The Scottish Parliament (Elections etc.) Order 1999

• “committee room” does not include any house or room occupied by a candidate as a dwelling, by reason only of the candidate transacting business there with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing in it electors, committee members or others;

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

• “declaration as to election expenses” means a declaration made under articles 48 or 49 above;

• “disputed claim” has the meaning given by article 44(1) above as extended by article 45 above;

• “election expenses”, in relation to a Scottish parliamentary election, means expenses incurred, whether before, during or after the election, on account of or in respect of the conduct or management of the election;

• “money” and “pecuniary reward” shall (except in article 78 and 79 above) be deemed to include– any office, place or employment; any valuable security or other equivalent of money; and any valuable consideration, and expressions referring to money shall be construed accordingly;

• “payment” includes any pecuniary or other reward;

• “personal expenses” as used with respect to the expenditure of any candidate in relation to any Scottish parliamentary election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election; and

• “return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under articles 46 and 47 above.

Computation of time for purposes of Part III

84

• (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) above are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday, a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971¹⁰, or a day appointed for public thanksgiving or mourning.

PART IV — LEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections

85

• (1) The provisions of the 1983 Act which are specified in the left-hand column of Part I of Schedule 6 to this Order shall, subject to–

• (a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

• (b) paragraph (2) below; and

• (c) any modifications necessary in consequence of those provisions,

apply 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 II of Schedule 6 to this Order shall, subject to–

• (a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule;

• (b) paragraph (2) below; and

• (c) any modifications necessary in consequence of those provisions,

apply 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 to this Order–

• (a) any provision relating to a local government election or local government electors and references in connection therewith (including a reference to a petition questioning an election under the Local Government (Scotland) Act 1973) shall be disregarded;

• (b) any reference to a parliamentary election (except the references specified in paragraph (c) below) 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;

• (c) any reference to a constituency (or parliamentary constituency) shall be construed–

• (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) above, 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 court or 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 60 or, as the case may be, 64 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 references to an offence under the 1983 Act or to a practice (or 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.

• (4) The references to “parliamentary election” to which paragraph (2)(b) above does not apply are those in section 160(4) of the 1983 Act and the first reference in section 160(5) of that Act.

PART V — MISCELLANEOUS AND SUPPLEMENTAL

Vacancies: constituency seats

86

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 Scottish Parliament under section 9 of the 1998 Act, he shall forthwith send a notice to the constituency returning officer for that constituency stating–

• (a) that the vacancy exists; and

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

Vacancies: regional member seats

87

• (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, he shall forthwith send a notice in accordance with paragraph (2) below to the regional returning officer for that region.

• (2) A notice under paragraph (1) above shall–

• (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 his name is included.

• (3) On receipt of a notice under paragraph (1) above, the regional returning officer shall ascertain the name of the person, if any, who is to fill the vacancy in accordance with section 10 of the 1998 Act as modified by article 88 below.

Modification of section 10 of the 1998 Act

88

Section 10 of the 1998 Act shall be modified by substituting, for subsections (4) and (5) of that section, the following–

(4) The regional returning officer shall ascertain from that party’s regional list the name and address of the person whose name appears highest on that list (“the first choice”) and shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will– (a) state in writing that he is willing and able to serve as a regional member for that region; and (b) deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted that regional list stating that he may be returned as a regional member from that list. (4A) Where– (a) within such period as the regional returning officer considers reasonable– (i) he decides that the steps he has taken to contact the first choice have been unsuccessful; or (ii) he has not received from that person the statement and certificate referred to in subsection (4) above; or (b) that person has– (i) stated in writing that he is not willing to serve as a regional member for that region; or (ii) failed to deliver the certificate referred to in subsection (4)(b) above, the regional returning officer shall repeat the procedure required by subsection (4) above in respect of the person (if any) whose name and address appears next in that list (“the second choice”) or, where sub-paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name and address appear next highest after the second choice in that list and the regional returning officer shall continue to repeat the procedure until the regional returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or the names in the list are exhausted. (5) Where a person whose name appears on that list provides the statement and certificate referred to in subsection (4) above, the regional returning officer shall notify to the Presiding Officer the name of that person. (5A) Where– (a) under subsection (4A) above, the regional returning officer has asked a second or other subsequent choice the questions referred to in subsection (4) above; and (b) the person who was asked those questions on an earlier occasion then provides the statement and certificate referred to in that subsection, that statement and certificate shall have no effect unless and until the circumstances described in sub-paragraph (a) or (b) of subsection (4A) apply in respect of the second or other subsequent choice.

