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

articles Not indexed

Reform history JSON API

(8) The registration officer must ensure that the Polling List is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal.

The cut-off date

19

(1) In this Act, the cut-off date means 5pm on the eleventh day before the date of the referendum.

(2) For the purpose of ascertaining the cut-off date, the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(d) a day appointed for public thanksgiving or mourning.

PART 3 — Postal voting: issue and receipt of ballot papers

Persons entitled to be present at issue and receipt of postal ballot papers

20

(1) Without prejudice to sections 18 to 20, no person may be present at the proceedings on the issue of postal ballot papers other than the counting officer and the counting officer’s staff.

(2) Without prejudice to sections 18 to 20, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the counting officer and the counting officer’s staff,

(b) a referendum agent or any person appointed by a referendum agent to attend in such referendum agent’s place,

(3) Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers (“postal ballot agents”).

(4) The number of postal ballot agents that may be appointed under sub-paragraph (3)—

(a) is to be determined by the counting officer, and

(b) is to be the same for each referendum agent.

(5) A referendum agent who appoints postal ballot agents must give the counting officer notice of the appointment no later than the time fixed for the opening of the postal voters box.

(6) If a postal ballot agent dies or becomes unable to perform the agent’s functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable.

(7) A notice under sub-paragraph (5) or (6)—

(a) must be given in writing, and

(b) must give the names and addresses of the persons appointed.

(8) In this Part of this schedule, references to postal ballot agents are to agents appointed under sub-paragraph (3) or (6)—

(a) whose appointments have been duly made and notified, and

(b) who are within the number authorised by the counting officer.

(9) Where in this Part of this schedule anything is required or authorised to be done in the presence of postal ballot agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).

Notification of requirement of secrecy

21

The counting officer must make such arrangements as are reasonably practicable to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy of sub-paragraphs (7), (9) and (10) of paragraph 7 of schedule 7.

Time when postal ballot papers are to be issued

22

The counting officer is to issue postal ballot papers (and postal voting statements) as soon as it is practicable to do so.

Issue of postal ballot papers

23

(1) The number of the voter as stated in the Polling List must be marked on the corresponding number list, next to the unique identifying number of the ballot paper issued to that voter.

(2) A mark is to be placed in the postal voters list or the proxy postal voters list against the number of the voter to denote that a ballot paper has been issued to the voter or the voter’s proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.

(4) Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 25 are to be sent is—

(a) in the case of a voter, the address shown in the postal voters list,

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(5) Where a person has an anonymous entry in the register of electors, the items specified in sub-paragraph (4) are to be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry to the address to which postal ballot papers should be sent—

(a) as shown in the record of anonymous entries, or

(b) as given in pursuance of an application made under paragraph 3(1) or (5) or 6(6) or (8).

Refusal to issue postal ballot paper

24

Where a counting officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same voter, the counting officer may not issue more than one ballot paper in respect of that voter.

Envelopes

25

(1) The envelope which the counting officer is required by rule 8(1) of the conduct rules to issue to a postal voter is to be marked with the letter “B”.

(2) The counting officer must also issue to a postal voter a smaller envelope which is to be marked with—

(a) the letter “A”,

(b) the words “ballot paper envelope”, and

Sealing up of completed corresponding number lists and security of special lists

26

(1) As soon as practicable after the issue of each batch of postal ballot papers, the counting officer must make up into a packet the completed corresponding number lists for those ballot papers which have been issued and must seal that packet.

(2) Until the counting officer has sealed the packet as described in paragraph 35(11), the counting officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Payment of postage on postal ballot papers

27

(1) Where ballot papers are posted to postal voters, postage must be prepaid.

(2) Return postage must be prepaid where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Spoilt postal ballot papers

28

(1) If a postal voter has inadvertently dealt with a postal ballot paper or postal voting statement in such manner that it cannot be conveniently used as a ballot paper (a “spoilt ballot paper”) or a postal voting statement (a “spoilt postal voting statement”) the postal voter may return the spoilt ballot paper or (as the case may be) the spoilt postal voting statement to the counting officer (either by hand or by post).

(2) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must also return—

(a) the postal ballot paper or (as the case may be) the postal voting statement (whether spoilt or not), and

(b) the envelopes supplied for their return.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2), the counting officer must issue another postal ballot paper except where those documents are received after 5pm on the date of the referendum.

(4) Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2) after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter returns the documents by hand.

(5) The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (3) as they apply in relation to a ballot paper—

(a) paragraph 23 (except sub-paragraph (2)),

(b) paragraphs 25 and 26, and

(6) Any postal ballot paper or postal voting statement (whether spoilt or not) returned in accordance with sub-paragraphs (1) and (2) must be immediately cancelled.

(7) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (6), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(8) Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter.

(9) The counting officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and number of the postal voter as stated in the Polling List (or, in the case of a postal voter who has an anonymous entry, that person’s voter number alone),

(b) the number of the postal ballot paper (or papers) issued under this paragraph, and

Lost postal ballot papers

29

(1) Where a postal voter claims either to have lost or not to have received—

(a) the postal ballot paper (a “lost postal ballot paper”),

(b) the postal voting statement, or

by the fourth day before the date of the referendum, the postal voter may apply (whether or not in person) to the counting officer for a replacement ballot paper.

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(3) An application under sub-paragraph (1) must include evidence of the postal voter’s identity.

(4) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return any of the documents referred to in sub-paragraph (1)(a) to (c) which the postal voter has received and which have not been lost.

(5) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (4) must be immediately cancelled.

(6) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (5), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(7) Subject to sub-paragraph (8), where the application referred to in sub-paragraph (1) is received by the counting officer before 5pm on the date of the referendum and the counting officer—

(a) is satisfied as to the postal voter’s identity, and

(b) has no reason to doubt that the postal voter has either lost or has not received a document referred to in sub-paragraph (1)(a) to (c),

the counting officer may issue another postal ballot paper.

(8) Where the application referred to in sub-paragraph (1) is received by the counting officer after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter applies in person.

(9) The counting officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a) the name and number of the postal voter as stated in the Polling List (or, in the case of a postal voter who has an anonymous entry, that person’s voter number alone),

(b) the number of the lost postal ballot paper and of its replacement issued under this paragraph, and

(10) The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (7) as they apply in relation to a ballot paper—

(a) paragraph 23 (except sub-paragraph (2)),

(b) paragraphs 25 and 26, and

(11) Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter.

(12) Where the counting officer issues another postal ballot paper under sub-paragraph (7), the lost postal ballot paper is void and of no effect.

Superseded postal ballot papers

30

(1) This paragraph applies where—

(a) an event mentioned in sub-paragraph (2) occurs in relation to a voter or a voter’s proxy, and

(b) the documents mentioned in sub-paragraph (3) have previously been issued to the voter or, as the case may be, proxy.

(2) The events are—

(a) an application by the voter is granted under paragraph 3(2), (5), (6) or (7),

(b) the voter is removed from the postal voters list,

(c) the appointment of the proxy to vote for the voter in the referendum is cancelled, or ceases to have effect, by virtue of paragraph 5(10),

(d) the proxy is removed from the proxy postal voters list,

(e) an application by the proxy is granted under paragraph 6(8).

(3) The documents are—

(a) a postal ballot paper (a “superseded postal ballot paper”),

(b) a postal voting statement,

(4) The registration officer must notify the counting officer of the occurrence of the event.

(5) The superseded postal ballot paper is void and of no effect.

(6) The counting officer must issue a replacement postal ballot paper where an application is granted under paragraph 3(5) or 6(8).

(7) The voter or, as the case may be, proxy must return the documents mentioned in sub-paragraph (3).

(8) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (7) must be immediately cancelled.

(9) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (8), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(10) The counting officer must enter in a list kept for the purpose (“the list of superseded postal ballot papers”)—

(a) the name and number of the voter as stated in the Polling List (or, in the case of a voter who has an anonymous entry, the voter’s voter number alone),

(b) the number of the superseded postal ballot paper,

(d) where the superseded postal ballot paper was issued to a proxy, the name and address of the proxy.

Notice of opening of postal ballot paper envelopes

31

(1) The counting officer must give to each of the referendum agents appointed for the area not less than 48 hours’ notice in writing of each occasion on which a postal voters’ box and the envelopes contained in it are to be opened.

(2) That notice must specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of postal ballot agents that may be appointed to attend each opening.

Boxes and receptacles

32

(1) The counting officer must provide a separate box for the reception of—

(a) the covering envelopes when returned by the postal voters, and

(b) postal ballot papers.

(2) Each such box must be marked “postal voters box” or “postal ballot box” (as the case may be) and with the name of the local government area.

(3) The postal ballot box must be shown as being empty to any postal ballot agents present on the occasion of opening the first postal voters box.

(4) The counting officer must then—

(a) lock the postal ballot box,

(b) apply the counting officer’s seal in such manner as to prevent the box being opened without breaking the seal, and

(5) The counting officer must provide separate receptacles for—

(a) rejected votes,

(b) postal voting statements,

(d) rejected ballot paper envelopes,

(e) rejected votes (verification procedure), and

(f) postal voting statements (verification procedure).

(6) The counting officer must take proper precautions for the safe custody of every box and receptacle referred to in this paragraph.

Receipt of covering envelopes and collection of postal votes

33

(1) The counting officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters box.

(2) Where an envelope, other than a covering envelope issued by the counting officer—

(a) has been opened, and

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the envelope, together with its contents, is to be placed in a postal voters box.

(3) The counting officer may collect (or arrange to be collected) any postal ballot paper or postal voting statement which by virtue of rule 28(2)(g) of the conduct rules the presiding officer of a polling station would otherwise be required to deliver (or arrange to be delivered) to the counting officer.

(4) Where the counting officer collects (or arranges to be collected) any postal ballot paper or postal voting statement in accordance with sub-paragraph (3), the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer’s seal and the seal of any polling agent present who wishes to affix the agent’s seal.

