The Scottish Parliament (Elections etc.) Order 2015

Personation

Other voting offences

Offences relating to applications for postal and proxy votes

Breach of official duty

Tampering with nomination papers, ballot papers etc.

False statements in nomination papers etc.

Requirement of secrecy

Vacancies: regional member seats

83A

• (1) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that the seat of a regional member who was returned from a registered party’s regional list is vacant, the Presiding Officer must forthwith send a notice in accordance with paragraph (2) to the RRO for that region.

• (2) A notice under paragraph (1) must—

• (a) state that a vacancy exists, and

• (b) set out the name of the person who had been returned in the seat which is vacant, together with the name of the registered party on whose regional list that person’s name is included.

• (3) On receipt of a notice under paragraph (1), the RRO must ascertain the name of the person, if any, who is to fill the vacancy in accordance withsection 10of the 1998 Act (regional vacancies).

Dissolution of Parliament: minimum period

Advertisements

Forms and documents: variations and translations

Sending of applications, notices etc.

Interference with notices etc.

Premises used for election purposes

Correction of procedural errors

Effect of demise of the Crown

Consequential amendment

Revocations

Application of timetable where proceedings at a Scottish parliamentary election are postponed

1A

• (1) Paragraph (2) applies where—

• (a) a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

• (b) the date of the poll has been postponed by proclamation under section 2(5) or (5E), or section 3(2B) of the 1998 Act, and

• (c) the date proposed by proclamation (“the new date”) is less than five days after the date of the poll specified in the notice of election.

• (2) The CRO or RRO must—

• (a) publish a notice stating that the date has changed and specifying the new date, and

• (b) comply with the requirements of this schedule in accordance with the new date.

• (3) Paragraphs (4) and (5) apply where—

• (a) a notice of election which specifies the date of the poll in an election has been published in accordance with the timetable in rule 1 of this schedule but the statement of persons nominated has not been published,

• (b) the date of the poll has been postponed by proclamation under section 2(5) or (5E), or section 3(2B) of the 1998 Act, and

• (c) the date proposed by proclamation (“the new date”) is five days or more after the date of the poll specified in the notice of election.

• (4) The CRO or RRO must—

• (a) publish a notice stating that the date has changed and specifying the new date, and

• (b) comply with the requirements of this schedule in accordance with the new date.

• (5) Notwithstanding sub-paragraph (4)(b), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the poll to be held on the new date.

• (6) Paragraphs (7) and (8) apply where—

• (a) the statement of persons nominated has been published in accordance with the timetable in rule 1 of this schedule, and

• (b) the date of the poll has been postponed by proclamation under section 2(5) or (5E), or section 3(2B) of the 1998 Act.

• (7) The CRO or RRO must—

• (a) publish a notice stating that the date has changed and specifying the new date,

• (b) publish a new statement of persons nominated as candidates for return as a constituency member required by rule 18 or, as the case may be, statement of persons and parties nominated for return as regional members required by rule 19,

• (c) publish a new notice of poll to accompany the statements of persons nominated as required by rule 33, and

• (d) comply with the requirements of this schedule in accordance with the new date.

• (8) Notwithstanding sub-paragraph (7)(b) to (d), nomination papers, objections to nomination papers and notices of withdrawal of candidature already received by the CRO or RRO in accordance with the timetable in rule 1 of this schedule prior to the postponement of the poll will be valid in relation to the postponed poll to be held on the new date.

• (9) In this rule—

• (a) “nomination papers” includes constituency nomination papers, individual nomination papers and regional lists,

• (b) any reference to a period of time is to be interpreted in accordance with rule 2 (computation of time).

Use of printed election materials where proceedings at a Scottish parliamentary election are postponed.

1B

Where a Scottish parliamentary election has been postponed by proclamation under section 2(5) or (5E), or section 3(2B) of the 1998 Act, the CRO or RRO may, as they see fit, make use of materials printed for use at the originally scheduled date in accordance with the rules provided in this schedule for the purposes of the new date.

Computation of time

Regional election: effect of countermand or abandonment of constituency poll

74A

• (1) This rule applies where at a Scottish parliamentary general election there is a contested election for return of regional members and the poll or declaration of result at a constituency election for a constituency in that region is postponed in accordance with rule 72 or 74.

• (2) For the purposes of rule 64(1) (allocation of seats), the RRO is to be treated as having received the statements prepared underrule 61(conveying results of count etc. to RRO) and the notifications underrule 62(3)(notification of constituency member returned) from each CRO in that region when the RRO has received those statements and notifications in respect of the constituencies in the region for which the polls or declarations of result have not been so postponed.

• (3) Section 7(1)of the 1998 Act (calculation of regional figures) will apply with the modification that the reference in that subsection to “constituencies included in the region” must be read as excluding the constituencies for which the polls or declarations of result have been so postponed.

• (4) The subsequent election of a candidate for the constituency will have no effect upon the validity of the election and return of any regional member.

Regional election: death of candidate

Abandoned poll

Emergency change of proxy: coronavirus

7A

• (1) This paragraph applies where—

• (a) a proxy is appointed to vote for a person (“the elector”) at a forthcoming Scottish parliamentary election (whether or not the proxy is appointed only for that particular election),

• (b) the proxy is not entitled to vote by post at that election, and

• (c) the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot be reasonably expected to vote in person at the polling station allotted or likely to be allotted to the elector.

• (2) Where this paragraph applies, the elector may apply to the ERO for an alternative person to be appointed as their proxy under article 10(6) (appointment of a proxy for an indefinite period or for a period specified in the application) or article 10(7) (appointment of a proxy for the particular election).

• (3) An application to which sub-paragraph (2) applies must state the reasons why the circumstances of the proxy on the date of the poll will, or are likely to, be such that they cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector.

Additional requirements for applications for appointment of a proxy

Closing dates for applications

Grant or refusal of applications for a postal or proxy vote

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer about postal and proxy voters

Requirement to provide fresh signatures at five yearly intervals

Absent voting lists: form

Absent voting lists: supply of copies, etc.

Absent voting lists: inspection

Conditions on the use, supply and inspection of absent voter lists

Supply and inspection of absent voting lists: offences

The personal identifiers record

Use of personal identifier information

Marked register for polling stations

Notification of a rejected postal voting statement

Emergency change of proxy: proxy unable to vote in person

Disapplication of January 2026 fresh signatures requirement

14A

Where an ERO would be required to send a person a notice under paragraph 14(1) by 31 January 2026—

• (a) that requirement does not apply (and the ERO must send a notice under paragraph 14(1) by 31 January 2027),

• (b) the absent voter does not, for that reason, cease to be entitled to vote by post or by proxy for a failure to provide a fresh signature, and

• (c) no determination need be made, for that reason, under paragraph 14(6).

Absent voting lists: form

Absent voting lists: supply of copies, etc.

Absent voting lists: inspection

Conditions on the use, supply and inspection of absent voter lists

Supply and inspection of absent voting lists: offences

The personal identifiers record

Use of personal identifier information

Marked register for polling stations

Notification of a rejected postal voting statement