http://www.legislation.gov.uk/uksi/2002/2779/contents/made

The Scottish Parliament (Elections etc.) Order 2002

General elections

Voting

Local elections

Mayoral elections

Electoral registration

King's Printer of Acts of Parliament

2017-06-12

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order consolidates, with amendments, the provisions of the Scottish Parliament (Elections etc.) Order 1999 (“the 1999 Order”) and the amendments made to that Order by the Scottish Parliament (Elections etc.) (Amendment) Order 2001 and the Scottish Parliament (Elections etc.) (Amendment) (No. 2) and (No. 3) Orders 2001. All of these Orders are revoked by this Order, apart from some minor and consequential, technical amendments made by Schedule 8 to the 1999 Order to primary and subordinate legislation.

The Scottish Parliament (Elections etc.) Order 2002

art. 9(3)(c)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(2)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

art. 11(5)(c)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(3)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

art. 27(5)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(4)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 2

para. 44(2)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(5)(a)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 2

para. 48(3)(b)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(5)(b)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 3

para. 3(1)(a)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(6)(a)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 3

para. 3(3)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(6)(b)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 3

para. 3(4)(b)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(6)(c)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 3 Appendix of Forms Form N

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(10)

Sch. 10

para. 2(6)(d)

reg. 1

The Scottish Parliament (Elections etc.) Order 2002

Sch. 3

para. 2(2)(b)

The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004

Sch.

para. 22

art. 1(1)

The Scottish Parliament (Elections etc.) Order 2002

Order

The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003

reg. 7

Sch. 2

para. 5

reg. 1(1)

The Scottish Parliament (Elections etc.) Order 2002

PART IGENERAL

1Citation and commencement

2Revocations

3Interpretation

PART IITHE FRANCHISE AND ITS EXERCISE

4Registers of electors etc

5Registration appeals

6Polling districts and places at elections

7Rules for Scottish parliamentary elections

8Manner of voting at Scottish parliamentary elections

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

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

11Proxies at Scottish parliamentary elections

12Voting as proxy

13Absent voting at elections: miscellaneous

14Combination of polls

15Constituency returning officers

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

17Returning officers: discharge of functions

18Returning officers: general

19Payments by and to returning officers

20Taxation of returning officer’s accounts

21Loan of equipment for Scottish parliamentary elections

22Effect of registers

23Effect of misdescription

24Discharge of registration duties

25Payment of expenses of registration

26Personation

27Other voting offences

28Breach of official duty

29Tampering with nomination papers, ballot papers etc

30Requirement of secrecy

PART IIITHE ELECTION CAMPAIGN

31Appointment of election agent

32Nomination of sub agent

33Office of election agent

34Effect of default in election agent’s appointment

35Expenses of constituency candidate

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

37Expenses which may be paid otherwise than by election agent

38Expenses incurred otherwise than for election purposes

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

40Limitation of election expenses: candidates

41Time for sending in and paying claims

42Disputed claims

43Election agent’s claim

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

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

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

47Where no return and declaration is needed

48Penalty for failure as respects return of declarations

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

50Authorised excuses for failure as to return and declarations

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

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

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

54Inspection of returns and declarations: candidates

55Meaning of Election Expenses

56Incurring of election expenses for purposes of article 55

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

58Right to send election address post free

59Remuneration for free postal services provided

60Broadcasting from outside United Kingdom

61Broadcasting of local items during election period

62Imitation poll cards and notifications

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

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

65Disturbances at Scottish parliamentary election meetings

66Officials not to act for candidates

67Illegal canvassing by police officers

68False statements as to candidates

69Corrupt withdrawal from candidature

70Payments for exhibition of election notices

71Printer’s name and address on election publications

72Prohibition of paid canvassers

73Providing money for illegal purposes

74Bribery

75Treating

76Undue influence

77Rights of creditors

78Savings as to Scottish parliamentary elections

79Interpretation of Part III

80Computation of time for purposes of Part III

PART IVLEGAL PROCEEDINGS

81Application of certain provisions for Scottish parliamentary elections

PART VMISCELLANEOUS AND SUPPLEMENTAL

82Vacancies: constituency seats

83Vacancies: regional member seats

84Modification of section 10 of the 1998 Act

85Dissolution of Parliament: minimum period

86Advertisements

87Forms: variations

88Sending of applications, notices etc

89Interference with notices etc

90Premises used for election purposes

91Effect of demise of the Crown

92Consequential amendment

SCHEDULE 1ELECTORS REGISTERS:

1Supply of free copy of full register for electoral purposes

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

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

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

SCHEDULE 2SCOTTISH PARLIAMENTARY ELECTION RULES

1Timetable

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

3Computation of time

PART IISTAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

4Notice of election

Nomination

5Nomination of candidate for return as a constituency member

6Nomination of individual candidate for return as a regional member

7Nomination of candidates on a regional list

8Constituency nomination papers: name of registered party

9Nomination papers and regional lists: miscellaneous

10Consent to nomination

11Deposit

12Place for delivery of constituency nomination papers

13Place for delivery of individual nomination papers and regional lists

14Right to attend nomination

15Decisions as to validity of constituency nomination papers

16Decisions as to validity of individual nomination papers

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

18Withdrawal of candidates

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

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

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

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

23Adjournment of nomination proceedings in the case of riot

24Method of election: candidates for return as constituency members

25Method of election: candidates for return as regional members

PART IIICONTESTED ELECTIONS

General Provisions

26Poll to be taken by ballot

27The ballot paper: constituency candidates

28The ballot paper: regional candidates

29Colour of ballot papers

30The official mark

31Prohibition of disclosure of vote

32Use of schools and public rooms

Action to be taken before the poll

33Notice of poll

34Postal ballot papers

35Provision of polling stations

36Appointment of presiding officers and clerks

37Issue of official poll cards and notifications

38Equipment of polling stations

39Appointment of polling and counting agents

40Notification of requirement of secrecy

The Poll

41Admission to polling station

42Keeping of order in station

43Sealing of ballot boxes

44Questions to be put to voters

45Challenge of voter

46Voting procedure

47Votes marked by presiding officer

48Voting by persons with disabilities

49Tendered ballot papers

50Spoilt ballot papers

51Adjournment of poll in case of riot

52Procedure on close of poll

Counting of votes

53Attendance at counting of votes

54The count

55Re-count: constituency election

56Re-count: regional votes in a constituency

57Rejected ballot papers

58Decisions on ballot papers

59Equality of votes: election for return of constituency members

60Conveying results of count etc. to regional returning officer

PART IVFINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

61Declaration of result: constituency members

62Attendance at allocation of seats for regional members

63Allocation of seats

64Equality of votes at poll for return of regional members

65Declaration of results: regional members

66Return or forfeiture of deposit

PART VDISPOSAL OF DOCUMENTS

67Sealing up of ballot papers

68Delivery of documents to the sheriff clerk

69Orders for production of documents

70Retention and public inspection of documents

PART VIDEATH OF CANDIDATE

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

PART VIIMISCELLANEOUS

72Return of members and record of returns etc.

SCHEDULE 3ABSENT VOTING

1General requirements for applications

2Additional requirements for applications on grounds of physical incapacity

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

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

5Additional requirements for applications for appointment of a proxy

6Closing dates for applications

7Grant or refusal of applications

8Notice of appeal

9Cancellation of proxy appointment

10Inquiries by registration officer

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

12Marked register for polling stations

SCHEDULE 4ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

1Interpretation

Issue of postal ballot papers

2Combination of polls

3Form of declaration of identity

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

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

6Notification of requirement of secrecy

7Time when postal ballot papers are to be issued

8Procedures on the issue of postal ballot papers

9Refusal to issue postal ballot paper

10Envelopes

11Delivery of postal ballot papers

12Sealing up of special lists and counterfoils

13Spoilt postal ballot paper

14Lost postal ballot paper

Receipt of postal ballot papers

15Notice of opening of postal ballot paper envelopes

16Postal ballot boxes and receptacles

17Receipt of covering envelope

18Opening of postal voters' ballot box

19Opening of covering envelopes

20Procedure in relation to declarations of identity

21Opening of ballot paper envelopes

22Lists of rejected postal ballot papers

23Checking of lists kept under paragraph 22

24Sealing of receptacles

25Abandoned poll

26Forwarding of documents

SCHEDULE 5COMBINATION OF POLLS

PART 1GENERAL

1Returning officers and polling stations

2Functions at combined polls

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

PART IIMODIFICATIONS 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)

4Modifications of the Scottish Parliamentary Election Rules: general provision

5Rule 29 (colour of ballot papers)

6Rule 33 (notice of poll)

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

8Rule 38 (equipment of polling stations)

9Rule 39 (appointment of polling and counting agents)

10Rule 44 (questions to be put to voters)

11Rule 46 (voting procedure)

12Rule 47 (votes marked by presiding officer)

13Rule 48 (voting by persons with disabilities)

14Rule 49 (tendered ballot papers)

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

16Rule 52 (procedure on close of poll)

17Rule 53 (attendance at counting of votes)

18Rule 54 (the count)

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

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

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

PART IIIMODIFICATIONS 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)

22Modifications of the local elections rules: general provision

23Rule 1 of the local elections rules (timetable)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40Local elections rules: declaration of identity

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

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

SCHEDULE 6LEGAL PROCEEDINGS

PART IELECTION OR RETURN OF CONSTITUENCY MEMBER

PART IIELECTION OR RETURN OF REGIONAL MEMBER

SCHEDULE 7USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

1Use of rooms in school premises

2Lists of rooms in school premises

3Inspection etc. of lists

APPENDIX OF FORMSARRANGEMENT OF FORMS

2002 No. 2779 (S. 11)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 2002

Made6th November 2002

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 12(1) and 113 of the Scotland Act 19981, and of all other powers enabling her in that behalf, and after consulting the Electoral Commission2 hereby makes the following Order: