The Scottish Parliament (Elections etc.) Order 2002

Persons entitled to be present at receipt of postal ballot papers

5.—(1) No person may be present at the proceedings on the receipt of postal ballot papers other than–

(a) the constituency returning officer and members of his staff;

(b) a candidate for return as a constituency member or an election agent of such a candidate or any person appointed by a candidate to attend in his election agent’s place;

(c) except in the case of an election to fill a vacancy in the seat of a constituency member–

(i) the regional returning officer;

(ii) an individual candidate for return as a regional member or his election agent or any person authorised by the candidate to attend in his election agent’s place or;

(iii) the election agent of a registered party standing nominated or the nominating officer of that party or any person authorised by that officer to attend in his place; and

(d) an agent appointed under sub paragraph (1) below.

(2) Each–

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

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and each election agent for a registered party standing nominated,

may appoint one or more agents up to the number he may be authorised by the constituency returning officer to appoint, so, however, that the number authorised should be the same in the case of each candidate or, as the case may be, election agent for a registered party standing nominated.

(3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

(4) Where postal ballot papers for more than one election are issued together under paragraph 2 above, the constituency returning officer to whom notice shall be given under sub-paragraph (3) above and sub-paragraphs (5) and (6) below is the returning officer who issues the postal ballot papers.

(5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

(6) Agents may be appointed and notice of appointment given to the constituency returning officer by a candidate’s election agent instead of by the candidate.

(7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2) above, who are within the number authorised by the constituency returning officer.

(8) Any of the following persons, namely–

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

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

(c) the election agent of a registered party standing nominated,

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.