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Introductory Text
PART 1 GENERAL
1.Citation, commencement, transitional and saving provisions
2.Interpretation
PART 2 THE FRANCHISE AND ITS EXERCISE
3.Supply of electoral registers
4.Absent voting appeals
5.Polling districts and places at elections
6.Rules for Scottish parliamentary elections
7.Manner of voting at Scottish parliamentary elections
8.Absent vote at Scottish parliamentary elections for an indefinite or a particular period
9.Absent vote at a particular Scottish parliamentary election and special lists
10.Proxies at Scottish parliamentary elections
11.Voting as proxy
12.Absent voting at elections: miscellaneous
13.Combination of polls
14.Constituency returning officers
15.Officers of local authorities to be placed at disposal of returning officers
16.Returning officers: discharge of functions
17.Returning officers: general
18.Payments by and to returning officers
19.Taxation of returning officer’s account
20.Loan of equipment for Scottish parliamentary elections
21.Effect of registers
22.Effect of misdescription
23.Discharge of registration duties
24.Payment of expenses of registration duties
25.Personation
26.Other voting offences
27.Offences relating to applications for postal and proxy votes
28.Breach of official duty
29.Tampering with nomination papers, ballot papers etc.
30.False statements in nomination papers etc.
31.Requirement of secrecy
PART 3 THE ELECTION CAMPAIGN
32.Appointment of election agent
33.Appointment of sub-agent
34.Office of election agent
35.Effect of default in election agent’s appointment
36.Control of donations to candidates
37.Expenses of constituency candidate
38.Payment of expenses through election agent: constituency and individual regional candidates
39.Expenses which may be paid otherwise than by election agent
40.Expenses incurred otherwise than for election purposes
41.Prohibition of expenses not authorised by election agent: constituency and individual regional candidates
42.Limitation of election expenses: constituency and individual regional candidates
43.Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections
44.Time for sending in and paying claims
45.Disputed claims
46.Election agent’s claim
47.Return as to election expenses: constituency and individual regional candidates
48.Declarations as to election expenses: constituency and individual regional candidates
49.Declarations as to election expenses: candidates on a registered party’s regional list
50.Where no return and declaration is needed
51.Penalty for failure as respects return of declarations
52.Penalty for sitting or voting where no return and declaration is transmitted
53.Authorised excuses for failure as to return and declarations
54.Court’s power to require information from election agent or sub-agent
55.Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
56.Publication of time and place of inspection of returns and declarations
57.Inspection of returns and declarations: candidates
58.Meaning of “election expenses”
59.Election expenses — list of matters and general exclusions
60.Property, goods, services etc. provided free of charge or at a discount
61.Right to send election address post free
62.Remuneration for free postal services provided
63.Imitation poll cards and notifications
64.Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
65.Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
66.Disturbances at Scottish parliamentary election meetings
67.Officials not to act for candidates
68.Illegal canvassing by police officers
69.False statements as to candidates
70.Corrupt withdrawal from candidature
71.Payments for exhibition of election notices
72.Details to appear on election publications
73.Prohibition of paid canvassers
74.Providing money for illegal purposes
75.Bribery
76.Treating
77.Undue influence
78.Rights of creditors
79.Savings as to Scottish parliamentary elections
80.Interpretation of Part 3
81.Computation of time for purposes of Part 3
PART 4 LEGAL PROCEEDINGS
82.Application of certain provisions for Scottish parliamentary elections
PART 5 MISCELLANEOUS AND SUPPLEMENTAL
83.Vacancies: constituency seats
84.Dissolution of Parliament: minimum period
85.Advertisements
86.Forms and documents: variations and translations
87.Sending of applications, notices etc.
88.Interference with notices etc.