Opening of postal voters box

34

(1) Each postal voters box must be opened by the counting officer in the presence of any postal ballot agents who are present.

(2) So long as the counting officer ensures that there is at least one sealed postal voters box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters boxes may be opened by the counting officer.

(3) The last postal voters box and the postal ballot box must be opened at the counting of the votes under rule 30 of the conduct rules.

Opening of covering envelopes

35

(1) When a postal voters box is opened, the counting officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 33(2)).

(2) The counting officer must set aside for personal identifier verification not less than 20 percent of the envelopes recorded on that occasion.

(3) The counting officer must open separately each covering envelope that is not set aside (including an envelope described in paragraph 33(2)).

(4) The procedure in paragraph 37 or 38 applies where a covering envelope (including an envelope to which paragraph 33(2) applies) contains both—

(a) a postal voting statement, and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(5) Where the covering envelope does not contain the postal voting statement separately, the counting officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

(6) Where a covering envelope does not contain both—

(a) a postal voting statement (whether separately or not), and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the counting officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(7) Where—

(a) an envelope contains the postal voting statement of a voter with an anonymous entry, and

(b) sub-paragraph (6) does not apply,

the counting officer must set aside that envelope and its contents for personal identifier verification in accordance with paragraph 38.

(8) In carrying out the procedures in this paragraph and paragraphs 37 to 43, the counting officer and the counting officer’s staff—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) must not look at the corresponding number list used at the issue of postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the counting officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned.

(10) A mark made under sub-paragraph (9) must be distinguishable from and must not obscure the mark made under paragraph 23(2).

(11) As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal that packet.

Confirmation of receipt of postal voting statement

36

(1) A voter or a voter’s proxy who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 23 and the close of the poll, that the counting officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned, and

(b) whether the number of the ballot paper issued to the voter or the voter’s proxy has been recorded on either of the lists of provisionally rejected postal ballot papers kept by the counting officer under sub-paragraphs (2) and (3) of paragraph 42.

(2) Where a request is received in accordance with sub-paragraph (1) the counting officer must, if satisfied that the request has been made by the voter or the voter’s proxy, provide confirmation of the matters mentioned in sub-paragraph (1).

Procedure in relation to postal voting statements

37

(1) This paragraph applies to any postal voting statement contained in an envelope that has not been set aside for personal identifier verification in accordance with paragraph 35(2) or (7).

(2) The counting officer must determine whether the postal voting statement is duly completed.

(3) Where the counting officer determines that the postal voting statement is not duly completed, the counting officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the statement in the receptacle for rejected votes, the counting officer must—

(a) show it to the postal ballot agents, and

(b) if any agent objects to the counting officer’s decision, add the words “rejection objected to”.

(5) The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b) that envelope has no number on it,

the counting officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under paragraph 35(5) or sub-paragraph (6).

(8) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement,

(b) in the receptacle for rejected votes, any other postal ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”,

(c) in the receptacle for rejected votes, any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and

(d) in the receptacle for postal voting statements, any valid statement not disposed of under paragraph (b) or (c).

Procedure in relation to postal voting statements: personal identifier verification

38

(1) This paragraph applies to any postal voting statement contained in an envelope that has been set aside for personal identifier verification in accordance with paragraph 35(2) or (7).

(2) The counting officer must open the envelope and determine whether the postal voting statement is duly completed and, as part of that process, must compare the date of birth and the signature on the postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the counting officer determines that the statement is not duly completed, the counting officer must mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the counting officer must—

(a) show it to the postal ballot agents,

(b) permit the agents to view the entries in the personal identifiers record relating to the person to whom the postal ballot paper was addressed, and

(5) The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, the counting officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b) that envelope has no number on it,

the counting officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under paragraph 35(5) or sub-paragraph (6).

(8) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement,

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”,

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Postal voting statements: additional personal identifier verification

39

(1) A counting officer may on any occasion on which a postal voters box is opened in accordance with paragraph 34 undertake verification of the personal identifiers on any postal voting statement that has on a prior occasion been placed in the receptacle for postal voting statements.

(2) Where a counting officer undertakes additional verification of personal identifiers, the officer must—

(a) remove as many postal voting statements from the receptacle for postal voting statements as the officer wishes to subject to additional verification, and

(b) compare the date of birth and the signature on each such postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the counting officer is no longer satisfied that the postal voting statement has been duly completed, the officer must mark the statement “rejected” and, before placing the postal voting statement in the receptacle for rejected votes (verification procedure), must—

(a) show it to the postal ballot agents and permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and, if any agent objects to the counting officer’s decision, add the words “rejection objected to”,

(b) open any postal ballot box and retrieve the ballot paper corresponding to the ballot paper number on the postal voting statement,

(d) attach the ballot paper to the postal voting statement.

(4) Following the removal of a postal ballot paper from a postal ballot box the counting officer must lock and reseal the postal ballot box in the presence of the postal ballot agents.