Dissolution of Parliament: minimum period

89

The “minimum period” for the purpose of section 2(3) of the 1998 Act (ordinary general elections) is a period of 25 days, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules.

Advertisements

90

The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984¹¹ 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: variations

91

The forms set out in the Appendix to this Order may be used with such variations as the circumstances may require.

Sending of applications, notices etc.

92

• (1) Any application, notice, claim or objection which is required by this Order to be made to a registration officer or a returning officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

• (2) Where a registration officer or returning officer 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 him 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(3) of the 1983 Act) or, as the case may be, the British Council.

Publication of documents

93

• (1) Any failure to publish a document in accordance with this Order shall not invalidate the document, but this provision shall not relieve a registration officer from any penalty for such a failure.

• (2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

Interference with notices etc.

94

If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes

95

In relation to premises in Scotland, section 65(6) of the Local Government Finance Act 1988¹² (occupation for election meetings and polls) shall have effect as if–

• (a) 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; and

• (b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a constituency returning officer in taking a poll at a Scottish parliamentary election in accordance with Schedule 2.

Effect of demise of the Crown

96

A proclamation dissolving the Parliament as mentioned in section 2(5) of the 1998 Act shall not be affected by the demise of the Crown.

Supplementary, incidental and consequential provisions

97

The enactments mentioned in Schedule 8 are modified to the extent specified in that Schedule.

SCHEDULE 1 — ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

Free copies of electors lists

1

• (1) The registration officer shall, on request, supply free of charge four copies of so much of the electors lists as relate to a constituency, so long as those lists are kept published, to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature for return as a constituency member for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied).

• (2) The registration officer shall in accordance with sub-paragraphs (3) to (5) below on request supply free of charge four copies of so much of the electors lists as relate to a region, so long as those lists are kept published.

• (3) Subject to sub-paragraphs (4) and (5) below, the registration officer shall supply such copies to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature–

• (a) as an individual candidate for return as a regional member for that region; or

• (b) as a candidate to be included on a registered party’s regional list submitted for that region.

• (4) With reference to the right conferred on a person by sub-paragraph (3)(a) above, not more than one person in respect of the same prospective candidature shall be so supplied.

• (5) With reference to the right conferred on a person by sub-paragraph (3)(b) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

Free copies of register etc.

2

• (1) The registration officer shall, on request, supply free of charge–

• (a) one copy of so much of the register as relates to a constituency to the constituency member of the Scottish Parliament for that constituency; and

• (b) one copy of so much of the register as relates to a region to a regional member of the Scottish Parliament for that region.

• (2) The registration officer shall, on request, supply free of charge–

• (a) four copies of so much of the register (which may be printed on one side only) as relates to a constituency to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature for return as a constituency member for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied); and

• (b) two copies of so much of the register (which may be printed on one side only) as relates to a constituency to each candidate for return as a constituency member for that constituency or his election agent.

• (3) The registration officer shall, on request, supply free of charge–

• (a) four copies of so much of the register (which may be printed on one side only) as relates to a region to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person’s prospective candidature–

• (i) as an individual candidate for return as a regional member for that region; or

• (ii) as a candidate to be included on a registered party’s regional list submitted for that region; and

• (b) two copies of so much of the register (which may be printed on one side only) as relates to a region to each–

• (i) individual candidate for return as a regional member for that region (or his election agent); and

• (ii) the election agent for a registered party submitting a regional list for that region.

• (4) With reference to the right conferred on a person by sub-paragraph (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied.

• (5) With reference to the right conferred on a person by sub-paragraph (3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

• (6) The registration officer shall supply free of charge–

• (a) one copy of so much of the register as relates to a constituency to the constituency returning officer for that constituency; and

• (b) one copy of so much of the register as relates to a region to the regional returning officer for that region.

Sales of lists and register

3

• (1) The functions imposed on a registration officer by paragraph 1 above are to be treated as part of the registration duties of a registration officer for the purposes of regulation 52(1) of the 1986 Regulations.

• (2) Regulation 52(1) of the 1986 Regulations shall also have effect as if it required, subject to the provisions of that regulation and sub-paragraph (1) above, the registration officer to supply to any person copies of any part or parts of the electors lists on payment, in the case of a person who–

• (a) has been supplied under paragraph 1 above with copies of any part of the electors lists; or

• (b) is a constituency returning officer or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy.

• (3) Regulation 52(3) of the 1986 Regulations shall have effect as if–

• (a) “any election” included a reference to a Scottish parliamentary election; and

• (b) “regulation 51 above”(where it first appears) included a reference to paragraph 2 above.

• (4) Regulation 52(3) of the 1986 Regulations, subject to the provisions of that regulation and sub-paragraph (3) above, shall also have effect as if it required the registration officer to supply to any person copies of any part or parts of the register on payment, in the case of a person who–

• (a) has been supplied under paragraph 2 above with a copy of any part of the register; or

• (b) is a constituency returning officer or a regional returning officer,

of a fee at the rate of 25p for each thousand (or remaining part of one thousand) names in such copy.

Supply of data

4

• (1) This paragraph applies only to a registration officer who is a data controller.

• (2) In this paragraph–

• “data to which this paragraph applies” means data consisting of the names of those persons included in the register, together with any data, other than data to which sub-paragraph (3) below applies, consisting of information relating to them including– their electoral numbers; except where the address is excluded from the register under regulation 47(2) of the 1986 Regulations, their addresses; and any distinguishing letter, and

• “processed” is to be interpreted in accordance with the definition of “processing” in section 2(2) of the Data Protection Act 1998¹³.

• (3) The registration officer shall not supply data under this paragraph which consists of information (including addresses) which is not required to be published in the register in accordance with those provisions of the 1983 Act and the 1986 Regulations which relate to the registration of electors (but this restriction shall not apply to the supply of data to a constituency returning officer or a regional returning officer).

• (4) Any obligation on the registration officer to supply data under this paragraph imposes only an obligation to supply such data recorded in the form in which it is processed.

• (5) An application under this paragraph may request the registration officer to supply data to which this paragraph applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such data and, if the registration officer supplies or is required to supply data under this paragraph, he shall comply with such a request where it is practicable to do so.

• (6) The registration officer shall, on payment of a fee determined in accordance with sub-paragraph (9) below, supply to a person, who is entitled to a free copy of the whole or part of the register under paragraph 2 (1) or (6) above, so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

• (7) The registration officer shall on payment of a fee determined in accordance with sub-paragraph (9) below supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) above, so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

• (8) But–

• (a) where the entitlement derives by virtue of paragraph 2(2)(a) or (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied; or

• (b) where the entitlement derives by virtue of paragraph 2(3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that list.

• (9) The fee for a person supplied with data under sub-paragraph (6) or (7) above shall be at the rate of £1.80 for each thousand (or remaining part of one thousand) names in the data supplied.

• (10) The registration officer may, on payment of a fee at the rate of £18 for each thousand (or remaining part of one thousand) names in the data supplied, supply data to which this paragraph applies to a person other than a person to whom sub-paragraphs (6) and (7) above apply.

Supply of labels

5

• (1) This paragraph applies only to a registration officer who is a data controller.

• (2) In this paragraph, “relevant information” means the name and address of any elector whose name and address appear on the register, and such other information as appears on the register as the registration officer thinks fit, but not information constituting data to which paragraph 4(3) above applies.

• (3) An application under this paragraph may request the registration officer to supply labels containing relevant information extracted from data to which paragraph 4 above applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such labels and, if the registration officer supplies labels under this paragraph, he shall comply with such a request.

• (4) The registration officer may on application to him and on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied, supply to a person, who is entitled to a free copy of the whole or part of the register under paragraph 2(1) or (6) above, labels containing relevant information extracted from so much of the data to which paragraph 4 above applies as relates to the part or parts of the register to which such a person is so entitled.

• (5) The registration officer may on application to him and on payment of a fee at the rate of £12 for each thousand (or remaining part of one thousand) labels supplied, supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) above, labels containing relevant information extracted from so much of the data to which paragraph 4 above applies as relates to the part or parts of the register to which such a person is so entitled.

• (6) But–

• (a) where the entitlement derives by virtue of paragraph 2(2)(a) or (3)(a)(i) above, not more than one person in respect of the same prospective candidature shall be so supplied; or

• (b) where the entitlement derives by virtue of paragraph 2(3)(a)(ii) above, not more than one person in respect of the same regional list shall be so supplied, and, following such supply, the right may not be exercised again with respect to any other prospective candidate for inclusion in that regional list.

• (7) The registration officer may, on application to him and on payment of a fee at the rate of £25 for each thousand (or remaining part of one thousand) labels supplied, supply labels containing relevant information extracted from data to which paragraph 4 above applies to a person other than a person to whom sub-paragraphs (4) and (5) above apply.

Alterations to published register

6

• (1) Where a registration officer publishes a notice under regulation 56(4)(b) of the 1986 Regulations stating that a new name has been added to the list of claims for inclusion in the register, regulation 56(7) of those regulations, shall have effect as if it additionally requires the registration officer, as soon as practicable after publication of that notice, to supply free of charge to each person to whom he has supplied a copy of so much of the register as relates to a constituency or region under paragraph 2(2)(a) or, as the case may be, (3)(a), a copy of so much of the list of claims kept under regulation 56(4) of those regulations as relates to–

• (a) claims to which that notice applies; and

• (b) that constituency, or, as the case may be, region.

• (2) Where a registration officer makes an alteration in a register pursuant to section 11(1) or (2) of the 1983 Act, regulation 60 of the 1986 Regulations, shall have effect as if it requires the registration officer to supply free of charge a copy of the alteration to each person to whom he has supplied a copy of the part of the register under paragraph 2 above, or by virtue of paragraph 3(4) above, to which the alteration relates.

Interpretation

7

In this Schedule–

• “data” has the same meaning as in section 1(1) of the Data Protection Act 1998; and

• “data controller” is to be interpreted in accordance with section 1(1) and (4) of that Act.

SCHEDULE 2 — SCOTTISH PARLIAMENTARY ELECTION RULES

PART I — 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
Publication of notice of election.	Not earlier than the twenty-eighth day before the date of the poll and not later than the twenty-first day before the date of the poll.
Delivery of nomination papers.	Not later than 4pm on any day after the date of the publication of the notice of election but not later than the sixteenth 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– 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 foregoing provisions do not apply to objections made in pursuance of rules 20 or 21 below.
Delivery of notices of withdrawals of candidature.	Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated.	At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling.	Between the hours of 7am and 10pm on the date of the poll.

• (2) In the Table in paragraph (1) above the 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) above–

• (a) a Saturday or Sunday;

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

• (c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971; or

• (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 constituency returning officer be obliged to proceed with the counting of votes on such a day.

PART II — STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election

3

• (1) The constituency returning officer 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

• (c) the date of the poll in the event of a contest.

• (2) The regional returning officer 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

• (c) the date of the poll in the event of a contest.

• (3) A notice of election under paragraph (1) or (2) above 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 registration officer in order that they may be effective for the election.

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 J set out in the Appendix, delivered to the constituency returning officer at the place fixed for the 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) full names;

• (b) home address in full; and

• (c) if desired, description,

and the surname shall be placed first in the list of his names.

• (4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him.

• (5) The constituency nomination paper shall also state the full 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 K set out in the Appendix, delivered to the regional returning officer at the place or a place fixed for the 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) full names;

• (b) home address in full; and

• (c) if desired, description,

and the surname shall be placed first in the list of his names.

• (4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate’s other particulars, it is sufficient to identify him. An individual nomination paper may not include a description of an individual candidate which is likely to lead voters to associate the candidate with a registered political party.

• (5) The individual nomination paper shall also state the full 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 L 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 him to the regional returning officer at the place or a place fixed for the purpose.

• (2) Each regional list shall include the name by which the party wishes to be known for the purposes of that election. That name need not be the party’s registered name but must not be such as would be likely to lead voters to associate that party with another registered party.

• (3) That name shall not exceed 6 words in length.

• (4) Each regional list shall set out the full 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 described in the regional ballot paper.

• (5) 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 him.

• (6) 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).

• (7) In the application of this rule and rule 7 below, in relation to an election, “registered party” means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published.

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 voters to associate the candidate with a registered party unless the description is authorised by a certificate in the form M set out in the Appendix–

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

• (b) received by the constituency returning officer at some time during the period for the delivery of nomination papers set out in the Table in rule 1(1) above.

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

Nomination papers and regional lists: miscellaneous

8

• (1) The constituency returning officer–

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

• (b) shall 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 constituency returning officer.

• (2) The regional returning officer–

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

• (b) shall 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 regional returning officer.

• (3) The regional returning officer 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 regional returning officer.

Consent to nomination

9

• (1) Subject to paragraph (3) below a person shall not be validly nominated as a candidate for return as a constituency member unless his 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

• (c) is delivered at the place, and within the time, for the delivery of constituency nomination papers.

• (2) Subject to paragraph (3)below, 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 his 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 from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

• (4) A candidate’s consent given under this rule–

• (a) shall state the day, month and year of his birth; and

• (b) shall state–

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

• (ii) that to the best of his knowledge and belief he is not disqualified for membership of the Scottish Parliament;

• (iii) in the case of a candidate for return as a constituency member, that he is aware of the provisions of section 5(2) and 9(6) of the 1998 Act and that, to the best of his knowledge and belief, he 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 he is aware of the provisions of section 5(7) of the 1998 Act and that, to the best of his knowledge and belief, he may be included in that list;

• (v) in the case of an individual candidate for return as a regional member, that he is aware of the terms of section 5(8) of the 1998 Act and, to the best of his knowledge and belief, he 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 him, or on his behalf, with the constituency returning officer 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 him, or on his behalf, with the regional returning officer 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 regional returning officer at the place or a place, and during the time, for delivery of regional lists.

• (4) The deposit may be made either–

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

• (b) by means of a banker’s draft; or

• (c) with the appropriate returning officer’s consent, in any other manner,

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he 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 he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 30 or rules 4 or 5 above.

• (6) Where the deposit is made on behalf of a party’s nominating officer the person making the deposit shall at the time he makes it give his name and address to the regional returning officer unless that information has previously been given to him under article 30 or rule 6 above.

Place for delivery of constituency nomination papers

11

• (1) The constituency returning officer shall fix the place at which constituency nomination papers are to be delivered to him, 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; or

• (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 regional returning officer shall fix the places or places at which individual nomination papers and regional lists are to be delivered to him, and he 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 constituency returning officer no person is entitled to attend the proceedings during the time for delivery of constituency nomination papers or for making objections to them unless he is–

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

• (b) the election agent of such a person; or

• (c) a person who has issued a certificate under rule 7(1) above in relation to such a candidate,

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

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

• (3) Except for the purpose of delivering an individual nomination paper or regional list or of assisting the regional returning officer 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 he is–

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

• (b) the election agent of such a person;

• (c) a candidate included on a party’s regional list; or

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

but where an individual candidate acts as his own election agent, or a candidate on a party’s regional list acts as election agent of that party in relation to that list, he 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.

• (4) The right conferred by paragraph (3) above 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).

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 constituency returning officer decides that the constituency nomination paper is invalid;

• (b) proof is given to the constituency returning officer’s satisfaction of the candidate’s death; or

• (c) the candidate withdraws.

• (2) The constituency returning officer 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 1981¹⁴.

• (3) Subject to paragraph (4) below the constituency returning officer shall give his decision on any objection to a constituency nomination paper as soon as practicable after it is made.

• (4) If in the constituency returning officer’s opinion a constituency nomination paper breaches rule 7 above, he shall give a decision to that effect as soon as practicable after the close of the period for delivery of constituency nomination papers set out in the Table in rule 1(1) above.

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

• (6) The constituency returning officer’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) above, 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 regional returning officer decides that the individual nomination paper is invalid;

• (b) proof is given to the regional returning officer’s satisfaction of the candidate’s death; or

• (c) the candidate withdraws.

• (2) The regional returning officer 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;

• (c) that the candidate is disqualified by virtue of the Representation of the People Act 1981.

• (3) The regional returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.

• (4) Where a regional returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

• (5) The regional returning officer’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) above, 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 paragraph (3) and (4) below) each candidate on its list shall be deemed to stand nominated unless and until the regional returning officer decides that the regional list is invalid.

• (2) The regional returning officer is entitled to hold a regional list invalid only on one of the following grounds:–

• (a) that the name stated under paragraph (2) of rule 6 above 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 referred to in rule 6(5) above.

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

• (a) proof is given to the regional returning officer’s satisfaction of his death; or

• (b) he withdraws or his candidature is withdrawn in accordance with rule 17 below,

the regional returning officer 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) his particulars in that list are not as required by law;

• (b) he is disqualified by virtue of the Representation of the People Act 1981; or

• (c) the consent to nomination of that candidate is not delivered in accordance with these Rules,

the regional returning officer shall delete the name and address of that candidate from the list.

• (5) The regional returning officer shall give his decision on any objection in respect of a regional list as soon as practicable after it is made.

• (6) Where the regional returning officer decides that–

• (a) a regional list is invalid; or

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

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

• (7) The regional returning officer’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) above, nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates

17

• (1) A candidate for return as a constituency member may withdraw his candidature by notice of withdrawal–

• (a) signed by him and attested by one witness; and

• (b) delivered to the constituency returning officer at the place for delivery of constituency nomination papers.

• (2) A candidate for return as a regional member may withdraw his candidature by notice of withdrawal–

• (a) signed by him and attested by one witness; and

• (b) delivered to the regional returning officer at the place or a place for delivery of individual nomination papers and regional lists.

• (3) A registered political party may withdraw the candidature of any or all of the candidates included in a regional list of that party by notice of withdrawal–

• (a) signed by the party’s nominating officer and attested by one witness; and

• (b) delivered to the regional returning officer at the place or places for the delivery of regional lists.

• (4) Where a candidate in a regional list has been withdrawn in accordance with this rule the regional returning officer shall delete the name and address of that candidate from the list.

Publication of statement of persons nominated as candidates for return as a constituency member

18

• (1) The constituency returning officer shall prepare and publish a statement showing the persons who have been and stand nominated as candidates for return as a constituency member and any other persons who have been nominated as such candidates, with the reason why they no longer stand nominated.

• (2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their constituency nomination papers.

• (3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.

• (4) In the case of a person nominated by more than one constituency nomination paper, the constituency returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

Publication of statement of persons and parties nominated for return as regional members

19

• (1) The regional returning officer shall prepare and publish a statement showing–

• (a) the persons who have been and stand nominated as individual candidates for return as a regional member;

• (b) each registered party which has been and stands nominated together with that party’s regional list;

• (c) any other persons or parties who have been nominated together with the reason why they no longer stand nominated.

• (2) The statement shall show the registered parties which have been and stand nominated in alphabetical order with the name of the party as given in that list and the names and home addresses of the candidates who appear on the regional list of each party as given in that list and arranged in the order in which their names appear on that list.

• (3) The statement shall also show the names, addresses and descriptions of the persons nominated as individual candidates as given in their individual nomination papers.

• (4) The statement shall show the names, addresses and descriptions of the persons standing nominated as individual candidates after the names of the registered parties standing nominated and the names of those individual candidates shall be arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

• (5) In the case of a person nominated by more than one individual nomination paper, the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the regional returning officer in default of the candidate) may select.

• (6) In the case of a registered political party which has delivered more than one regional list for a particular region (and which stands nominated by more than one of those lists), the regional returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the lists as the nominating officer of that party (or the regional returning officer in default of that officer) may select; and if any candidate is shown standing nominated by a list not so selected but is not so shown in the selected list, he shall no longer stand nominated.

Disqualification by Representation of the People Act 1981: candidates for return as constituency members

20

• (1) If it appears to the constituency returning officer that any of the persons nominated as candidates for return as a constituency member might be disqualified by virtue of the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of constituency nomination papers prepare and publish a draft of the statement required by rule 18 above.

• (2) The draft shall be headed “Draft statement of persons nominated for return as a constituency member” and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of constituency nomination papers.

Disqualification by Representation of the People Act 1981: candidates for return as regional members

21

• (1) If it appears to the regional returning officer that any of the persons nominated as candidates for return as a regional member might be disqualified by the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of individual nomination papers and regional lists prepare and publish a draft of the statement required by rule 19 above.

• (2) The draft shall be headed “Draft statement of persons nominated for return as regional members” and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of individual nomination papers and regional lists.

Adjournment of nomination proceedings in the case of riot

22

• (1) Where the proceedings for, or in connection with, nomination are on any day interrupted or obstructed by riot or open violence–

• (a) the proceedings shall be abandoned for that day; and

• (b) if that day is the last day for the delivery of–

• (i) constituency nomination papers; or

• (ii) individual nomination papers and regional lists,

the proceedings shall be continued on the next day as if that were the last day for such delivery,

and that day shall be treated for the purposes of these Rules as being the last day for such delivery (subject to any further application of this paragraph in the event of interruption or obstruction on that day).

• (2) Where proceedings are abandoned by virtue of this rule nothing–

• (a) may be done after they are continued if the time for doing it had passed at the time of the abandonment;

• (b) done before the abandonment shall be invalidated by reason of the abandonment.

Method of election: candidates for return as constituency members

23

• (1) If the statement required by rule 18 above shows more than one person standing nominated, a poll shall be taken in accordance with Part III of these Rules.

• (2) If that statement shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of these Rules.

Method of election: candidates for return as regional members

24

• (1) Subject to paragraph (2)(b) below, if the statement of persons required by rule 19 above shows more candidates (whether on a registered party’s regional list or individual candidates) than the number of seats for that region a poll shall be taken in accordance with Part III.

• (2) If that statement shows–

• (a) a number of candidates (whether on a registered party’s regional list or individual candidates) which is the same as, or less than, the number of seats for that region; or

• (b) all of the candidates shown on that statement are on the regional list of the same registered party,

the regional returning officer shall, following receipt of the notification under rule 60(3) below, allocate the seats in accordance with sections 7 and 8 of the 1998 Act.

PART III — CONTESTED ELECTIONS

General Provisions

Poll to be taken by ballot

25

• (1) The votes at the poll for the return of a constituency member shall be given by ballot and the result shall be ascertained by counting the votes given to each candidate, and the candidate to whom the majority of votes has been given shall be declared to have been elected.

• (2) The regional votes at a poll for the return of regional members shall be given by ballot, and the regional figure for each individual candidate and each registered party shall be ascertained by counting the regional votes given to each individual candidate and each registered party.

The ballot paper: constituency candidates

26

• (1) The ballot of every voter at a poll for the return of a constituency member shall consist of a ballot paper (referred to in these Rules as a “constituency ballot paper”).

• (2) The persons shown in the statement required by rule 18 above and no others, shall be entitled to have their names inserted in the constituency ballot paper.

• (3) Every constituency ballot paper shall be in the form N set out in the Appendix, and shall be printed in accordance with the directions in that form, and–

• (a) shall contain the names and other particulars of the candidates as shown in the statement required by rule 18 above;

• (b) shall be capable of being folded up;

• (c) shall have a number printed on the back; and

• (d) shall have attached a counterfoil with the same number printed on it.

• (4) The order of the names in the constituency ballot paper shall be the same as in the statement required by rule 18 above.

• (5) If a candidate who is the subject of a certificate under rule 7(1) above so requests, the ballot paper shall also contain, to the left of that candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

• (6) The request must–

• (a) be made in writing to the constituency returning officer; and

• (b) be received by him during the period for delivery of nomination papers set out in the Table in rule 1(1) above.

The ballot paper: regional candidates

27

• (1) The ballot of every voter at a poll for the return of regional members shall consist of a ballot paper (referred to in these Rules as a “regional ballot paper”).

• (2) The only names, to be inserted in the regional ballot paper shall be the names of–

• (a) the individual candidates shown in the statement required by rule 19 above; and

• (b) the registered parties shown in that statement together with the names of the candidates included in each party’s regional list as indicated in the statement made under rule 6(4) above.

• (3) Every regional ballot paper shall be in the form O set out in the Appendix, and shall be printed in accordance with the directions in that form, and shall contain–

• (a) the names and descriptions of the individual candidates as shown in the statement required by rule 19 above; and

• (b) the names of the registered political parties referred to in paragraph (2)(b) above (being, in each case, the name by which that party wishes to be known for the purposes of the election) as shown in the statement required by rule 19 above together with the names of the candidates included in each party’s regional list.

• (4) The order of the names of the registered parties, together with the candidates appearing on their regional lists, and of the individual candidates in the regional ballot paper shall be the same as in the statement required by rule 19 above.

• (5) If a request has been made to the regional returning officer under rule 6(6) above that a registered party’s registered emblem (or, as the case may be, one of the party’s registered emblems) be shown on the ballot paper against that party’s name, the ballot paper shall also contain, to the left of the party’s name, that emblem.

Colour of ballot papers

28

The regional ballot paper shall be a different colour from the constituency ballot paper.

The official mark

29

• (1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

• (2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene before the same official mark may be used at a poll for a Scottish parliamentary election held in that constituency.

• (3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote

30

No person who has voted at a Scottish parliamentary election shall, in any legal proceeding to question the election or return, be required to state the candidate for whom, or the registered party for which, he voted.

Use of schools and public rooms

31

• (1) At a Scottish parliamentary election the constituency returning officer may use, free of charge, for the purpose of taking the poll–

• (a) a room in a school to which this rule applies;

• (b) a room the expenses of maintaining which is payable out of any rate.

• (2) This rule applies to a school other than a independent school within the meaning of the Education (Scotland) Act 1980.

• (3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by, the persons having control over any such room as mentioned above by reason of its being used for the purpose of taking the poll.

Action to be taken before the poll

Notice of poll

32

• (1) The statement required by rule 18 above and the statement required by rule 19 above shall each include a notice of the poll, stating the day on which and the hours during which the poll will be taken and, in the case of a Scottish parliamentary general election, each such notice may contain such further information about that election as the returning officer who publishes that notice thinks fit.

• (2) The constituency returning officer shall also give public notice (which may be combined with the statement required by rule 18 above) of–

• (a) the situation of each polling station;

• (b) the description of voters entitled to vote there,

and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.

Postal ballot papers

33

• (1) Subject to sub-paragraph (2), the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or, in the case of a person entitled to vote by post as proxy, at the address shown in the list kept under article 11(9), a ballot paper and a declaration of identity in the form P set out in the Appendix together with an envelope for their return.

• (2) In the case of a person who is entitled to give by post a vote for return of a constituency member and a regional vote, the reference in paragraph (1) above to “a ballot paper” shall be construed as a reference to a constituency ballot paper and a regional ballot paper.

Provision of polling stations

34

• (1) The constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this paragraph, shall allot the electors to the polling stations in such manner as he thinks most convenient.

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

• (3) The polling station allotted to electors from any polling district shall be in the polling place for that district.

• (4) The constituency returning officer shall 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

35

• (1) The constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary, but he shall not appoint any person who has been employed by or on behalf of a candidate or a registered party in or about the election.

• (2) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.

• (3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

36

• (1) The constituency returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person–

• (i) as an elector if he is placed on the absent voters list for the election; or

• (ii) as a proxy if he is entitled to vote by post as proxy at the election.

• (2) An elector’s official poll card shall be sent or be delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

• (3) The official poll card shall be in the form Q or, in the case of a proxy’s poll card, R set out in the Appendix and shall set out–

• (a) the name of the Scottish parliamentary constituency and (except in the case of an election to fill a vacancy in the seat of a constituency member) region for which the election is to be held;

• (b) the elector’s name, qualifying address and number on the register;

• (c) the date and hours of the poll and the situation of the elector’s polling station; and