The Scottish Parliament (Elections etc.) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

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 revokes the Scottish Parliament (Elections etc.) Order 2007.

The Electoral Commission has been consulted on the draft of this Order, as required by section 7 of the Political Parties, Elections and Referendums Act 2000.

Part 1 of the Order (articles 1 and 2) contains general provisions concerning the citation, commencement and interpretation of the Order. The Order will not apply to any elections held on or before 4th April 2011. New provisions on the control of donations to candidates will not apply to money or property provided before 5th January 2011.

Part 2 of the Order (articles 3 to 31) makes provision about the franchise for the Scottish Parliament and the exercise of that franchise.

Part 3 of the Order (articles 32 to 83) deals with election campaigns and election expenses at Scottish Parliament elections. This includes new provisions on details to appear on election publications, control of donations to candidates and pre-candidacy expenses. The polling places and districts are aligned with those used for Parliamentary elections.

Part 4 of the Order (article 84) along with Schedule 6, makes provision for legal proceedings.

Part 5 of the Order (articles 85 to 97) makes miscellaneous and supplementary provision. It increases, to 28 working days, the “minimum period” used to calculate the date of dissolution of the Scottish Parliament ahead of an ordinary general election.

Schedule 1 makes provision about the free supply and the sale of the register of local government electors to MSPs, their election agents and to candidates standing for election to the Scottish Parliament and also the election agents of registered political parties in respect of list MSP candidates.

Schedule 2 contains the Scottish Parliamentary Election Rules. They are substantially in the same form as the earlier Rules set out in Schedule 2 to the 2007 Order. There is no separate timetable for by-elections. The responsibility for retention of certain documents after an election is transferred to the Constituency Returning Officer (previously the Sheriff Clerk). New provision is made for the rules to apply in the event of the death of a candidate.

Schedule 3 contains provision about absent voting. New provision is made for access to and supply of absent voting records and lists.

Schedule 4 makes provision about the issue and receipt of postal ballot papers.

Schedule 5 makes provision for the combination of polls. In particular it deals with the combination of the poll at a Scottish parliamentary election with the poll at a Scottish local government election.

Schedule 6 applies, with modifications, provisions of the Representation of the People Act 1983 concerning legal proceedings, for the purposes of Scottish parliamentary elections.

Schedule 7 provides for the use of rooms in school premises and meeting rooms for election meetings.

Schedule 9 makes new provision about access to marked copies of the register and other documents retained by constituency returning officers after an election.

The Appendix sets out forms for use at Scottish parliamentary elections.