(5) Whilst retrieving a ballot paper in accordance with sub-paragraph (3), the counting officer and the counting officer’s staff—

(a) must keep the ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) must not look at the corresponding number list used at the issue of postal ballot papers.

Opening of ballot paper envelopes

40

(1) The counting officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same as the number on the ballot paper envelope,

(b) in the receptacle for rejected votes, any other postal ballot paper, which is to be marked “provisionally rejected” and to which is to be attached the ballot paper envelope, and

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which is to be marked “provisionally rejected” because it does not contain a postal ballot paper.

Retrieval of cancelled postal ballot papers

41

(1) Where it appears to the counting officer that a cancelled postal ballot paper has been placed—

(a) in a postal voters box,

(b) in the receptacle for ballot paper envelopes, or

the counting officer must proceed as set out in sub-paragraphs (2) and (3).

(2) The counting officer must on the next occasion on which a postal voters box is opened in accordance with paragraph 34, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled postal ballot paper,

(b) show the ballot paper number on the cancelled postal ballot paper to the postal ballot agents,

(c) retrieve the postal voting statement that relates to a cancelled paper from the receptacle for postal voting statements,

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates,

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for in paragraph 28(7), and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 30 of the conduct rules, seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled postal ballot paper in accordance with sub-paragraph (2), the counting officer and the counting officer’s staff—

(a) must keep the ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) must not look at the corresponding number list used at the issue of postal ballot papers.

Lists of provisionally rejected postal ballot papers

42

(1) The counting officer must keep two separate lists of provisionally rejected postal ballot papers.

(2) In the first list, the counting officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

(3) In the second list, the counting officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that postal ballot paper is not received with the postal voting statement.

Checking of lists kept under paragraph 42

43

(1) Where the counting officer receives a valid postal voting statement without the postal ballot paper to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 42(2) to see whether the number of any postal ballot paper to which the statement relates is entered in the list.

(2) Where the counting officer receives a postal ballot paper without the postal voting statement to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 42(3) to see whether the number of the postal ballot paper is entered in the list.

(3) The counting officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt, under rule 28(1)(c) of the conduct rules, of packets from every polling station in the local government area.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or (as the case may be) the postal ballot paper, the counting officer must retrieve that statement or paper.

(5) The counting officer must then take the appropriate steps under this Part of this schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Sealing of receptacles

44

(1) As soon as practicable after the completion of the procedure under paragraph 43(3) and (4), the counting officer must make up into separate packets the contents of—

(a) the receptacle for rejected votes,

(b) the receptacle for postal voting statements,

(d) the lists of spoilt, lost and superseded postal ballot papers,

(e) the receptacle for rejected votes (verification procedure), and

(f) the receptacle for postal voting statements (verification procedure),

and must seal up such packets.

(2) Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.

Forwarding of documents

45

(1) The counting officer must, at the same time as sending the documents mentioned in rule 37 of the conduct rules, send to the proper officer—

(a) any packets referred to in paragraphs 26, 28(7), 29(6), 30(9), 35(11), 41(2)(e) and 44, endorsing on each packet a description of its contents and the date of the referendum, and

(b) a completed statement giving details of postal ballot papers issued, received, counted and rejected in the form prescribed.

(2) Where—

(a) any covering envelopes are received by the counting officer after the close of the poll (apart from those delivered in accordance with the provisions of rule 28 of the conduct rules),

(b) any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or

the counting officer must put them unopened in a separate packet, seal up that packet and endorse and send it at a subsequent date in the manner described in sub-paragraph (1).

(3) Rules 38 and 40 of the conduct rules apply to any packet or document sent under this paragraph as they apply for the purposes of the documents referred to in those rules.

(4) A copy of the statement referred to in sub-paragraph (1)(b) is to be provided by the counting officer to the Electoral Commission.

Power of Chief Counting Officer to prescribe

46

(1) In paragraphs 10(2) and 45(1)(b), “prescribed” means prescribed by the Chief Counting Officer.

(2) Where a form is prescribed under sub-paragraph (1), the form may be used with such variations as the circumstances may require.

Interpretation of Part

47

In this Part—

“postal ballot paper” means a ballot paper issued, or to be issued, to a postal voter,

“postal voter” means a voter or a voter’s proxy who is entitled to vote by post.

PART 4 — Supply of Polling List etc.

Supply of free copy of Polling List etc. to counting officers

48

(1) Each registration officer must, at the request of the relevant counting officer, supply free of charge to the counting officer as many printed copies of—

(a) the latest version of the Polling List,

(b) any notice setting out an alteration to the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act, and

as the counting officer may reasonably require for the purposes of the referendum.

(2) Each registration officer must, as soon as practicable, supply free of charge to the relevant counting officer as many printed copies of—

(a) the postal voters list,

(b) the list of proxies, and

as the counting officer may reasonably require for the purposes of the referendum.

(3) If, after supplying copies of the Polling List and notices in accordance with sub-paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-paragraph are issued by a registration officer, the registration officer must, as soon as reasonably practicable after issuing the notices, supply the relevant counting officer with as many printed copies as the counting officer may reasonably require for the purposes of the referendum.

