Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Scottish Independence Referendum Act 2013

Type Act of the Scottish Parliament

Publication 2013-12-17

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Referendum

Referendum on Scottish independence

1

(1) A referendum is to be held in Scotland on a question about the independence of Scotland.

(2) The question is—

Should Scotland be an independent country?

(3) The ballot paper to be used for the purpose of the referendum is to be printed—

(a) in the form set out in schedule 1, and

(b) according to the directions set out in that schedule.

(4) The date on which the poll at the referendum is to be held is 18 September 2014, unless before then an order is made under subsection (6).

(5) Subsection (6) applies if the Scottish Ministers are satisfied—

(a) that it is impossible or impracticable for the poll at the referendum to be held on 18 September 2014, or

(b) that it cannot be conducted properly if held on that date.

(6) The Scottish Ministers may by order appoint a later day (being no later than 31 December 2014) as the day on which the poll at the referendum is to be held.

(7) An order under subsection (6)—

(a) may include supplementary or consequential provision,

(b) may modify any enactment (including this Act), and

Franchise

Those who are entitled to vote

2

Provision about who is entitled to vote in the referendum is made by the Scottish Independence Referendum (Franchise) Act 2013.

Declarations of local connection and service declarations: further provision

3

(1) The Scottish Independence Referendum (Franchise) Act 2013 is amended as follows.

(2) In section 7 (declaration of local connection: additional ground for young people), after subsection (5) insert—

(6) For the purposes of section 5(1)(b), a declaration of local connection made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors.

(3) After section 7 insert—

(7A) (1) This section applies for the purposes of sections 14 to 17 of the 1983 Act (service declarations), as applied by this Act in relation to registration in the register of young voters. (2) An eligible child has a service qualification for those purposes. (3) Accordingly, any reference in an applied enactment to a person having a service qualification is to be read as including an eligible child. (4) An “eligible child” is a person— (a) who will be aged 16 or 17 on the date on which the poll at an independence referendum is to be held, (b) a parent or guardian of whom has a service qualification under any of paragraphs (a) to (e) of section 14(1) of the 1983 Act, and (c) who is residing at a particular place in order to be with that parent or guardian. (5) Section 16 of the 1983 Act (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child subject to the following modifications— (a) the references in paragraphs (b) and (d) to the United Kingdom are to be read as references to Scotland, (b) the words from “and (except where” to the end of the section are omitted. (6) Regulation 15 of the Representation of the People (Scotland) Regulations 2001 (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child as if the references in paragraphs (2), (3) and (4) to the spouse or civil partner of a person included references to— (a) a child of the person, (b) a child for whom the person acts as guardian, (c) a child of the spouse or civil partner of the person, (d) a child for whom the spouse or civil partner of the person acts as guardian. (7) For the purposes of section 5(1)(b), a service declaration made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors.

(4) In Part 2 of schedule 1 (application of provisions of the 1983 Act), for the entry relating to section 16 of the 1983 Act, substitute—

Section 16 (contents of service declaration)	For paragraph (f) substitute— f the declarant’s date of birth.

Voting etc.

Provision about voting etc.

4

Schedule 2 makes provision about voting in the referendum, including—

(a) provision about the manner of voting (including provision for absent voting),

(b) provision about the register of electors,

(d) provision about the supply of certain documents.

Conduct

Chief Counting Officer

5

(1) The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum.

(2) The Chief Counting Officer is to be the person who, immediately before this section comes into force, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of the Local Electoral Administration (Scotland) Act 2011.

(3) But subsection (2) does not apply if—

(a) there is no person appointed as convener at that time, or

(b) that person is unable or unwilling to be appointed as the Chief Counting Officer.

(4) The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers.

(5) The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if—

(a) the Chief Counting Officer is convicted of any criminal offence, or

(b) they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer’s functions by reason of any physical or mental illness or disability.

(6) If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer.

(7) The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer’s functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy.

