

      2. Issue of postal ballot papers

        1. 2.Combination of polls

        2. 3.Form of declaration of identity

        3. 4.Persons entitled to be present at proceedings on issue of postal ballot papers

        4. 5.Persons entitled to be present at receipt of postal ballot papers

        5. 6.Notification of requirement of secrecy

        6. 7.Time when postal ballot papers are to be issued

        7. 8.Procedures on the issue of postal ballot papers

        8. 9.Refusal to issue postal ballot paper

        9. 10.Envelopes

        10. 11.Delivery of postal ballot papers

        11. 12.Sealing up of special lists and counterfoils

        12. 13.Spoilt postal ballot paper

        13. 14.Lost postal ballot paper

      3. Receipt of postal ballot papers

        1. 15.Notice of opening of postal ballot paper envelopes

        2. 16.Postal ballot boxes and receptacles

        3. 17.Receipt of covering envelope

        4. 18.Opening of postal voters' ballot box

        5. 19.Opening of covering envelopes

        6. 20.Procedure in relation to declarations of identity

        7. 21.Opening of ballot paper envelopes

        8. 22.Lists of rejected postal ballot papers

        9. 23.Checking of lists kept under paragraph 22

        10. 24.Sealing of receptacles

        11. 25.Abandoned poll

        12. 26.Forwarding of documents

    5. SCHEDULE 5

      COMBINATION OF POLLS

      1. PART 1 GENERAL

        1. 1.Returning officers and polling stations

        2. 2.Functions at combined polls

        3. 3.Modification of provisions about expenses in this Order and the 1983 Act

      2. PART II MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)

        1. 4.Modifications of the Scottish Parliamentary Election Rules: general provision

        2. 5.Rule 29 (colour of ballot papers)

        3. 6.Rule 33 (notice of poll)

        4. 7.Rule 37 (issue of official poll cards and notifications)

        5. 8.Rule 38 (equipment of polling stations)

        6. 9.Rule 39 (appointment of polling and counting agents)

        7. 10.Rule 44 (questions to be put to voters)

        8. 11.Rule 46 (voting procedure)

        9. 12.Rule 47 (votes marked by presiding officer)

        10. 13.Rule 48 (voting by persons with disabilities)

        11. 14.Rule 49 (tendered ballot papers)

        12. 15.Rule 51 (adjournment of poll in case of riot)

        13. 16.Rule 52 (procedure on close of poll)

        14. 17.Rule 53 (attendance at counting of votes)

        15. 18.Rule 54 (the count)

        16. 19.Rule 68 (delivery of documents to the sheriff clerk)

        17. 20.Rule 71 (countermand or abandonment of poll etc. on death of candidate)

        18. 21.Form of directions for the guidance of the voters in voting in Schedule 5

      3. PART III MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2002 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)

        1. 22.Modifications of the local elections rules: general provision

        2. 23.Rule 1 of the local elections rules (timetable)

        3. 24.Rule 13 of the local elections rules (the ballot papers)

        4. 25.Rule 17 of the local elections rules (notice of poll)

        5. 26.Rule 21 of the local elections rules (issue of official poll cards and notifications)

        6. 27.Rule 22 of the local elections rules (equipment of polling stations)

        7. 28.Rule 23 of the local elections rules (appointment of polling and counting agents)

        8. 29.Rule 28 of the local elections rules (questions to be put to voters)

        9. 30.Rule 30 of the local elections rules (voting procedure)

        10. 31.Rule 31 of the local elections rules (votes marked by presiding officer)

        11. 32.Rule 32 of the local elections rules (voting by persons with disabilities)

        12. 33.Rule 33 of the local elections rules (tendered ballot papers)

        13. 34.Rule 35 of the local elections rules (adjournment of poll in case of riot)

        14. 35.Rule 36 of the local elections rules (procedure on close of poll)

        15. 36.Rule 37 of the local elections rules (attendance at counting of votes)

        16. 37.Rule 38 of the local elections rules (the count)

        17. 38.Rule 45 of the local elections rules (delivery of documents)

        18. 39.Rule 48 of local elections rules (countermand or abandonment of poll on death of candidate)

        19. 40.Local elections rules: declaration of identity

        20. 41.Local elections rules: elector’s official poll card and notification

        21. 42.Local elections rules: declaration to be made by the companion of a voter with disabilities

    6. SCHEDULE 6

      LEGAL PROCEEDINGS

      1. PART I ELECTION OR RETURN OF CONSTITUENCY MEMBER

      2. PART II ELECTION OR RETURN OF REGIONAL MEMBER

    7. SCHEDULE 7

      USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

      1. 1.Use of rooms in school premises

      2. 2.Lists of rooms in school premises

      3. 3.Inspection etc. of lists

    8. APPENDIX OF FORMS

      ARRANGEMENT OF FORMS

  8. Explanatory Note

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