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The Scottish Parliament (Elections etc.) Order 2015

Type Scottish-Statutory-Instrument

Publication 2015-12-15

Last updated 2025-12-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(1) No member of the Police Service of Scotland shall, at a Scottish parliamentary election, by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, that person’s vote, whether as an elector or as proxy, for the return of any constituency or regional member.

(2) A person acting in contravention of paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that paragraph shall subject a member of the Police Service of Scotland to any penalty for anything done in the discharge of that person’s duty as a member of the force.

False statements as to candidates

69

(1) A person who, or any director of any body or association corporate which—

(a) before or during a Scottish parliamentary election;

(b) for the purpose of affecting the candidate for whom, or registered party for which, a vote is given at the election,

makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate (including any candidate included in a registered party’s regional list) shall be guilty of an illegal practice, unless that person or director can show that that person or, as the case may be, director had reasonable grounds for believing, and did believe, the statement to be true.

(2) Except in a case to which paragraph (3) applies, a candidate shall not be liable, nor shall the candidate’s election be avoided, for any illegal practice under paragraph (1) committed—

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by the candidate’s agent other than the candidate’s election agent;

(b) in the case of a candidate included in a registered party’s regional list, by the agent of that party other than its election agent.

(3) This paragraph applies where—

(a) it can be shown that the candidate or the candidate’s election agent or in the case of a candidate on a registered party’s regional list, that registered party’s election agent in relation to that list, has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

(b) an election court finds and reports that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(4) A person making or publishing any false statement of fact as mentioned above may be restrained by interdict or interim interdict of the Court of Session or the sheriff from any repetition of that false statement or of a false statement of a similar character in relation to the candidate.

(5) Any person who, before or during a Scottish parliamentary election, knowingly publishes a false statement of a withdrawal of candidature at the election for the purpose of promoting or procuring a particular result at that election shall be guilty of an illegal practice.

(6) A candidate shall not be liable, nor shall the candidate’s election be avoided, for any illegal practice under paragraph (5) committed by the candidate’s agent (or in the case of a candidate included in a party’s regional list, the agent of that party) other than the election agent for that candidate, or as the case may be, party.

Corrupt withdrawal from candidature

70

Any person who corruptly induces or procures any other person to withdraw from being a candidate at a Scottish parliamentary election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Payments for exhibition of election notices

71

(1) No payment or contract for payment for the purpose of promoting or procuring a particular result at a Scottish parliamentary election shall be made to an elector or an elector’s proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after an election—

(a) the person making the payment or contract; and

(b) if the person knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

Details to appear on election publications

72

(1) This article applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well) other than material to which section 143 of the 2000 Political Parties Act⁴³ (details to appear on election material) applies.

(2) No material to which this article applies shall be published unless—

(a) in the case of material which is, or is contained in, such a document as is mentioned in paragraph (4), (5) or (6), the requirements of that paragraph are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under paragraph (7) are complied with.

(3) For the purposes of paragraphs (4) to (6), the following details are “the relevant details” in the case of any material falling within paragraph (2)(a), namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(3A) Subject to paragraph (3B), for the purposes of paragraphs (4) to (6), the relevant details (as defined in paragraph (3)) must conform to the following specifications—

(a) type size of at least 11 points as measured in font ‘TimesNewRoman’ not narrowed, and

(b) space between text lines of at least 3mm.

(3B) Paragraph (3A) does not apply where—

(a) in the case of paragraph (4) or (5), the document consists (or consists principally) of material which is less than the size of A4 paper, or

(b) in the case of paragraph (6), the advertisement contained in the newspaper or periodical covers a total space which is less than the size of one sheet of A4 paper,

and in such cases, the relevant details must be in type size of at least 9 points as measured in font ‘Times New Roman’ not narrowed and the space between text lines must be at least 2mm.

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in paragraph (3)(b) and (c) must be included in the advertisement.

(7) The Scottish Ministers may, after consulting the Electoral Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within paragraph (2)(b) of the following details, namely—

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(8) Regulations under paragraph (7) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this article by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.

(9) Where any material falling within paragraph (2)(a) is published in contravention of paragraph (2), then (subject to paragraphs (11) and (12))—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Where any material falling within paragraph (2)(b) is published in contravention of paragraph (2), then (subject to regulations made by virtue of paragraph (8)(b) and to paragraph (11) and (12))—

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) It shall be a defence for a person charged with an offence under this article to prove—

(a) that the contravention of paragraph (2) arose from circumstances beyond that person’s control; and

(b) that that person took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(12) Any candidate or election agent who would (apart from this paragraph) be guilty of an offence under paragraph (9) or (10), shall instead be guilty of an illegal practice.

(13) In this article—

“address” means postal address;

“print” means print by whatever means, and “printer” shall be construed accordingly;

“the promoter”, in relation to any material to which this article applies, means the person causing the material to be published;

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (including by electronic means).

(14) For the purpose of determining whether any material is material such as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.

(15) Regulations under paragraph (7) shall be subject to the negative procedure.

