The Scottish Parliament (Elections etc.) Order 1999

• (4) An application under article 9(1)–

• (a) which is received by the registration officer between the times specified in sub- paragraph (2)(a) above; and

• (b) in which the circumstances set out in accordance with sub- paragraph (1) above relate to the applicant’s employment either as a constable or by a returning officer on the date of the poll at the election for which the application is made for a purpose connected with that election or some other election (including, for these purposes, a parliamentary, European Parliamentary or local government election) the poll for which is held on the same day,

shall–

• (i) state the employment in question, and

• (ii) in addition to the applicant’s signature, be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector or, in the case of a person employed by a returning officer, by that returning officer.

Additional requirements for applications for appointment of a proxy

6

An application for the appointment of a proxy under article 10(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and–

• (a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

• (b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Additional requirements for applications by proxies to vote by post at a particular election

7

An application under article 11(7) shall set out why the applicant’s circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under this Order.

Closing dates for applications

8

• (1) An application–

• (a) to vote by post or proxy under article 8(1);

• (b) by an absent voter to alter his choice as to the manner of absent voting under article 8(6);

• (c) for the appointment of a proxy under article 10(6); or

• (d) from a proxy to vote by post under article 11(4),

shall be disregarded for the purposes of any particular election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

• (2) Subject to sub-paragraph (3) below, an application–

• (a) to vote by post or proxy under article 9(1);

• (b) by a postal voter for his ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(2);

• (c) for the appointment of a proxy under article 10(7);

• (d) from a proxy to vote by post under article 11(7); or

• (e) from a postal proxy for his ballot papers to be sent to a different address at a particular election under article 11(8),

shall be disallowed if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at the election for which it was made.

• (3) Sub-paragraph (2) above shall not apply to an application which satisfies the requirements of either sub-paragraphs (2) and (3) of paragraph 5 above or sub-paragraph (4) of paragraph 5 above; and such an application shall be disallowed if it is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it was made.

• (4) The following, namely–

• (a) an application under article 8(5)(a) by an elector to be removed from the record kept under article 8(4);

• (b) an application under article 11(11)(a) by a proxy to be removed from the record kept under article 11(6); and

• (c) a notice under article 10(9) of the cancellation of a proxy’s appointment,

may be disregarded for the purposes of any particular election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

• (5) In computing a period of days for the purposes of paragraph 5 above and this paragraph–

• (a) a Saturday or a Sunday;

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

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

shall be disregarded.

Grant or refusal of applications

9

• (1) Where the registration officer grants an application under article 8, 9, 10 or 11 he shall, where practicable, notify the applicant of his decision.

• (2) The proxy paper to be issued by the registration officer on the appointment of a proxy may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections.

• (3) Where the registration officer disallows an application under article 8, 9, 10 or 11, he shall notify the applicant of his decision and, in the case of an application under article 8(1) or 11(4), of the reason for his decision; and he shall date such notification.

• (4) Where under paragraph 8(1) or (4) above the registration officer disregards an application for the purposes of any particular election, he shall, where practicable, notify the applicant of this.

Notice of appeal

10

• (1) A person desiring to appeal under article 4(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 9(3) above, specifying the grounds of the appeal.

• (2) The registration officer shall forward any such notice to the sheriff with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case, and on any point which may be specified as a ground of appeal and shall also give to the sheriff any other information which the sheriff may require and which the registration officer is able to give.

• (3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the sheriff so that the sheriff may consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment

11

Where the appointment of a proxy is cancelled by notice given to the registration officer under article 10(9) or ceases to be in force under that provision or is no longer in force under article 10(10)(b), the registration officer shall–

• (a) notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy; and

• (b) remove his name from the record kept under article 8(4).

Inquiries by registration officer

12

• (1) The registration officer may, at such times as he thinks fit, make inquiries of a person–

• (a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(c) or (d);

• (b) who is shown in that record by virtue of an application having been treated as granted under paragraph 16(1) below but who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in of section 6(2) (b) or (c) of that Act, for the purpose of determining whether there has been a material change of circumstances.