(4) The duty under sub-paragraph (1) to supply as many printed copies of the Polling List and notices as the counting officer may reasonably require includes a duty to supply one copy in data form.

(5) No person to whom a copy of a document has been supplied under this paragraph may, except for the purposes of the referendum—

(a) supply a copy of the document,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

Supply of free copy of Polling List etc. to Electoral Commission

49

(1) Each registration officer must supply free of charge to the Electoral Commission one copy of—

(a) the Polling List,

(b) any notice setting out an alteration of the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act,

(d) the list of proxies, and

(e) the proxy postal voters list.

(2) The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the Commission have, prior to the supply, requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any person employed by the Commission may—

(a) supply a copy of any document supplied under sub-paragraph (1) otherwise than to another Electoral Commissioner or another such person,

(b) disclose any information contained in any such document otherwise than in accordance with sub-paragraph (5) below,

(c) make use of any such information otherwise than in connection with the Commissioner’s or the person’s functions under, or by virtue of, this Act.

(4) In sub-paragraph (3), “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(5) A document supplied under sub-paragraph (1), or any information contained in it, may not be disclosed otherwise than—

(a) where necessary to carry out the Commission’s functions under this Act in relation to permissible donors,

(b) by publishing information about voters which does not include the name or address of any voter.

Supply of free copy of edited Polling List etc. to designated organisations

50

(1) If a designated organisation so requests, the registration officer must supply free of charge to the organisation one copy of an edited version of—

(a) the Polling List,

(b) any notice setting out an alteration of the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act,

(d) the list of proxies, and

(e) the proxy postal voters list.

(2) For the purposes of this paragraph, an “edited version” of a document is a version of the document with—

(a) all voter numbers removed, and

(b) all anonymous entries removed.

(3) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and

(d) state whether a printed copy of any of the documents is requested instead of a version in data form.

(4) Unless a request has been made in advance of supply under sub-paragraph (3)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form.

(5) No person employed by, or assisting (whether or not for reward) a designated organisation to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (6)—

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

(6) The purposes are—

(a) purposes in connection with the campaign in respect of the referendum identified in the declaration made by the organisation under paragraph 2 of schedule 4, and

(b) the purposes of complying with the controls on donations and regulated transactions in that schedule.

Supply of free copy of register of local government electors etc. to permitted participants

51

(1) If a permitted participant so requests, the registration officer must supply free of charge to the participant one copy of—

(a) the full, latest version of the register of local government electors published under section 13(1) or (3) of the 1983 Act,

(b) any notice setting out an alteration of that version of the register issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act,

(c) the postal voters list kept by the officer under paragraph 5(2) of Schedule 4 (absent voting at parliamentary and local government elections) to the Representation of the People Act 2000,

(d) the list of proxies kept by the officer under paragraph 5(3) of that Schedule, and

(e) the proxy postal voters list kept by the officer under paragraph 7(8) of that Schedule.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and

(d) state whether a printed copy of any of the documents is requested instead of a version in data form.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form.

(4) No person employed by, or assisting (whether or not for reward) a permitted participant to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (5)—

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

(5) The purposes are—

(a) purposes in connection with the campaign in respect of the referendum identified in the declaration made by the permitted participant under paragraph 2 of schedule 4, and

(b) the purposes of complying with the controls on donations and regulated transactions in that schedule.

Supply of data

52

A duty of a registration officer to supply data under this Part of this schedule is a duty only to supply the data in the form in which the officer holds it.

General restriction on use of registration documents and information contained in them

53

(1) This paragraph applies to—

(a) any person to whom a copy of a registration document is supplied under any enactment other than paragraphs 48 to 51,

(b) any person to whom information contained in a registration document has been disclosed,

(c) any person to whom a person referred to in paragraph (a) or (b) has supplied a copy of a registration document or information contained in it, and

(d) any person who has obtained access to a copy of a registration document or information contained in it by any other means.

(2) No person to whom this paragraph applies may, except for the purposes of the referendum—

(a) supply a copy of a registration document,

(b) disclose any information contained in a registration document (that is not also contained in the edited version of the register of local government electors), or

(3) In this paragraph, “registration document” means a document referred to in paragraphs 48(1) and (2) and 50(1).

Offence in relation to disclosure of registration documents

54

(1) A person (“A”) commits an offence—

(a) if A contravenes any of paragraphs 18(5), 48(5), 49(3) or (5), 50(5), 51(4) or 53(2), or

(b) if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps.

(2) B does not commit an offence under sub-paragraph (1) if—

(a) B has an appropriate supervisor, and

(b) B complied with all the requirements imposed on B by the appropriate supervisor.

(3) A does not commit an offence under sub-paragraph (1) if—

(a) A is not, and does not have, an appropriate supervisor, and

(b) A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a).

(4) In this paragraph—

“appropriate supervisor” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is,

“appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, any contravention of a provision specified in sub-paragraph (1)(a).

