The Scottish Parliament (Elections etc.) Order 2010

Declaration of result: constituency members

62.—(1) In a contested election for return of a constituency member, when the result of the poll for the return of a constituency member has been ascertained, the CRO shall forthwith—

(a) declare to be elected the candidate to whom the majority of votes has been given;

(b) return to the Clerk of the Scottish Parliament (“the Clerk of the Parliament”) in accordance with paragraph (4) that candidate’s name, address and,

(i) if a certificate has been received by the CRO issued by or on behalf of the nominating officer of a registered party under rule 7(1) in respect of that candidate, the name of that party,

(ii) if the candidate’s description on the statement prepared under rule 18 consisted of the word “Independent”, that word; or

(iii) if the candidate had no description on that statement, the words “no description”; and

(c) give public notice of—

(i) that candidate’s name and, if applicable, the name of the registered party referred to in sub-paragraph (b)(i); and

(ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2) In an uncontested election, the statement of persons nominated for return as a constituency member, in addition to showing the person standing nominated, shall also declare that person elected and paragraph (1)(b) applies to a person so returned as it applies to a person returned under that paragraph.

(3) In any case to which paragraph (1) or (2) applies (except in an election to fill a vacancy in the seat of a constituency member) the CRO shall forthwith also notify the RRO of the candidate who has been returned and, if applicable, the name of the registered party referred to in paragraph (1)(b) or, as the case may be, (2).

(4) For the purposes of paragraph (1)(b) and (2) the CRO shall return those names required to be returned by—

(a) completing a certificate in the form S set out in the Appendix; and

(b) delivering it, or causing it to be delivered, to the Clerk of the Parliament.