• (2) In the case of a person who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(d), to whom sub-paragraph (1)(b) above applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c) of that Act, the registration officer shall make the inquiries referred to in sub-paragraph (1) above not later than three years after the date of the granting of the application or the last such inquiries, as the case may be.

• (3) In respect of a person to whom sub-paragraph (1)(b) above applies, the date of commencement shall be treated as the date of the granting of the application.

• (4) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) above to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

• (5) In this paragraph “commencement date” means the date on which this Order comes into force.

Records and lists kept under articles 8, 9 and 11

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• (1) Subject to the provisions of this paragraph, the records kept under articles 8(4) and 11(6) and the lists kept under articles 9(4) and 11(9) shall be in such form as the registration officer thinks fit.

• (2) In that part of the absent voters list referred to in article 9(4)(a), the address to which a ballot paper shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

• (3) In that part of the absent voters list referred to in article 9(4)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector’s name and electoral number.

• (4) In the list kept under article 11(9) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper shall be sent, shall be placed on the right hand side of the elector’s name and electoral number.

• (5) The registration officer shall make available for inspection at his office a copy of the records kept under articles 8(4) and 11(6).

• (6) As soon as practicable after the day referred to in paragraph 8(1) above, the registration officer shall publish the lists kept under articles 9(4) and 11(9) by making a copy of them available for inspection at his office; and he shall continue to make a copy of those lists so available until the date of the poll.

• (7) Subject to sub-paragraph (8) below, as soon as practicable after the publication of the lists referred to in sub-paragraph (6) above, the registration officer shall, on request, supply free of charge a copy of them to each–

• (a) candidate for return as a constituency member, or his election agent; or

• (b) individual candidate for return as a regional member or nominating officer of a party standing nominated or the election agent of such a candidate or party.

• (8) But if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

• (9) In this paragraph, “electoral number” means a person’s number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register.

Marked register for polling stations

14

To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at an election

15

The certificate as to the employment of constables and persons employed by a returning officer on the date of the poll at an election (to enable such a constable or person to vote elsewhere than at his own polling station) shall be in the form U set out in the Appendix and shall be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector.

Transitional provision for absent voters

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• (1) In relation to any person who, immediately before the commencement date, was entitled–

• (a) under the 1985 Act to be treated as an absent voter for an indefinite period; and

• (b) to vote by post or by proxy at local government elections,

articles 8 to 12 shall have effect–

• (i) as if an application by him under article 8 so to vote at Scottish parliamentary elections had been granted on that date;

• (ii) where, immediately before that date, an appointment of a person to vote for him as proxy at local government elections was in force, as if the appointment had been made under article 10 on that date in respect of Scottish parliamentary elections; and

• (iii) where the application treated as granted by virtue of sub-sub-paragraph (i) above is an application to vote by post, as if he had specified in the application as the address to which his ballot papers are to be sent the address provided by him for the purpose of those other elections.

• (2) Where an appointment of a person to vote as proxy for another at local government elections is treated by virtue of sub-paragraph (1) above as made under article 10 and immediately before the commencement date the proxy was entitled–

• (a) under the 1985 Act so to vote for an indefinite period; and

• (b) to vote by post at such elections,

article 11 shall have effect–

• (i) where the proxy’s entitlement was based on his entitlement as elector to vote by post, as if an application by him under article 11(4)(a) to vote by post as proxy at Scottish parliamentary elections had been granted on that date; and

• (ii) where the proxy’s entitlement was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under article 11(4)(b) to vote by post as proxy at Scottish parliamentary elections had been granted on that date.

• (3) In this paragraph–

• (a) “commencement date” means the on which this Order comes into force; and

• (b) references to–

• (i) in entitlement to vote by post or by proxy; or

• (ii) an appointment to vote as proxy for another,

at local government elections include such an entitlement or appointment where it also entitles or appoints a person so to vote at parliamentary elections.