(5) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Destruction of copies of the Polling List etc.

55

(1) This paragraph applies to any person holding a copy of a document supplied under paragraph 48(1) or (2), 50(1) or 51(1).

(2) The person must ensure that the document is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal.

(3) A person who fails to comply with sub-paragraph (2) commits an offence.

(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 5 — Supply of marked Polling List etc.

Supply of marked Polling List etc. to designated organisations

56

(1) A designated organisation may request that a counting officer supply the organisation with copies of—

(a) the marked copy of the Polling List,

(b) the marked copy of any notice setting out an alteration of the register of electors issued under—

(i) section 13B(3B) or (3D) of the 1983 Act, or

(ii) section 13BB(4) of that Act,

(d) the marked copy of the list of proxies, and

(e) the marked copy of proxy postal voters list.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(d) state the purposes for which the documents will be used and why the supply of the unmarked copies of the documents would not be sufficient to achieve those purposes.

(3) Where a request is duly made by a designated organisation under sub-paragraph (1), the counting officer must supply the documents requested if—

(a) the officer is satisfied that the organisation needs to see the marks on the marked copies of the documents in order to achieve the purpose for which they are requested, and

(b) the officer has received payment of a fee calculated in accordance with paragraph 57.

(4) A designated organisation that obtains a copy of any document referred to in sub-paragraph (1) may use it—

(a) only for—

(i) purposes in connection with the campaign in respect of the referendum identified in the declaration made by the organisation under paragraph 2 of schedule 4, or

(ii) the purposes of complying with the controls on donations and regulated transactions in that schedule, and

(b) subject to any conditions that would apply to the use of the unmarked copies of the documents by virtue of paragraph 50.

(5) Where a person (“A”) has been supplied with a copy of a document referred to in sub-paragraph (1), or information contained in such a document, by a person (“B”) to whom paragraph 50(5) applies, the restrictions in that paragraph also apply to A as they apply to B.

(6) A designated organisation may—

(a) supply a copy of a document referred to in sub-paragraph (1) to a processor for the purpose of processing the information contained in it, or

(b) procure that a processor processes and supplies to the organisation any copy of the information in such a document that the processor has obtained under this paragraph,

for use in respect of the purposes for which the designated organisation is entitled to obtain such document or information.

(7) A duty of a counting officer to supply data under this paragraph is a duty only to supply the data in the form in which the officer holds it.

(8) Paragraph 55 applies to a person holding a copy of a document supplied under this paragraph as it applies to a person holding a copy of any document supplied under paragraph 48(1) or (2), 50(1) or 51(1) (and the reference in paragraph 55(2) to the document is to be construed accordingly).

(9) In sub-paragraph (6) “processor” means a person who provides a service which consists of putting information into data form and includes an employee of such a person.

(10) In this Act, “marked copy” means—

(a) in relation to the Polling List, the copy marked as mentioned in rule 21(2)(c) of the conduct rules,

(b) in relation to a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, the copy marked as mentioned in that rule as modified by rule 21(4),

(d) in relation to the postal voters list or proxy postal voters list, the copy marked as mentioned in paragraph 23(2) of this schedule.

Fee for supply of marked Polling List etc.

57

(1) The fee to be paid in accordance with sub-paragraph (3)(b) of paragraph 56 by a designated organisation requesting the supply of a document referred to in sub-paragraph (1) of that paragraph is set out in sub-paragraph (2).

(2) The fee is £10 plus—

(a) for a copy in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request,

(b) for a copy in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.

(3) For the purposes of this paragraph, a request for a copy of the whole or the same part of a document in both printed and data form may be treated as two separate requests.

SCHEDULE 3

Publication of notice of the referendum

1

(1) The counting officer must publish notice of the referendum not later than the twenty-fifth day before the date of the referendum.

(2) For the purposes of paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(d) a day appointed for public thanksgiving or mourning.

(3) The notice must—

(a) be in the form prescribed, and

(b) set out—

(i) the date of the referendum,

(ii) the hours of polling,

(iii) a description of who is entitled to vote at each polling station, and

(iv) the situation of each polling station in the local government area.

(4) The notice must also state the day by which—

(a) applications to register to vote,

(b) applications to vote by post or by proxy,

must reach the registration officer in order that they may be effective for the referendum.

(5) As soon as practicable after publishing the notice under paragraph (1), the counting officer must give a copy of it to each of the referendum agents appointed for the area.

Hours of polling

2

The hours of polling are between 7am and 10pm.

The ballot

3

(1) The votes at the referendum are to be given by ballot.

(2) The ballot of every voter consists of a ballot paper.

(3) The ballot paper is to be of the prescribed colour.

Printing of ballot papers

4

The counting officer must arrange for the printing of the ballot papers for the counting officer’s area unless the Chief Counting Officer takes responsibility for doing so.

The corresponding number list

5

(1) The counting officer must prepare a list (the “corresponding number list”) which complies with paragraph (2).

