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 shall have effect subject to the modifications set out in the remaining paragraphs of this Part.
5. After paragraph (6) of rule 28 there shall be added–
“(6A) 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.”.
6. At the end of rule 33 there shall be added–
“(3) The notice published under paragraph (2) 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.”.
7. At the end of rule 37 there shall be added–
“(5) An official poll card issued under this rule may be combined with any official poll card or notification issued at a local government election.”.
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.”.
9. At the end of paragraph (4) of rule 39 there shall be added–
“Notices of the appointment of polling agents which are required by this paragraph and paragraphs (5) and (6) 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.”.
10.—(1) In paragraph (1) of rule 44, in questions 1(b), 2(b) and 4 before “election” there shall be inserted “Scottish parliamentary”.
(2) In paragraph (1) of rule 44, in question 3(b) after “elsewhere” there shall be inserted “at this Scottish parliamentary election”.
11. At the end of rule 46 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 copy of the register of electors may be used under paragraph (2) for each election and one mark may be placed in that register under paragraph (2)(c) or in the list of proxies under paragraph (2)(d) 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.”.
12. At the end of rule 47 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 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.”.
13. At the end of rule 48 there shall be added–
“(10) 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.”.
14. At the end of rule 49 there shall be added–
“(13) 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.”.
15. In rule 52(1) for the words “constituency returning officer” there shall be substituted–
“returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.
16. After rule 53(1) there shall be added–
“(1A) The contents of the packets referred to in paragraph (1)(b), (c), (e), (f) and (g) 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 (3) be so combined.
(1B) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.”.
17.—(1) For paragraph (1) of rule 54 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 55 (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 55 (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 54(2), before “at the counting of the votes” there shall be inserted–
“at the proceedings described in rule 55(1) (as substituted by paragraph 18 of Schedule 5) or”.
(3) In rule 54(3), before “the counting of the votes” there shall be inserted–
“proceedings described in rule 55(1) (as so substituted) or”, and
(4) in rule 54(3)(a) before “the efficient” there shall be inserted–
“the efficient separating of the ballot papers or, as the case may be,”.
18. For rule 55(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)if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means, separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election;
(c)if the votes at a Scottish parliamentary election and the local government election are not both being counted by electronic means, 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 ballot papers there are in each box (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, count separately the number of constituency ballot papers and 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 postal ballot papers as have been duly returned and record their number (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, 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), 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 corresponding number lists 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 54(1A) (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 ballot papers there are in each container (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, 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 their number (and at a Scottish parliamentary general election if the constituency ballot paper and regional ballot paper are not printed on the same sheet, record separately the number of constituency ballot papers counted and the number of regional ballot papers counted).”.
19. At the end of rule 69(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 (e) and (h) were omitted.”.
20.—(1) At the end of paragraph (1) of rule 72 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 72 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.”.
21.—(1) In rule 38, for the notice provided by paragraph (13) there shall be substituted the notice at form O3 in the Appendix of Forms, and paragraphs (14) and (15) shall be omitted.
(2) In the Appendix of Forms, for form P (notice providing further information for voters at polling stations, referred to in rule 38(12)), there shall be substituted form X set out in the Appendix.