SCHEDULE 4 — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

1

For the purposes of this Schedule, unless the context otherwise requires–

• “agent” includes an election agent and a person appointed to attend in the election agent’s place;

• “ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 9 below;

• “issue” includes the original and any subsequent issue;

• “list of postal proxies” means the list kept under article 11(9);

• “postal ballot paper” means a ballot paper issued to a postal voter;

• “postal voter” means a voter who is entitled to vote by post (and includes a postal proxy);

• “postal voters' ballot box” means the ballot box referred to in paragraph 11 below;

• “receptacle for ballot paper envelopes” and “receptacle for declarations of identity” mean the receptacles referred to in paragraph 16(4) below;

• “receptacle for postal ballot papers” means the receptacle referred to in paragraph 15(4) below;

• “receptacle for rejected votes” means the receptacle referred to in paragraph 16(2) below; and

• “spoilt postal ballot paper” means a ballot paper referred to in paragraph 13(1) below.

Issue of postal ballot papers

Combination of polls

2

Where the polls at elections are taken together under article 13(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.

Form of declaration of identity

3

The declaration of identity sent with the postal ballot paper to a postal voter shall be–

• (a) at Scottish parliamentary election other than one to which sub-paragraph (b) or (c) below applies, in the form P set out in the Appendix;

• (b) at a Scottish parliamentary election where the proceedings on the issue and receipt of ballot papers are taken together with those proceedings at another election under paragraph 2 above, in the form AA set out in the Appendix; and

• (c) at a Scottish parliamentary election the poll at which is taken together with a poll at another election under article 13 (1) or (2) in any part of the constituency but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, for use in that part of the constituency in which polls at more than one election are taken together, in the form AB set out in the Appendix.

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

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• (1) No person may be present at the proceedings on the issue or receipt of postal ballot papers other than–

• (a) the constituency returning officer and his clerks;

• (b) a candidate for return as a constituency member or an election agent of such a candidate or any person appointed by a candidate to attend in his election agent’s place or;

• (c) except in the case of an election to fill a vacancy in the seat of a constituency member–

• (i) the regional returning officer;

• (ii) an individual candidate for return as a regional member or his election agent or any person authorised by the candidate to attend in his election agent’s place or;

• (iii) the election agent of a registered party standing nominated or the nominating officer of that party or any person authorised by that officer to attend in his place; and

• (d) any agents appointed under sub-paragraph (2) below.

• (2) Where postal ballot papers are to be issued, or the envelopes contained in the postal voters' ballot boxes are to be opened simultaneously in 2 or more batches, each–

• (a) candidate for return as a constituency member; and

• (b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and election agent for a registered party standing nominated,

may appoint one or more agents up to the number he may be authorised by the constituency returning officer to appoint not exceeding the number of such batches so, however, that the number authorised should be the same in the case of each candidate or, as the case may be, election agent for a registered party standing nominated.

• (3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

• (4) Where postal ballot papers for more than one election are issued together under paragraph 2 above, the constituency returning officer to whom notice shall be given under sub-paragraph (3) above and sub-paragraphs (5) and (6) below is the returning officer who issues the postal ballot papers.

• (5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

• (6) Agents may be appointed and notice of appointment given to the constituency returning officer by a candidate’s election agent instead of by the candidate.

• (7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2) above, who are within the number authorised by the constituency returning officer.

• (8) Any of the following persons, namely–

• (a) a candidate for return as a constituency member;

• (b) an individual candidate for return as a regional member;

• (c) the election agent of a registered party standing nominated,

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

• (9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

5

The constituency returning officer shall make arrangements to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 29(4) and (6).

Notice of issue of postal ballot papers

6

• (1) The constituency returning officer shall give each–

• (a) candidate for return as a constituency member;

• (b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and election agent for a registered party standing nominated,

not less than 48 hours notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents such person may appoint under paragraph 4(2) above to attend that issue.

• (2) Where any subsequent issue of postal ballot papers is made, the constituency returning officer shall notify each person required to be notified under sub-paragraph (1) above as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents such person may appoint under paragraph 4 (2) above to attend such issue.

Marking of postal ballot papers etc.