(2) The corresponding number list must—

(a) contain the unique identifying numbers of all ballot papers to be issued in accordance with rule 8(1) or provided in accordance with rule 13(1), and

(b) be in the form prescribed.

Security marking

6

(1) Every ballot paper must bear or contain—

(a) an official mark on the front of the ballot paper, and

(b) a unique identifying number on the back of the ballot paper.

(2) The counting officer may use a different official mark for ballot papers issued for the purpose of voting by post from the official mark used for ballot papers issued for the purpose of voting in person.

(3) The counting officer may use a different official mark for different purposes.

(4) The official mark must be kept secret.

Use of schools and public rooms for polling and counting votes

7

(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a suitable room in the premises of a school to which this rule applies in accordance with paragraph (2), and

(b) any meeting room to which this rule applies in accordance with paragraph (3).

(2) This rule applies to any school maintained by an education authority.

(3) This rule applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by—

(a) the Scottish Ministers or any other part of the Scottish Administration, or

(b) any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(4) The counting officer—

(a) must pay any expenses incurred in preparing, warming, lighting and cleaning the room and restoring the room to its usual condition after use for the referendum, and

(b) must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises by reason of its being used for the purposes of taking the poll or counting the votes.

(5) For the purposes of this rule (except those of paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling.

(6) In this rule—

“dwelling” includes any part of a building where that part is occupied separately as a dwelling,

“meeting room” means any room which it is the practice to let for public meetings, and

“room” includes a hall, gallery or gymnasium.

Postal ballot papers

8

(1) The counting officer must issue to those entitled to vote by post—

(a) a ballot paper,

(b) a postal voting statement in the form prescribed, and

(2) The counting officer must also, as soon as reasonably practicable, issue to those entitled to vote by post information about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance,

(d) the directions or guidance in any other form (including in audible form).

Provision of polling stations

9

(1) The counting officer must—

(a) provide a sufficient number of polling stations, and

(b) allot the voters to the polling stations.

(2) One or more polling stations may be provided in the same room.

(3) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

10

(1) The counting officer must appoint and pay—

(a) a presiding officer to attend at each polling station, and

(b) such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may not appoint any person who is or has been involved in campaigning for a particular outcome in the referendum.

(3) The counting officer may preside at a polling station and the provisions of these rules relating to a presiding officer apply to a counting officer who so presides with the necessary modifications as to things done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(4) A presiding officer may authorise a clerk appointed under paragraph (1)(b) to do any act which the presiding officer is required or authorised by these rules to do at a polling station, except ordering the removal and exclusion of any person from the polling station.

Issue of poll cards

11

(1) The counting officer must, as soon as reasonably practicable after publishing the notice of the referendum under rule 1, send to voters whichever of the following is appropriate—

(a) an official poll card,

(b) an official postal poll card,

(d) an official postal poll card issued to the proxy of a voter.

(2) A voter’s official poll card is to be sent or delivered to the voter’s qualifying address.

(3) A voter’s official postal poll card is to be sent or delivered to the address to which the voter has stated that the ballot paper is to be sent.

(4) A proxy’s official poll card or official postal poll card is to be sent or delivered to the proxy’s address as shown in the list of proxies.

(5) The cards mentioned in paragraph (1) are to be in the form prescribed.

(6) The cards must set out—

(a) the voter’s name, qualifying address and number in the Polling List (unless the voter has an anonymous entry),

(b) the date of the referendum,

(d) the situation of the polling station allotted to the voter under rule 9(1)(b) (in the case of the cards mentioned in paragraph (1)(a) and (c)).

(7) Where a poll card is sent to a voter who has appointed a proxy, the card must also notify the voter of the appointment of the proxy.

(8) In the case of a voter who has an anonymous entry, the card must be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry.

Loan of equipment for referendum

12

(1) A council must, if requested to do so by a counting officer, loan to the counting officer any ballot boxes, fittings and compartments provided by or belonging to the council.

(2) Paragraph (1) does not apply if the council requires the equipment for immediate use by that council.

(3) A loan under paragraph (1) is to be on such terms and conditions as the council and the counting officer may agree.

Equipment of polling stations

13

(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as the counting officer considers necessary.

(2) Each ballot box is to be constructed so that the ballot papers can be put in, but cannot be withdrawn from it, without the box being opened.

(3) The counting officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the Polling List or such part of it as contains the entries relating to the voters allotted to the station,

(c) the parts of any lists of persons entitled to vote by post or by proxy prepared for the referendum corresponding to the Polling List or the part of it provided under sub-paragraph (b),

(d) copies of forms of declarations and other documents required for the purpose of the poll, and

(e) the part of the corresponding number list which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the Polling List includes a reference to copies of any notices issued under section 13B(3B) or (3D) or 13BB(4) or (5) of the 1983 Act in respect of alterations to the register of electors.

(5) A notice giving directions for the guidance of voters in voting is to be displayed—

(a) inside and outside every polling station, and

(b) in every compartment of every polling station.

(6) The notice under paragraph (5) is to be in the form prescribed.

(7) The counting officer must also provide each polling station with—

(a) an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially-sighted, and

(b) a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion.

(8) The counting officer may cause to be displayed at every polling station an enlarged sample copy of the ballot paper and may include a translation of it into such other languages as the counting officer considers appropriate.

(9) The sample copy mentioned in paragraphs (7)(a) and (8) must be clearly marked as a specimen provided only for the guidance of voters in voting.

Appointment of polling and counting agents

14

(1) A referendum agent may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation,

(b) counting agents to attend at the counting of the votes.

(2) The counting officer may limit the number of counting agents that may be appointed, so long as—

(a) the number that may be appointed by each referendum agent is the same, and

(b) the number that may be appointed by each referendum agent is not less than the number obtained by dividing the number of clerks employed on the counting by the number of referendum agents.

(3) For the purposes of paragraph (2)(b), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them.

(4) A referendum agent who appoints a polling or counting agent must give the counting officer notice of the appointment no later than the fifth day before the date of the referendum.

(5) For the purposes of paragraph (4), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(d) a day appointed for public thanksgiving or mourning.

(6) If a polling agent or counting agent dies or becomes unable to perform the agent’s functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable.

(7) A notice under paragraph (4) or (6)—

(a) must be given in writing,

(b) must give the name and address of the person appointed,

(d) in the case of a counting agent, must set out which counts the agent may attend.

(8) In schedule 2 and these conduct rules, references to polling agents and counting agents are to agents appointed under paragraph (1) or (6)—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers.

(9) Any notice required to be given to a counting agent by the counting officer may be delivered at, or sent by post to, the address stated in the notice under paragraph (4) or (6).

(10) A referendum agent may do (or assist in doing) anything that a polling or counting agent appointed by that referendum agent is authorised to do.

(11) Anything required or authorised by schedule 2 or these conduct rules to be done in the presence of polling or counting agents may be done instead in the presence of the referendum agent who appointed the polling or counting agents.

(12) Where in schedule 2 or these conduct rules anything is required or authorised to be done in the presence of polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).

Admission to polling station

15

(1) No person other than the presiding officer and the persons mentioned in paragraph (2) may attend a polling station.

(2) Those persons are—

(a) voters,

(b) persons under the age of 16 accompanying voters,

(d) the Member of Parliament for the constituency in which the polling station is situated,

(e) the member of the Scottish Parliament for the constituency in which the polling station is situated,

(f) members of the Scottish Parliament for the region in which the polling station is situated,

(g) members of the council for the electoral ward in which the polling station is situated,

(h) members of the European Parliament for the electoral region of Scotland,

(i) the clerks appointed to attend at the polling station,

(j) the Chief Counting Officer and members of the Chief Counting Officer’s staff,

(k) the counting officer and members of the counting officer’s staff,

(l) constables on duty,

(m) persons entitled to attend by virtue of section 18, 19 or 20,

(n) referendum agents,

(o) polling agents appointed to attend at the polling station, and

(p) any other person the presiding officer permits to attend.

(3) In paragraph (2)(g), “electoral ward” has the meaning given by section 1 of the Local Governance (Scotland) Act 2004.

(4) The presiding officer may regulate the total number of voters and persons under the age of 16 accompanying voters who may be admitted to the polling station at the same time.

(5) Not more than one polling agent is to be admitted at the same time to a polling station on behalf of the same permitted participant.

(6) A constable or a member of the counting officer’s staff may only be admitted to vote in person elsewhere than at the polling station allotted under rule 9(1)(b), in accordance with paragraph 1(5) of schedule 2, on production of a certificate which satisfies the requirements set out in paragraph (7).

(7) A certificate must—

(a) be signed by—

(i) in the case of a constable, an officer of police of the rank of inspector or above, or

(ii) in the case of a member of the counting officer’s staff, the counting officer, and

(b) be in the form prescribed.

(8) A certificate produced under paragraph (6) must be immediately cancelled.

Notification of requirement of secrecy

16

(1) The counting officer must make such arrangements as are reasonably practicable to ensure that—

(a) every person attending at a polling station has been given a copy of the provisions of sub-paragraphs (1), (3), (5), (8), (9) and (10) of paragraph 7 of schedule 7,

(b) every person attending at the counting of the votes has been given a copy of sub-paragraphs (4), (9) and (10) of that paragraph.

(2) Paragraph (1) does not require the provision of that information to—

(a) a person attending the polling station for the purpose of voting,

(b) a person under the age of 16 accompanying a voter,

(d) a constable on duty at a polling station or at the count.

Keeping of order in polling station

17

(1) The presiding officer must keep order at the polling station.

(2) If a person—

(a) obstructs the operation of the polling station,

(b) obstructs any voter in polling, or

the presiding officer may order the person to be removed immediately from the polling station.

(3) A person may be removed—

(a) by a constable, or

(b) by the presiding officer.

(4) A person removed under paragraph (2) must not enter the polling station again during that day without the presiding officer’s permission.

(5) A person removed under paragraph (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

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