Prohibition of paid canvassers

73

If a person (“P”) is, either before, during or after a Scottish parliamentary election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the election both P and the person so engaging or employing P shall be guilty of illegal employment.

Providing money for illegal purposes

74

Where a person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Order;

(b) for any expenses incurred in excess of the maximum amount allowed by this Order; or

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 of the 1983 Act (as applied by this Order)⁴⁴ (application for relief) to be an exception, that person shall be guilty of an illegal payment.

Bribery

75

(1) A person shall be guilty of a corrupt practice if that person is guilty of bribery.

(2) A person (“P”) shall be guilty of bribery if P, directly or indirectly—

(a) gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting;

(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting; or

(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, a particular result at a Scottish parliamentary election or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above P procures or engages, promises or endeavours to procure a particular result at a Scottish parliamentary election or the vote of any voter.

(3) For the purposes of paragraph (2)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration; and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place or employment.

(4) A person shall be guilty of bribery if that person advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at a Scottish parliamentary election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

(5) The foregoing provisions of this article shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a Scottish parliamentary election.

(6) A voter shall be guilty of bribery if before or during a Scottish parliamentary election the voter directly or indirectly receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for that voter or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(7) A person shall be guilty of bribery if after a Scottish parliamentary election that person directly or indirectly receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(8) In paragraphs (2), (6) and (7) a reference to a thing being done by a person includes a reference to a thing being done on behalf of that person.

(9) In this article the expression “voter” includes any person who has or claims to have a right to vote.

Treating

76

(1) A person shall be guilty of a corrupt practice if that person is guilty of treating.

(2) A person shall be guilty of treating if that person corruptly either before, during or after a Scottish parliamentary election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector or proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

(4) In this article a reference to a thing being done by a person includes a reference to a thing being done on behalf of that person.

Undue influence

77

(1) A person is guilty of a corrupt practice if that person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraph (4)(a) to (f) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted a particular way or to have refrained from voting.

(4) The following activities fall within this paragraph—

(a) using, or threatening to use, violence against a person,

(b) damaging or destroying, or threatening to damage or destroy, a person’s property,

(d) causing, or threatening to cause, financial loss to a person,

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person,

(f) doing any other act designed to intimidate a person,

(g) doing any act designed to deceive a person in relation to the administration of an election.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by P if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

Rights of creditors

78

The provisions of this Part prohibiting—

(a) payments and contracts for payments;

(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Order; or

do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Order.

Savings as to Scottish parliamentary elections

79

(1) Where a person has been declared by others to be a candidate at a Scottish parliamentary election without that person’s consent, nothing in this Part shall be construed to impose any liability on that person, unless that person has afterwards given assent to the declaration or has been nominated.

(2) Nothing in this Part makes it illegal for an employer to permit any elector or proxy to take a leave of absence from employment for a reasonable time for the purpose of voting at the poll at a Scottish parliamentary election without having any deduction from their salaries or wage on account of their absence, if the permission—

(a) is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in the employer’s employment;

(b) is not given with a view to inducing any person to record that person’s vote for any particular candidate or, as the case may be, registered party at the election; and

(c) is not refused to any person for the purpose of preventing that person from recording that person’s vote for any particular candidate or, as the case may be, registered party,

but this paragraph shall not be construed as making illegal any act which would not be illegal apart from this paragraph.

Interpretation of Part 3

80

(1) In this Part, unless the context otherwise requires—

a person becomes a “candidate” in relation to a Scottish parliamentary election—on the date ...— which is 27 days before the date of the poll, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time); orin the case of an election under section 9 of the 1998 Act (constituency vacancies), of the occurrence of the vacancy,in connection with which the notice of election is issued if on or before that date the person has been declared to be a candidate at the election; andotherwise, on the day on which the person is so declared or on which the person is nominated as a candidate at the election (whichever is the earlier);

“date of the allowance of an authorised excuse” has the meaning given by article 53(9);

“declaration as to election expenses” means a declaration made under article 48 or 49;

“disputed claim” has the meaning given by article 45(1) as extended by article 46;

“money” (except in article 75) and “pecuniary or other reward” shall be deemed to include—any office, place or employment;any valuable security or other equivalent of money; andany valuable consideration,and expressions referring to money shall be construed accordingly;

“payment” includes any pecuniary or other reward; and

“personal expenses” as used with respect to the expenditure of any candidate in relation to any Scottish parliamentary election—includes the expenses described in paragraph (2), but only where reasonably incurred by the candidate for the purposes of and in relation to the election;to the extent that the expenditure falls within paragraph (2)(c), is to be ignored for the purpose of calculating the personal expenditure limits in article 39(1), but is to be included in the statement of the amount of personal expenses required by article 39(3) and in the declaration as to election expenses required by article 49(1).

(2) Matters included as personal expenses are—

(a) travelling expenses;

(b) expenses of living at hotels or elsewhere;

(c) expenses that are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.