7

• (1) Each postal ballot paper issued shall be stamped with the official mark and the name and number of the elector as stated in the register shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

• (2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

• (3) Where postal ballot papers for more than one election are issued together under paragraph 2 above–

• (a) one mark shall be placed in the absent voters list or the list of postal proxies under sub-paragraph (1) above to denote that ballot papers have been issued in respect of all of those elections, except that where ballot papers are not so issued a different mark shall be placed in the absent voters list or list of postal proxies to identify the election in respect of which the ballot paper was issued; and

• (b) the number of each ballot paper shall be marked on the declaration of identity under sub-paragraph (2) above.

• (4) Where the poll at a Scottish parliamentary election is taken with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, the colours of the postal ballot papers (or, as the case may be, the colour of the postal ballot paper) shall also be marked on the declaration of identity sent with those papers (or as the case may be, that paper).

Refusal to issue postal ballot paper

8

Where a constituency returning officer is satisfied that two or more entries in either the absent voters list, or the list of postal proxies, or in each of those lists relate to the same elector he shall not issue more than one constituency ballot paper or, as the case may be, more than one regional ballot paper in respect of the same elector in respect of the same election.

Envelopes

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• (1) The envelope which the constituency returning officer is required by rule 33 of the Scottish Parliamentary Election Rules to send to a postal voter for the return of postal ballot papers (or, as the case may be, ballot paper) and the declaration of identity (referred to as a “covering envelope”) shall be marked with the letter “B”.

• (2) In addition to the documents referred to in sub-paragraph (1) above, the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with–

• (a) the letter “A”;

• (b) the words “Ballot paper envelope”; and

• (c) the number of each ballot paper.

• (3) Where the poll at one election is taken together with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not be taken together under paragraph 2 above–

• (a) the envelope referred to in sub-paragraph (1) above shall also be marked “Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)”; and

• (b) on the envelope referred to in sub-paragraph (2) above, after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper (s)”.

Delivery of postal ballot papers to post office

10

• (1) Envelopes addressed to postal voters shall be counted and forthwith delivered by the constituency returning officer to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster shall stamp with the post office date stamp a form of receipt to be presented by the constituency returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

• (2) First class postage of all such envelopes and all covering envelopes shall be prepaid by the constituency returning officer.

Provision of postal voters' ballot box

11

• (1) The constituency returning officer shall, at the proceedings on the original issue of postal ballot papers, provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

• (2) Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the constituency returning officer and sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

• (3) Every such ballot box shall be marked “postal voters' ballot box” and with the name of the constituency in which the election is held.

• (4) The constituency returning officer shall make provision for the safe custody of every such ballot box.

Sealing up of special lists and counterfoils

12

• (1) The constituency returning officer, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, shall make up in separate packets–

• (a) the marked copies of the absent voters list and of the list of postal proxies; and

• (b) the counterfoils of those ballot papers which were issued,

and shall seal such packets.

• (2) The sealed packet containing the marked copies of the absent voters list and of the list of postal proxies may be opened by the constituency returning officer for the purposes of a subsequent issue, and on completion of that issue the copies shall be again made up and sealed in accordance with sub-paragraph (1) above.

Spoilt postal ballot paper

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• (1) If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

• (2) Where two or more postal ballot papers have been issued together to him (whether at a Scottish parliamentary general election or under paragraph 2 above), the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1) above, return all of the ballot papers so issued, whether spoilt or not.

• (3) On receipt of the documents referred to in sub-paragraph (1) or (2) above the constituency returning officer shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received too late for a replacement ballot paper or, as the case may be, papers to be returned before the close of the poll.

• (4) Paragraphs 4(1)(a), 5 and 7 to 12 above, except any reference to the presence of the agents, shall apply to the issue of postal ballot papers under sub-paragraph (3) above.

• (5) The spoilt postal ballot paper, and any other postal ballot paper issued with it, the declaration of identity and the ballot paper envelope, shall be immediately cancelled.

• (6) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.

Receipt of postal ballot papers

Receipt of covering envelope

14

The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box sealed in accordance with paragraph 11 above.

Opening of postal voters' ballot box

15

• (1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of the agents.