89.Premises used for election purposes
90.Correction of procedural errors
91.Effect of demise of the Crown
92.Consequential amendment
93.Revocations
Signature
SCHEDULE 1
SUPPLY OF ELECTORAL REGISTERS
1.Supply of free copy of full register for electoral purposes
2.Supply of full register etc. under paragraphs 3 and 4: general provisions
3.Supply of full register etc. to elected representatives for electoral purposes and restrictions on use
4.Supply of full register etc. to certain candidates and restrictions on use
5.Meaning of “edited register” and “registration area”
6.Information about persons aged under 16
SCHEDULE 2
SCOTTISH PARLIAMENTARY ELECTION RULES
PART 1 PROVISIONS AS TO TIME
1.Timetable
2.Computation of time
PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
3.Notice of election
Nomination
4.Nomination of candidate for return as a constituency member
5.Nomination of individual candidate for return as a regional member
6.Nomination of candidates on a regional list
7.Constituency nomination papers: name of registered party
8.Nomination papers and regional lists: miscellaneous
9.Consent to nomination
10.Deposit
11.Place for delivery of constituency nomination papers
12.Place for delivery of individual nomination papers and regional lists
13.Right to attend nomination
14.Decisions as to validity of constituency nomination papers
15.Decisions as to validity of individual nomination papers
16.Decisions as to validity of regional lists and as to the validity of nominations included on such a list
17.Withdrawal of candidates
18.Publication of statement of persons nominated as candidates for return as a constituency member
19.Publication of statement of persons and parties nominated for return as regional members
20.Correction of minor errors
21.Disqualification by Representation of the People Act 1981: candidates for return as constituency members
22.Disqualification by Representation of the People Act 1981: candidates for return as regional members
23.Adjournment of nomination proceedings in the case of riot
24.Method of election: candidates for return as constituency members
25.Method of election: candidates for return as regional members
PART 3 CONTESTED ELECTIONS
General Provisions
26.Poll to be taken by ballot
27.The ballot paper: constituency candidates
28.The ballot paper: regional candidates
29.Corresponding number list
30.The official mark
31.Prohibition of disclosure of vote
32.Use of schools and public rooms
Action to be taken before the poll
33.Notice of poll
34.Postal ballot papers
35.Provision of polling stations
36.Appointment of presiding officers and clerks
37.Issue of official poll cards
38.Equipment of polling stations
39.Appointment of polling and counting agents
40.Notification of requirement of secrecy
The Poll
41.Admission to polling station
42.Keeping of order in station
43.Sealing of ballot boxes
44.Questions to be put to voters
45.Challenge of voter
46.Voting procedure
47.Votes marked by presiding officer
48.Voting by persons with disabilities
49.Tendered ballot papers
50.Spoilt ballot papers
51.Correction of errors on day of poll
52.Adjournment of poll in case of riot
53.Procedure on close of poll
Counting of votes
54.Attendance at counting of votes
55.The count
56.Re-count: constituency election
57.Re-count: regional votes in a constituency
58.Rejected ballot papers
59.Decisions on ballot papers
60.Equality of votes: election for return of constituency members
61.Conveying results of count etc. to RRO
PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
62.Declaration of result: constituency members
63.Attendance at allocation of seats for regional members
64.Allocation of seats
65.Declaration of results: regional members
66.Return or forfeiture of deposit
PART 5 DISPOSAL OF DOCUMENTS
67.Sealing up of ballot papers
68.Retention of documents by CRO
69.Orders for production of documents and records
70.Retention and public inspection of documents
PART 6 DEATH OF CANDIDATE
71.Constituency election: death of independent candidate
72.Constituency election: deceased independent candidate wins
73.Constituency election: deceased independent candidate with equality of votes
74.Constituency election: death of party candidate
75.Regional election: death of candidate
76.Abandoned poll
PART 7 MISCELLANEOUS
77.Return of members and record of returns etc.
SCHEDULE 3
ABSENT VOTING
1.General requirements for applications
2.Checking of signatures
3.Provision of fresh signatures
4.Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)
5.Additional requirements for applications for proxy vote on grounds of disability
6.Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course
7.Additional requirements for applications for a proxy vote in respect of a particular election
8.Additional requirements for applications for appointment of a proxy
9.Closing dates for applications
10.Grant or refusal of applications for a postal or proxy vote
11.Notice of appeal
12.Cancellation of proxy appointment
13.Inquiries by registration officer about postal and proxy voters
14.Requirement to provide fresh signatures at five yearly intervals
15.Absent voting lists: form
16.Absent voting lists: supply of copies, etc.
17.Absent voting lists: inspection
18.Supply and inspection of absent voting lists: general provisions
19.Conditions on the use, supply and inspection of absent voter lists
20.(1) This paragraph applies to any person who has obtained...