Computation of time for purposes of Part 3

81

(1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part is any of the days mentioned in paragraph (2)—

(a) the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and

(b) in computing any period of not more than seven days for the purposes of this Part any of the days so mentioned shall be disregarded.

(2) The days referred to in paragraph (1) are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday, a day which is a bank holiday in Scotland under section 1 of the Banking and Financial Dealings Act 1971⁴⁵, or a day appointed for public thanksgiving or mourning.

PART 4 — LEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections

82

(1) The provisions of the 1983 Act which are specified in the left hand column of Part 1 of Schedule 6 shall apply—

(a) as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;

(b) subject to paragraph (3); and

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.

(2) The provisions of the 1983 Act which are specified in the left hand column of Part 2 of Schedule 6 shall apply—

(a) as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;

(b) subject to paragraph (3); and

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.

(3) Unless the context otherwise requires, in the provisions applied by Schedule 6—

(a) any provision relating to a local government election or local government electors and associated references (including a reference to a petition questioning an election under the Local Governance (Scotland) Act 2004⁴⁶) shall be disregarded;

(b) any reference to a parliamentary election shall be construed as a reference to a Scottish parliamentary election ... and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;

(i) in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;

(ii) in relation to any election or return of a regional member, as a reference to a region;

(d) any reference to promoting or procuring the election of a candidate shall be construed as a reference to promoting or procuring the giving of a vote for a particular candidate or registered party at the election;

(e) any reference to a candidate, other than the one referred to in sub-paragraph (d), shall be construed as a reference to either—

(i) a candidate on a registered party’s regional list; or

(ii) an individual candidate,

as the case may be;

(f) any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;

(g) any reference to a member in the context of a Member of Parliament shall be construed as a reference to a member of the Scottish Parliament;

(h) any reference to a parliamentary election petition (except in the context of the rota for the trial of parliamentary election petitions) shall be construed as a reference to a Scottish parliamentary election petition;

(i) any reference to the High Court shall be construed as a reference to the Court of Session and any reference to the County Court or a judge of that Court shall be construed as a reference to the sheriff;

(j) any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;

(k) any reference to a return in the context of a return to the writ of election (and the return to Parliament) shall be construed as a reference to the declaration of the result by the returning officer under rule 62 or, as the case may be, rule 65 of the Scottish Parliamentary Election Rules;

(l) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Part of this Order; and

(m) any reference to an offence under the 1983 Act or to a practice, payment, employment or hiring made corrupt or illegal by any provision of that Act shall be construed, subject to any necessary modifications, as a reference to the offence under, or practice, payment, employment or hiring made illegal by, the corresponding provision of this Order.

PART 5 — MISCELLANEOUS AND SUPPLEMENTAL

Vacancies: constituency seats

83

Where the seat of a constituency member is vacant and the date of the poll at an election to fill that vacancy is fixed by the Presiding Officer of the Parliament under section 9 of the 1998 Act (constituency vacancies), the Presiding Officer shall forthwith send a notice to the CRO for that constituency stating—

(a) that the vacancy exists; and

(b) the date fixed for the poll at the election to fill that vacancy.

Dissolution of Parliament: minimum period

84

The “minimum period” for the purpose of section 2(3) of the 1998 Act (ordinary general elections) is a period of 20 days, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time).

85

The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984⁴⁷ shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to a Scottish parliamentary election as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Forms and documents: variations and translations

86

(1) The forms set out in the Appendix may be used with such variations as the circumstances may require.

(2) Paragraphs (3) and (4) apply to any document which under or by virtue of this Order is required or authorised to be given to voters or displayed in any place.

(3) The person who is required or authorised to give or display the document must, as that person thinks appropriate, give or display or otherwise make available in such form as that person thinks appropriate—

(a) the document in Braille;

(b) the document in languages other than English;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(4) The person required or authorised to give or display the document must also, as that person thinks appropriate, make available the information contained in the document in such audible form as that person thinks appropriate.

(5) Paragraphs (3) and (4) do not apply to—

(a) the nomination paper;

(b) a ballot paper.

(6) The CRO must cause to be displayed at every polling station an enlarged sample copy of a ballot paper.

(7) The sample copy mentioned in paragraph (6) may include a translation of any instructions to voters into such other languages as the CRO thinks appropriate.

(8) The CRO must provide at every polling station an enlarged hand held sample copy of a ballot paper for the assistance of voters who are partially sighted, which must be clearly marked as a specimen provided only for the guidance of voters.

Sending of applications, notices etc.

87

(1) Any application, notice, claim or objection which is required by this Order to be made to an ERO, CRO or RRO shall be made in writing and sent by post or delivered to that officer’s office or to the address specified by that officer for the purpose.

(2) Where an ERO, CRO or RRO is required by this Order to notify any person, such notification shall be in writing and may be sent by post—

(a) in the case of a person other than a service voter, to the address provided by that person for the purpose of such notification or of any record or, if there is no such address, to the last known place of abode of that person;

(b) in the case of a service voter, to any address provided by that service voter for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate government department (as defined by section 59(3B) of the 1983 Act⁴⁸ (meaning of “the appropriate government department”) or, as the case may be, the British Council.

(3) Any requirement in this Order that any application, notice or representation should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means,

(b) is received in legible form, and

Interference with notices etc.

88

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by an ERO, CRO or RRO in connection with that officer’s duties under this Order or any copies of a document which have been made available for inspection in pursuance of those duties, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes

89

Section 98 of the 1983 Act⁴⁹ (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result at a Scottish parliamentary election.

Correction of procedural errors

90

(1) A CRO or RRO may take such steps as that officer thinks appropriate to remedy any act or omission on that officer’s part, or on the part of a relevant person, which—

(a) arises in connection with any function that officer or relevant person has under this Order in relation to the Scottish parliamentary election, and

(b) is not in accordance with the rules or any other requirements applicable to the election.

(2) But a CRO or RRO may not under paragraph (1) re-count the votes given at a Scottish parliamentary election—

(a) for return of a constituency member after the result of the poll for the return of a constituency member has been declared, or

(b) for the return of regional members, after the publication of the statement required by rule 61 of the Scottish Parliamentary Election Rules.

(3) These are the relevant persons—

(a) an ERO;

(b) a presiding officer;

(d) a depute of any person mentioned in sub-paragraphs (a) to (c) or a person appointed to assist, or in the course of that person’s employment assisting, such a person in connection with any function that person has in relation to the Scottish parliamentary election under this Order.

(4) Where a CRO or RRO is guilty of an act or omission in breach of that officer’s official duty, but remedies that act or omission in full by taking steps under paragraph (1), that officer shall not be guilty of any offence under article 28(1), but this paragraph shall not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

Effect of demise of the Crown

91

A proclamation dissolving the Parliament as mentioned in section 2(5) , or requiring the poll at the election to be held on a different day as mentioned in section 2(5E), of the 1998 Act shall not be affected by the demise of the Crown.

Consequential amendment

92

In the definition of “election petition” in rule 69.1 of the Rules of the Court of Session 1994⁵⁰ (interpretation of Chapter 69: election petitions), for “article 84 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2010” substitute “article 82 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2015”.

Revocations

93

(1) The Orders specified in Schedule 9 (revocations) are revoked, to the extent specified in that Schedule.

(2) The Orders revoked by paragraph (1) shall continue to have effect on and after the day on which they are revoked as they had effect immediately before that day, for the purposes of any election to be held on or before 4th April 2016.

SCHEDULE 1 — SUPPLY OF ELECTORAL REGISTERS

Supply of free copy of full register for electoral purposes

1

(1) As soon as practicable after the relevant date, an ERO shall supply free of charge to the returning officer for the local authority or, as the case may be, each local authority for the registration area as many printed copies of—

(a) the latest revised version of the register of electors published under section 13(1) or (3) of the 1983 Act⁵¹, as the case may be;

(b) any notice setting out an alteration to the version of the register of electors published under sections 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of that Act⁵²; and

as the returning officer may reasonably require for the purposes of a Scottish Parliamentary election.

(2) In sub-paragraph (1)—

(a) “relevant date” means—

(i) in the case of a general election of members of the Scottish Parliament, the date which is 27 days before the date of the poll, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time);

(ii) where the Presiding Officer has proposed a day for the holding of the poll under section 2(5) or (5E), or 3(2) or (2B) of the 1998 Act, the announcement of Her Majesty’s proclamation in terms of section 2(5) or (5E), or 3(2) or (2B); or

(iii) the date on which a vacancy occurs in a constituency seat;

(b) the duty to supply as many printed copies of the register and notices as the returning officer may reasonably require includes a duty to supply one copy of each in data form.

(3) The duty under sub-paragraph (1) may be discharged by supplying copies of a consolidated document showing the entries in the version of the register referred to in sub-paragraph (1)(a) as altered by any notice referred to in sub-paragraph (1)(b) and the entries in the record referred to in sub-paragraph (1)(c) together with a copy of that document in data form.

(4) No person to whom a copy of the register of electors, a notice or a record has been supplied under this paragraph may—

(a) supply a copy of that register, that notice or that record to any person;

(b) disclose any information contained in any of them (that is not contained in the edited register); or

except for the purposes of an election⁵³.

Supply of full register etc. under paragraphs 3 and 4: general provisions

2

(1) The persons or organisations falling within paragraph 3 or 4 may request the ERO to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following—

(a) a revised version of the register of electors published under section 13(1) or (3) of the 1983 Act;

(b) any notice setting out an alteration to the register of electors published under sections 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of that Act.

(2) Such a request shall be made in writing and shall—

(a) specify the documents requested;

(b) subject to sub-paragraph (6), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(c), the copy of a document supplied under this paragraph shall be in data form.

(4) The ERO shall supply the relevant part of the documents referred to in sub-paragraph (1) in accordance with a request that has been duly made.

(5) The duty under sub-paragraph (4) may be discharged by supplying a copy (or a copy in data form as appropriate) of a consolidated document showing the entries in the relevant part of the version of the register referred to in sub-paragraph (1)(a) as altered by any notice referred to in sub-paragraph (1)(b).

(6) A candidate falling within paragraph 4(1) or (2) may not make the request set out in sub-paragraph (2)(b), but an election agent may make that request on behalf of a registered party.

(7) A person who obtains a copy of any document under sub-paragraph (4) may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraph 3 or 4 entitles that person to obtain that document for that purpose shall apply to such use.

Supply of full register etc. to elected representatives for electoral purposes and restrictions on use

3

(1) This paragraph applies to—

(a) a constituency member of the Scottish Parliament for a constituency which is situated wholly or partly within the registration area; and

(b) each regional member of the Scottish Parliament for an electoral region in which the registration area is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision—

(a) in the case of a constituency member of the Scottish Parliament, is so much of them as relates to the whole or any part of the constituency which the member represents as falls within the registration area;

(b) in the case of a regional member of the Scottish Parliament, is so much of them as relates to the whole or any part of the region which the member represents as falls within the registration area.

(3) No person to whom this paragraph applies and who has been supplied with a copy of the register of electors or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person;

(b) disclose any information contained in them (that is not contained in the edited register); or

except for purposes in connection with the office by virtue of which the person is entitled to the register of electors or for electoral purposes⁵⁴.

Supply of full register etc. to certain candidates and restrictions on use

4

(1) This paragraph applies to a candidate at a Scottish parliamentary election where any part of the area in respect of which the candidate stands for election includes the whole or part of the registration area.

(2) In this paragraph “candidate” includes an individual regional candidate at a Scottish parliamentary election.

(3) In the case of a registered party which submits a list of candidates as regional members at a Scottish Parliamentary election, the entitlement otherwise conferred by this paragraph on a candidate is conferred on the election agent of that party.

(4) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to the area for which the candidate is standing.

(5) No candidate or election agent to whom a copy of the register of electors or notices has been supplied under paragraph 2 by virtue of this paragraph may—

(a) supply a copy of that register or those notices to any person;

(b) disclose any information contained in them (that is not contained in the edited register); or

except for electoral purposes⁵⁵.

Meaning of “edited register” and “registration area”

5

In this Schedule a reference to the edited register is a reference to the version of the register of electors published under regulation 93 of the 2001 Regulations⁵⁶ and a reference to the registration area is a reference to the area for which the ERO acts.

Information about persons aged under 16

6

No register or notice supplied by virtue of this Schedule is to contain information about any person aged under 16 years, except where—

(a) the supply is undertaken for the purposes of an election,

(b) the information is needed for the purposes of or in connection with that election, and

(c) the person whose information it contains will have attained the age of 16 on or before the date of the poll for that election.

SCHEDULE 2 — SCOTTISH PARLIAMENTARY ELECTION RULES

PART 1 — PROVISIONS AS TO TIME

Timetable

1

(1) The proceedings at a Scottish parliamentary election shall be conducted in accordance with the following Table—

Proceeding	Time	Time
Publication of notice of election.	Not earlier than the thirty-fifth day before the date of the poll and not later than the twenty-eighth day before the date of the poll.	Not earlier than the thirty-fifth day before the date of the poll and not later than the twenty-eighth day before the date of the poll.
Delivery of nomination papers.	Not later than 4 pm on any day after the date of the publication of the notice of election but not later than the twenty-third day before the date of the poll.	Not later than 4 pm on any day after the date of the publication of the notice of election but not later than the twenty-third day before the date of the poll.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but—	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but—
The making of objections to nomination papers.	(a)	no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and
The making of objections to nomination papers.	(b)	the foregoing provisions do not apply to objections made in pursuance of rule 21 or 22.
Delivery of notice of withdrawal of candidature.	Within the time for the delivery of nomination papers at the election.	Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated.	(a)	If no objections to nomination papers are made, at the close of the time for doing so, or
Publication of statement of persons nominated.	(b)	if any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers.
Polling	Between the hours of 7 am and 10 pm on the date of the poll.	Between the hours of 7 am and 10 pm on the date of the poll.

(2) In the Table in paragraph (1) a reference to “nomination papers” includes constituency nomination papers, individual nomination papers and regional lists.

Computation of time

2

In computing any period of time for the purposes of the Table in rule 1(1)—

(a) a Saturday or Sunday;

(b) Christmas Eve, Christmas Day, Good Friday or Easter Monday;

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

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a CRO be obliged to proceed with the counting of votes on such a day.

PART 2 — STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

3

(1) The CRO shall publish notice of the election stating—

(a) the place and times at which constituency nomination papers are to be delivered;

(b) that forms of such nomination papers may be obtained at that place and at those times; and

(2) The RRO shall publish a notice of election stating—

(a) the place or places and times at which individual nomination papers and regional lists are to be delivered;

(b) that forms of such papers and lists may be obtained at that place or those places and at those times; and

(3) A notice of election under paragraph (1) or (2) shall state the dates by which—

(a) applications to vote by post or by proxy; and

(b) other applications and notices about postal or proxy voting,

must reach the ERO in order that they may be effective for the election.

(4) A notice of election under paragraph (1) or (2) must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

Nomination

Nomination of candidate for return as a constituency member

4

(1) Each candidate for return as a constituency member shall be nominated by a separate nomination paper (referred to in these Rules as a “constituency nomination paper”), in the form E set out in the Appendix, delivered to the CRO at the place fixed under rule 11 for this purpose.

(2) The constituency nomination paper shall be signed by the candidate and by a witness to the candidate’s signature.

(3) The constituency nomination paper shall state the candidate’s—

(a) name in full;

(b) home address in full; and

and the surname shall be placed first in the list of the candidate’s names.

(4) If a candidate commonly uses a surname or forename in addition to, or instead of, any other surname or forename the candidate has, the nomination paper may state the commonly used surname or forename in addition to, or instead of, the other name, as the case may be.

(5) The description, if any, must consist of—

(a) the name of one registered party;

(b) the names of two registered parties; or

(6) In paragraph (5) “name” means, subject to paragraph (7), the name as it has been registered under section 28 of the 2000 Political Parties Act⁵⁸ (registration of parties).

(7) Where the word “Scottish” is not used in a name so registered, the name given on the nomination paper may be preceded by that word (disregarding for this purpose the word “the” where it is the first word of the registered name).

(8) A description falling within paragraph (5)(b) may, in addition to the names of the parties, contain the word “and” between the names of the parties.

(9) If any constituency nomination paper includes the name of a registered party that has been preceded by the word “Scottish” by virtue of paragraph (7), then these Rules shall apply as if the name of the registered party of the relevant candidate included that word.

(10) The constituency nomination paper shall also state the name and address of the witness to the candidate’s signature.

Nomination of individual candidate for return as a regional member

5

(1) Each individual candidate for return as a regional member shall be nominated by a separate nomination paper (referred to in these Rules as an “individual nomination paper”), in the form F set out in the Appendix, delivered to the RRO at the place or a place fixed under rule 12 for this purpose.

(2) The individual nomination paper shall be signed by the candidate and by a witness to the candidate’s signature.

(3) The individual nomination paper shall state the candidate’s—

(a) name in full;

(b) home address in full; and

and the surname shall be placed first in the list of the candidate’s names.

(4) If a candidate commonly uses a surname or forename in addition to, or instead of, any other surname or forename the candidate has, the nomination paper may state the commonly used surname or forename in addition to, or instead of, the other name, as the case may be.

(5) The individual nomination paper shall also state the name and address of the witness to the candidate’s signature.

Nomination of candidates on a regional list

6

(1) A registered party’s regional list of candidates to be regional members for a particular region shall be in the form G set out in the Appendix and that party shall be nominated by the submission of that list by the party’s nominating officer or a person authorised in writing by that officer to the RRO at the place or a place fixed under rule 12 for this purpose.

(2) Each regional list shall include the name of the registered party, and, if desired, a description of that party which has been registered under section 28A of the 2000 Political Parties Act⁵⁹, and the use of that name and, where applicable, description shall be authorised by a certificate issued by or on behalf of the registered nominating officer of the party in the form H1 set out in the Appendix.

(3) The name of the registered party authorised by the nominating officer in accordance with paragraph (2) may be preceded (disregarding, for this purpose, the word “the” where it is the first word of the name) by the word “Scottish” if that word is not used in the name of the party registered under section 28 of the 2000 Political Parties Act.

(4) If the name of any registered party authorised by the nominating officer has been preceded by the word “Scottish” in accordance with paragraph (3), then these Rules shall apply as if the name of the registered party included that word.

(5) Each regional list shall set out the names and home addresses, in full, of each candidate included in that list and shall be accompanied by a statement of the names by which each such candidate is to be known for the purposes of the election, which may include any forename or surname that the candidate commonly uses.

(6) Each regional list shall include a statement that it is issued by the nominating officer of the registered party in question or by a person authorised in writing by that officer.

(7) Each regional list may be accompanied by a request made by or on behalf of the nominating officer of the party in question that the regional ballot paper shall contain against the party’s name the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(8) In the application of this rule and rule 7, in relation to an election—

(a) “registered party” means a party which was registered under Part 2 of the 2000 Political Parties Act on the day which is two days before the last day for the delivery of nomination papers at the election (“the relevant day”); and

(b) a registered party is a qualifying party in relation to a constituency if the party was, on the relevant day, registered in respect of Scotland in the Great Britain register maintained under that Part of that Act.

(9) For the purposes of paragraph (8)(a), any day falling within rule 2 shall be disregarded.

Constituency nomination papers: name of registered party

7

(1) A constituency nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered party or parties unless the party (or each party) is a qualifying party in relation to the constituency and the description is authorised by a certificate in the form H2 set out in the Appendix—

(a) issued by or on behalf of the nominating officer of that party (or each party); and

(b) received by the CRO at some time during the period for the delivery of nomination papers set out in the Table in rule 1(1).

(2) A person shall be guilty of a corrupt practice if the person fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered party’s nominating officer.

Nomination papers and regional lists: miscellaneous

8

(1) The CRO shall—

(a) supply any person with a form of constituency nomination paper at the place and during the time for delivery of nomination papers; and

(b) at any person’s request, prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the CRO.

(2) The RRO shall—

(a) supply any person with a form of individual nomination paper at the place or a place, and during the time, for delivery of nomination papers; and

(b) at any person’s request, prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the RRO.

(3) The RRO shall, on request, supply any person with a form of regional list, but it is not necessary for a regional list to be submitted in the form supplied by the RRO.

9

(1) Subject to paragraph (3), a person shall not be validly nominated as a candidate for return as a constituency member unless that person’s consent to nomination—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of constituency nomination papers;

(b) is attested by one witness; and

(2) Subject to paragraph (3), a person shall not be validly nominated as an individual candidate for return as a regional member or as a candidate on a registered party’s regional list unless that person’s consent to nomination—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual nomination papers and regional lists;

(b) is attested by one witness; and

(c) is delivered at the place or a place, and within the time, for the delivery of individual nomination papers and regional lists.

(3) If the appropriate returning officer is satisfied that, owing to the absence of a person (“P”) from the United Kingdom it has not been reasonably practicable for P’s consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to P’s nomination and purporting to have been sent by P shall be deemed for the purposes of this rule to be consent in writing given by P on the day on which it purports to have been sent, and attestation of P’s consent shall not be required.

(4) The consent of a candidate (“Q”) given under this rule—

(a) shall state the day, month and year of Q’s birth; and

(b) shall state—

(i) that Q is aware of the provisions of sections 15 to 18 of the 1998 Act⁶⁰ and of any Order in Council made under section 15 of that Act;

(ii) that to the best of Q’s knowledge and belief Q is not disqualified from being a member of the Scottish Parliament;

(iii) in the case of a candidate for return as a constituency member, that Q is aware of the provisions of sections 5(2) and 9(6) of the 1998 Act and that, to the best of Q’s knowledge and belief, Q may stand as a candidate to be a member for that constituency;

(iv) in the case of a candidate on a registered party’s regional list, that Q is aware of the provisions of section 5(7) of the 1998 Act and that, to the best of Q’s knowledge and belief, Q may be included in that list;

(v) in the case of an individual candidate for return as a regional member, that Q is aware of the terms of section 5(8) of the 1998 Act and, to the best of Q’s knowledge and belief, Q may stand as an individual candidate to be a regional member for that region.

Deposit

10

(1) A person shall not be validly nominated as a candidate for return as a constituency member unless the sum of £500 is deposited by, or on behalf of, that person with the CRO at the place and during the time for delivery of nomination papers.

(2) An individual candidate for return as a regional member shall not be validly nominated unless the sum of £500 is deposited by, or on behalf of, that candidate with the RRO at the place or a place, and during the time, for delivery of individual nomination papers.

(3) A registered party shall not be validly nominated in relation to a regional list of that party for a particular region unless the sum of £500 is deposited by or on behalf of the party’s nominating officer with the RRO at the place or a place, and during the time, for delivery of regional lists.

(4) The deposit may be made—

(a) by the deposit of any legal tender; or

(b) by means of a banker’s draft; or

(c) with the appropriate returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if that officer does not know that the drawer carries on business as a banker in the United Kingdom.

(5) Where the deposit is made on behalf of a candidate for return as a constituency member or an individual candidate for return as a regional member, the person making the deposit shall at the time of making it give that person’s name and address to the appropriate returning officer unless that information has previously been given to that officer under article 32 (appointment of election agent) or rule 4 or 5.

(6) Where the deposit is made on behalf of a party’s nominating officer the person making the deposit shall at the time of making it give that person’s name and address to the RRO unless that information has previously been given to that officer under article 32 or rule 6.

Place for delivery of constituency nomination papers

11

(1) The CRO shall fix the place at which constituency nomination papers (together with home address forms) are to be delivered to the CRO, and shall attend there during the time for their delivery and for making of objections to them.

(2) The place shall be in—

(a) the constituency;

(b) the local government area or (if more than one) any of the local government areas in which the constituency is situated; or

(c) any local government area adjoining the local government area or areas (as the case may be) in which the constituency is situated.

Place for delivery of individual nomination papers and regional lists

12

(1) The RRO shall fix the place or places at which individual nomination papers and regional lists are to be delivered to the RRO, and the RRO shall attend there during the time for their delivery and for making objections to them.

(2) The place or places shall be in the region.

Right to attend nomination

13

(1) Except for the purpose of delivering a constituency nomination paper or of assisting the CRO, no person is entitled to attend the proceedings during the time for delivery of constituency nomination papers or for making objections to them unless that person is—

(a) a person standing nominated as a candidate for return as a constituency member;

(b) the election agent of such a person;

(d) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Political Parties Act⁶¹ (representatives of the Electoral Commission),

but where a candidate acts as the candidate’s own election agent the candidate may name one other person who shall be entitled to attend in place of the candidate’s election agent.

(2) The right to attend conferred by paragraph (1) includes the right to inspect and to object to the validity of any constituency nomination paper.

(3) Paragraph (2) does not apply to a person mentioned in paragraph (1)(d).

(4) Except for the purpose of delivering an individual nomination paper or regional list or of assisting the RRO, no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or regional lists or for making objections to them unless that person is—

(a) a person standing nominated as an individual candidate for return as a regional member;

(b) the election agent of such a person;

(d) the election agent or nominating officer of a party which has submitted a regional list; or

(e) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Political Parties Act,

but where an individual candidate acts as the candidate’s own election agent, or a candidate on a party’s regional list acts as election agent of that party in relation to that list, the candidate may name one other person who shall be entitled to attend in place of the election agent for that individual candidate or, as the case may be, party.

(5) The right conferred by paragraph (4) includes the right to inspect and to object to the validity of any individual nomination paper or any regional list (including the nomination of any candidate on such a list).

(6) Paragraph (5) does not apply to a person mentioned in paragraph (4)(e).

(7) One other person chosen by the candidate is entitled to be present at the delivery of the candidate’s nomination under paragraph (1) or (4), and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) or (4) as the case may be, but without any such right as is conferred by paragraph (2) or (5).

Decisions as to validity of constituency nomination papers

14

(1) Where a constituency nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the CRO decides that the constituency nomination paper is invalid;

(b) proof is given to the CRO’s satisfaction of the candidate’s death; or

(2) The CRO is entitled to hold a constituency nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate or the witness signing the paper are not as required by law;

(b) that the paper is not witnessed as so required;

(c) that the candidate is disqualified by virtue of the Representation of the People Act 1981⁶² (disqualification of certain offenders for membership of the House of Commons).

(3) Subject to paragraph (4), the CRO shall give a decision on any objection to a constituency nomination paper—

(a) as soon as practicable after the objection is made, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

(4) If in the CRO’s opinion a constituency nomination paper breaches rule 7, the CRO shall give a decision to that effect—

(a) as soon as practicable after delivery of the nomination paper; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

(5) Where the CRO decides that a constituency nomination paper is invalid, the CRO shall endorse and sign on the paper that fact and the reasons for the decision.

(6) The CRO’s decision that a constituency nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of individual nomination papers

15

(1) Where an individual nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the RRO decides that the individual nomination paper is invalid;

(b) proof is given to the RRO’s satisfaction of the candidate’s death; or

(2) The RRO is entitled to hold an individual nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate or the witness signing the paper are not as required by law;

(b) that the paper is not witnessed as so required;

(3) The RRO shall give a decision on any objection to an individual nomination paper—

(a) as soon as practicable after the objection is made, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

(4) Where a RRO decides that an individual nomination paper is invalid, the RRO shall endorse and sign on the paper that fact and the reasons for the decision.

(5) The RRO’s decision that an individual nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(6) Subject to paragraph (5), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of regional lists and as to the validity of nominations included on such a list

16

(1) Where a registered party’s regional list and the consent of each candidate included in that list are delivered and a deposit is made in accordance with these Rules, the party and (subject to paragraphs (3) and (4)) each candidate on its list shall be deemed to stand nominated unless and until the RRO decides that the regional list is invalid.

(2) The RRO is entitled to hold a regional list invalid only on one of the following grounds—

(a) that the name of the registered party stated under paragraph (2) of rule 6 breaches that rule;

(b) that the number of candidates on the list is greater than 12;

(c) that the list does not contain the statement that it is issued by the nominating officer or by the person authorised by the nominating officer as required by rule 6(6).

(3) Where, in respect of a candidate included in a registered party’s regional list—

(a) proof is given to the RRO’s satisfaction of the candidate’s death; or

(b) the candidate withdraws or the candidate’s candidature is withdrawn in accordance with rule 17,

the RRO shall delete the name and address of that candidate from the list.

(4) Where, in respect of a candidate included on a registered party’s regional list—

(a) the candidate’s particulars in that list are not as required by law;

(b) the candidate is disqualified by virtue of the Representation of the People Act 1981 (disqualification of certain offenders for membership of the House of Commons); or

the RRO shall delete the name and address of that candidate from the list.

(5) The RRO shall give a decision on any objection in respect of a regional list—

(a) as soon as practicable after the objection is made; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.

(6) Where the RRO decides that—

(a) a regional list is invalid; or

(b) the name and address of a candidate shall be deleted from a regional list,

the RRO shall endorse and sign on the list that fact and the reasons for the decision.

(7) The RRO’s decision that—

(a) a regional list is valid; or

(b) the name and address of a candidate should not be removed from a party list,

shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates

17

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