The Scottish Parliament (Elections etc.) Order 2002

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

20.—(1) At the end of paragraph (1) of rule 71 there shall be added–

“Provided that neither the countermand of the poll at the Scottish parliamentary election nor the direction that that poll be abandoned under this paragraph shall affect the poll at the local government election.”.

(2) For paragraph (2) of rule 71 there shall be substituted–

“(2) Where the poll at the Scottish parliamentary election is abandoned by reason of a candidate’s death, no further ballot papers at that election shall be delivered in any polling station and, at the close of the poll for the local government election, the presiding officer at any polling station shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the Scottish parliamentary election had not been abandoned, and the returning officer shall dispose of ballot papers used at the Scottish parliamentary election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but–

(a) it shall not be necessary for any Scottish parliamentary ballot paper account to be prepared or verified; and

(b) the returning officer, having separated the ballot papers relating to the local government election shall take no step or further step for the counting of the ballot papers used at the Scottish parliamentary election or of the votes and shall seal up all those ballot papers, whether the votes in them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”.