(8) A person may be appointed to be—

(a) the Chief Counting Officer,

(b) a deputy of the Chief Counting Officer,

only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act.

Other counting officers

6

(1) The Chief Counting Officer must, in writing, appoint a counting officer for each local government area.

(2) The Chief Counting Officer must notify the Scottish Ministers of each appointment made under subsection (1).

(3) A counting officer may resign by giving notice in writing to the Chief Counting Officer.

(4) The Chief Counting Officer may, by notice in writing, remove a counting officer from office if—

(a) the Chief Counting Officer is satisfied that the counting officer is for any reason unable to perform the counting officer’s functions, or

(b) the counting officer fails to comply with a direction given or requirement imposed by the Chief Counting Officer.

(5) If the counting officer for an area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for the area.

(6) A counting officer may, in writing, appoint deputies to carry out some or all of the officer’s functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to a counting officer is to be read as including a deputy.

Functions of the Chief Counting Officer and other counting officers

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(1) The Chief Counting Officer is responsible for ensuring the proper and effective conduct of the referendum, including the conduct of the poll and the counting of votes, in accordance with this Act.

(2) Each counting officer must—

(a) conduct the poll and the counting of votes cast in the local government area for which the officer is appointed in accordance with this Act, and

(b) certify—

(i) the number of ballot papers counted by the officer,

(ii) the number of votes cast in the area in favour of each answer to the referendum question, and

(iii) the number of rejected ballot papers.

(3) A counting officer—

(a) must consult the Chief Counting Officer before making a certification under subsection (2)(b), and

(b) must not make the certification or any public announcement of the result of the count until authorised to do so by the Chief Counting Officer.

(4) The Chief Counting Officer must, for the whole of Scotland, certify—

(a) the total number of ballot papers counted,

(b) the total number of votes cast in favour of each answer to the referendum question, and

(5) A counting officer must give the Chief Counting Officer any information which the Chief Counting Officer requires for the carrying out of the Chief Counting Officer’s functions.

(6) A counting officer must carry out the counting officer’s functions under this Act in accordance with any directions given by the Chief Counting Officer.

(7) The Chief Counting Officer must not impose a requirement or give a direction that is inconsistent with this Act.

(8) The Chief Counting Officer may—

(a) appoint such staff,

(b) require a council to provide, or ensure the provision of, such property, staff and services,

as may be required by the Chief Counting Officer for the carrying out of the Chief Counting Officer’s functions.

(9) The council for the local government area for which a counting officer is appointed must provide, or ensure the provision of, such property, staff and services as may be required by the counting officer for the carrying out of the counting officer’s functions.

Correction of procedural errors

8

(1) The Chief Counting Officer or a counting officer may take such steps as the officer thinks appropriate to remedy any act or omission on the officer’s part, on the part of a deputy of the officer, or on the part of a relevant person, which—

(a) arises in connection with any function the Chief Counting Officer, counting officer or relevant person (as the case may be) has in relation to the referendum, and

(b) is not in accordance with the requirements of this Act relating to the conduct of the referendum.

(2) But the Chief Counting Officer or a counting officer may not under subsection (1) re-count the votes cast in the referendum after the result has been declared.

(3) For the purposes of subsection (1), each of the following is a relevant person—

(a) in relation to the Chief Counting Officer, a counting officer or a deputy of a counting officer,

(b) a registration officer,

(d) a person providing goods or services to the counting officer,

(e) a deputy of any registration officer or presiding officer,

(f) a person appointed to assist or, in the course of the person’s employment, assisting any person mentioned in paragraphs (b) to (d) in connection with any function that person has in relation to the referendum.

(4) The Chief Counting Officer or a counting officer does not commit an offence under paragraph 5 of schedule 7 by virtue of an act or omission in breach of the officer’s official duty if the officer remedies that act or omission in full by taking steps under subsection (1).

(5) Subsection (4) does not affect any conviction, or any penalty imposed, before the date on which the act or omission is remedied in full.

