The Scottish Parliament (Elections etc.) Order 2002

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)

Modifications of the Scottish Parliamentary Election Rules: general provision

4.  Where the poll at a Scottish parliamentary election is taken with the poll at a local government election under article 14(1) or (2), the Scottish Parliamentary Election Rules in Schedule 2 to this Order shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Rule 29 (colour of ballot papers)

5.  At the end of rule 29 there shall be added–

• “The ballot paper to be used at a local government election the poll for which is taken together with the poll at a Scottish parliamentary election shall be of a different colour from that of any ballot paper to be used at the Scottish parliamentary election.”.

Rule 33 (notice of poll)

6.  At the end of rule 33 there shall be added–

“(3) The notice published under paragraph (2) above shall–

(a) state that the poll at the Scottish parliamentary election is to be taken together with the poll at a local government election;

(b) specify the relevant local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c) where the polls are to be taken together in part of a Scottish parliamentary constituency only, specify that part.”.

Rule 37 (issue of official poll cards and notifications)

7.  At the end of rule 37 there shall be added–

“(5) An official poll card or notification issued under this rule may be combined with any official poll card or notification issued at a local government election.”.

Rule 38 (equipment of polling stations)

8.  After paragraph (1) of rule 38 there shall be added–

“(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the poll at the Scottish parliamentary election.”.

Rule 39 (appointment of polling and counting agents)

9.  At the end of paragraph (5) of rule 39 there shall be added–

“Notices of the appointment of polling agents which are required by this paragraph and paragraphs (6) and (7) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.

Rule 44 (questions to be put to voters)

10.  In question (ii) in paragraph (1)(a) and (b) of rule 44 and in the second question of paragraph (2) of that rule before “election” there shall be inserted “Scottish parliamentary”.

Rule 46 (voting procedure)

11.  At the end of rule 46 there shall be added–

“(6) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same copy of the register of electors may be used under paragraph (2) above for each election and one mark may be placed in that register under paragraph (2)(d) above or in the list of proxies under paragraph (2)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.”.

Rule 47 (votes marked by presiding officer)

12.  At the end of rule 47 there shall be added–

“(5) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”.

Rule 48 (voting by persons with disabilities)

13.  At the end of rule 48 there shall be added–

“(9) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of voters with disabilities assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”.

Rule 49 (tendered ballot papers)

14.  At the end of rule 49 there shall be added–

“(7) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”.

Rule 51 (adjournment of poll in case of riot)

15.  In rule 51(1) for the words “constituency returning officer” there shall be substituted–

“returning officer who discharges the functions specified in paragraph 2 of Schedule 5”.

Rule 52 (procedure on close of poll)

16.  After rule 52(1) there shall be added–

“(1A) The contents of the packets referred to in paragraph (1)(b) to (e) and (g) to (i) above shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under paragraph (4) below be so combined.

(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.

Rule 53 (attendance at counting of votes)

17.—(1) For paragraph (1) of rule 53 there shall be substituted the following paragraphs:–

“(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for discharging the functions under rule 54 below (as amended by paragraph 18 of Schedule 5) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election as soon as practicable after the close of the poll and for thereafter counting the votes at the Scottish parliamentary election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 54 below (as so amended).

(1A) Where the constituency returning officer at the Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and who shall give to those counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.

(2) In rule 53(2), before “at the counting of the votes” there shall be inserted–

“at the proceedings described in rule 54(1) below (as substituted by paragraph 18 of Schedule 5) or”

(3) In rule 53(2), before “the counting of the votes” there shall be inserted–

“proceedings described in rule 54(1) below (as so substituted) or”, and

(4) in rule 53(3)(a) before “the efficient” there shall be inserted–

“the efficient separating of the ballot papers or, as the case may be,”.

Rule 54 (the count)

18.  For rule 54(1) there shall be substituted–

“(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5 he shall–

(a) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election open each ballot box;

(b) separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election;

(c) make up into packets the ballot papers for the local government election (including any postal ballot papers which have been duly returned) and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate;

(d) in the presence of the election agents appointed for the purpose of the Scottish parliamentary election, record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box;

(e) in the presence of those election agents verify each ballot paper account in relation to the ballot papers for the Scottish parliamentary election;

(f) count such of the constituency postal ballot papers and regional postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted;

(g) deliver or cause to be delivered to the returning officer at the local government election to which the ballot papers relate–

(i) the containers referred to in sub-paragraph (c) above, together with a list of them and of the contents of each; and

(ii) the ballot paper accounts; and

(h) at the same time deliver, or cause to be delivered, to that returning officer the packets which so relate containing–

(i) the unused and spoilt ballot papers;

(ii) the tendered ballot papers; and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(1A) Where a constituency returning officer at a Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5 he shall–

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 53(1A) above (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container;

(b) in the presence of the election agents appointed for the purposes of the election verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency ballot papers counted and the number of regional ballot papers counted.”.

Rule 68 (delivery of documents to the sheriff clerk)

19.  At the end of rule 68(1) there shall be added–

“At an election where the constituency returning officer does not discharge the functions specified in paragraph 2 of Schedule 5, this paragraph shall have effect as if sub-paragraphs (f) and (h) were omitted.”.

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.”.

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

21.  In the Appendix of Forms, for form P (giving information to voters, referred to in rule 38(12)), there shall be substituted form X set out in the Appendix.