21.Supply and inspection of absent voting lists: offences
22.The personal identifiers record
23.Use of personal identifier information
24.Marked register for polling stations
25.Notification of a rejected postal voting statement
SCHEDULE 4
ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
1.Interpretation
2.Combination of polls
3.Form of postal voting statement
4.Persons entitled to be present at proceedings on issue of postal ballot papers
5.Persons entitled to be present at receipt of postal ballot papers
6.Notification of requirement of secrecy
7.Time when postal ballot papers are to be issued
8.Procedures on the issue of postal ballot papers
9.Refusal to issue postal ballot paper
10.Envelopes
11.Delivery of postal ballot papers
12.Security of marked lists
13.Spoilt ballot paper
14.Lost postal ballot paper
15.Cancellation of postal ballot papers
16.Notice of opening of postal ballot paper envelopes
17.Postal ballot boxes and receptacles
18.Receipt of covering envelope and collection of postal votes
19.Opening of postal voters’ ballot box
20.Opening of covering envelopes
21.Confirming receipt of postal votes and postal voting statements
22.Procedure in relation to postal voting statements: personal identifier verification
23.Opening of ballot paper envelopes
24.Retrieval of cancelled postal ballot papers
25.Lists of rejected postal ballot papers
26.Checking of lists kept under paragraph 25
27.Sealing of receptacles
28.Abandoned poll
29.Retention of documents by CRO
30.Forwarding of a rejected ballot paper list by CRO
SCHEDULE 5
COMBINATION OF POLLS
PART 1 GENERAL
1.Returning officers and polling stations
2.Functions at combined polls
3.Modification of provisions about expenses in this Order and the 1983 Act
PART 2 MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES
4.Modifications of the Scottish Parliamentary Election Rules: general provision
5.Colour of ballot papers where polls combined
6.Rule 33 (notice of poll)
7.Rule 37 (issue of official poll cards)
8.Rule 38 (equipment of polling stations)
9.Rule 39 (appointment of polling and counting agents)
10.Rule 44 (questions to be put to voters)
11.Rule 46 (voting procedure)
12.Rule 47 (votes marked by presiding officer)
13.Rule 48 (voting by persons with disabilities)
14.Rule 49 (tendered ballot papers)
15.Rule 52 (adjournment of poll in case of riot)
16.Rule 53 (procedure on close of poll)
17.Rule 54 (attendance at counting of votes)
18.Rule 55 (the count)
19.Rule 69 (orders for production of documents and records)
20.Countermand or abandonment of poll etc. on death of candidate
PART 3 MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
21.Modifications of the local elections rules: general provision
22.Rule 14 of the local elections rules (the ballot papers)
23.Rule 20 of the local elections rules (notice of poll)
24.Rule 24 of the local elections rules (issue of official poll cards and notifications)
25.Rule 25 of the local elections rules (equipment of polling stations)
26.Rule 26 of the local elections rules (appointment of polling and counting agents)
27.Rule 31 of the local elections rules (questions to be put to voters)
28.Rule 33 of the local elections rules (voting procedure)
29.Rule 34 of the local elections rules (votes marked by presiding officer)
30.Rule 35 of the local elections rules (voting by persons with disabilities)
31.Rule 36 of the local elections rules (tendered ballot papers)
32.Rule 39 of the local elections rules (adjournment of poll in case of riot)
33.Rule 40 of the local elections rules (procedure on close of poll)
34.Rule 41 of the local elections rules (attendance at counting of votes)
35.Rule 43 of the local elections rules (the count)
36.Rule 58 of the local elections rules (delivery of documents)
37.Rule 59 of the local election rules (orders for production of documents)
38.Rule 65 of local elections rules (countermand or abandonment of poll on death of party candidate)
39.Rule 66 of local elections rules (abandonment of poll)
40.Local elections rules: postal voting statement
41.Local elections rules: declaration by the companion of a voter with disabilities
SCHEDULE 6
LEGAL PROCEEDINGS
PART 1 ELECTION AND RETURN OF CONSTITUENCY MEMBER
PART 2 ELECTION AND RETURN OF REGIONAL MEMBER
SCHEDULE 7
USE OF SCHOOL ROOMS AND MEETING ROOMS FOR ELECTION MEETINGS
1.Use of rooms in school premises
2.Lists of rooms in school premises and meeting rooms
3.Inspection etc. of lists
SCHEDULE 8
ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION
1.Interpretation of this Schedule
2.Supply of marked registers and lists after an election
3.Inspection of documents open to public inspection
4.Restrictions on supply and disclosure of documents open to public inspection
5.Restriction on use of documents open to public inspection, or of information contained in them
6.Calculating the fee for supply of marked registers or lists
7.Failure to comply with conditions relating to supply etc. of certain documents
SCHEDULE 9
REVOCATIONS
1.The Scottish Parliament (Elections etc.) Order 2010
2.Subject to paragraph 3, the 2010 Order is revoked.
3.The following provisions of the 2010 Order are not revoked—...
4.The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011
5.The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012
6.The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015
APPENDIX OF FORMS
CONTENTS
Explanatory Note