Expenses of counting officers

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(1) The Chief Counting Officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the Chief Counting Officer of functions under this Act.

(2) A counting officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the counting officer of functions under this Act.

(3) The amount of charges and expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, an order made by the Scottish Ministers.

(4) An order under subsection (3)—

(a) may make different provision for different functions, cases or areas,

(b) may include incidental and supplementary provision.

(5) If the Chief Counting Officer or a counting officer requests from the Scottish Ministers an advance on account of any charges or expenses recoverable by the officer from the Scottish Ministers under this section, the Scottish Ministers may make such advance on such terms as they think fit.

Conduct rules

10

Schedule 3 makes provision about the conduct of the referendum.

Campaign

Campaign rules

11

Schedule 4 makes provision about the conduct of campaigning in the referendum, including provision—

(a) limiting the amount of expenses that can be incurred by those campaigning in the referendum,

(b) restricting the publication of certain material,

Monitoring and securing compliance with the campaign rules

12

(1) The Electoral Commission must—

(a) monitor compliance with the restrictions and other requirements imposed by schedule 4, and

(b) take such steps as they consider appropriate with a view to securing compliance with those restrictions and requirements.

(2) The Electoral Commission may prepare and publish guidance setting out, in relation to any restriction or requirement imposed by schedule 4, their opinion on any of the following matters—

(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the restriction or requirement,

(b) what it is desirable to do (or avoid doing) in view of the purpose of the restriction or requirement.

(3) Subsection (2) does not affect the generality of section 24(4).

(4) Schedule 5 makes provision about the investigatory powers of the Electoral Commission for the purpose of subsection (1).

(5) Schedule 6 makes provision for civil sanctions in relation to—

(a) the commission of campaign offences,

(b) the failure to comply with certain requirements imposed by schedule 4.

(6) In this section, “restriction” includes a prohibition.

Inspection of Electoral Commission’s registers etc.

13

(1) This section applies to any register kept by the Electoral Commission under paragraph 5 of schedule 4.

(2) The Commission must make a copy of the register available for public inspection during ordinary office hours, either at the Commission’s offices or at some convenient place appointed by them.

(3) The Commission may make other arrangements for members of the public to have access to the contents of the register.

(4) If requested to do so by any person, the Commission must supply the person with a copy of the register or any part of it.

(5) The Commission may charge such reasonable fee as they may determine in respect of—

(a) any inspection or access allowed under subsection (2) or (3), or

(b) any copy supplied under subsection (4).

(6) Subsections (2) to (5) apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of paragraph 25, 44 or 62 of schedule 4 as they apply in relation to any register falling within subsection (1).

(7) Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—

(a) made available for public inspection under subsection (2), or

(b) supplied under subsection (4),

must be made available, or (as the case may be) supplied, in a legible form.

Campaign rules: general offences

14

(1) A person commits an offence if—

(a) the person—

(i) alters, suppresses, conceals or destroys any document to which this subsection applies, or

(ii) causes or permits the alteration, suppression, concealment or destruction of any such document, and

(b) the person does so with the intention of falsifying the document or enabling any person to evade any of the provisions of schedules 4 to 6.

(2) Subsection (1) applies to any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of schedule 5.

(3) Subsection (4) applies where the relevant person in the case of a supervised organisation, or a person acting on behalf of the relevant person, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which the relevant person reasonably requires for the purposes of any of the provisions of schedules 4 to 6.

(4) The office-holder commits an offence if—

(a) without reasonable excuse, the office-holder fails to supply the relevant person with that information as soon as is reasonably practicable, or

(b) in purporting to comply with the request, the office-holder knowingly supplies the relevant person with any information which is false in a material particular.

(5) A person commits an offence if, with intent to deceive, the person withholds—

(a) from the relevant person in the case of a supervised organisation, or

(b) from a supervised individual,

any information required by the relevant person or that individual for the purposes of any of the provisions of schedules 4 to 6.

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