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

• (3) The constituency returning officer shall give each–

• (a) candidate for return as a constituency member; and

• (b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and the election agent for each registered party standing nominated,

not less than 48 hours notice in writing of the time and place of the opening of each postal voters' ballot box and the envelopes contained in it and of the number of agents such person may appoint under paragraph 4(2) above to be present at each opening.

• (4) The constituency returning officer shall provide a ballot box as a receptacle for postal ballot papers (referred to as “the receptacle for postal ballot papers”) and every such ballot box shall be shown open and empty to the agents present and shall then be locked by the constituency returning officer and sealed with the seal of the constituency returning officer and the seals of such of the agents as desire to affix their seals in such manner as to prevent its being opened without breaking the seal.

• (5) Every ballot box referred to in sub-paragraph (4) above shall be marked “postal voters' ballot papers” and with the name of the constituency in which the election is held.

• (6) The constituency returning officer shall make provision for the safe custody of every such ballot box.

• (7) The ballot box shall be opened at the counting of the votes under rule 53 of the Scottish Parliamentary Election Rules.

Opening of covering envelopes

16

• (1) When a postal voters' ballot box has been opened, the constituency returning officer shall count and note the number of covering envelopes, and shall then open each covering envelope separately.

• (2) Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers) he shall mark the covering envelope “rejected”, attach to it the contents (if any) of the covering envelope and place it in a separate receptacle (referred to as “the receptacle for rejected votes”); and if the covering envelope does not contain the declaration separately, the constituency returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.

• (3) On opening a covering envelope, other than one to which sub-paragraph (2) above applies, the constituency returning officer shall first satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address and, if he is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope or, if there is no such envelope, the ballot paper (or ballot papers), and place it in the receptacle for rejected votes (but before so doing he shall show the declaration to the agents and, if any objection is made by any agent to his decision, he shall add the words “rejection objected to”).

• (4) Where the number (or numbers) on the declaration of identity duly signed and authenticated agrees with the number (or numbers) on the ballot paper envelope, he shall place the declaration in a separate receptacle (referred to as “the receptacle for declarations of identity”) and the ballot paper envelope in another separate receptacle (referred to as “the receptacle for ballot paper envelopes”).

• (5) Where there is no ballot paper envelope or the ballot paper envelope has been opened under sub-paragraph (2) above, he shall place–

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

• (b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”; and

• (c) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) above.

• (6) Where the number (or numbers) on the declaration of identity, duly signed and authenticated, is not the same as the number (or numbers) on the ballot paper envelope or that envelope has no number on it (or only one number where the declaration of identity has more than one) he shall open the envelope and shall place–

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity, duly signed and authenticated;

• (b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “rejected”;

• (c) in the receptacle for rejected votes, any declaration of identity, marked “rejected”, in respect of a ballot paper envelope which either does not contain a ballot paper or, where more than one number appears on the declaration, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper); and

• (d) in the receptacle for declarations of identity, any such declaration not disposed of under sub-sub-paragraph (b) or (c) above.

• (7) Except for the purposes of ascertaining under sub-paragraph (2) above whether a ballot paper envelope contains a declaration of identity or under sub-paragraph (6) above whether the number (or numbers) on the declaration agrees with the number on the ballot paper (or ballot papers), the constituency returning officer shall not open the ballot paper envelopes before they are opened under paragraph 18 below.

Sealing up of rejected votes and declarations of identity

17

On the conclusion of the proceedings under paragraph 16 above the constituency returning officer shall put the contents of the receptacle for rejected votes and the contents of the receptacle for declarations of identity into two separate packets and shall seal up such packets.

Opening of ballot paper envelopes

18

• (1) After sealing up the packets referred to in paragraph 17 above the constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

• (2) He shall place–

• (a) in the receptacle for postal ballot papers, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;

• (b) in a separate receptacle, any other ballot paper which shall be marked “rejected” and to which shall be attached the ballot paper envelope; and

• (c) in the receptacle referred to in sub-sub-paragraph (b) above, any ballot paper envelope which shall be marked “rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper),

and he shall make the contents of the receptacle referred to in sub-sub-paragraph (b) above up into a packet and shall seal such packet.

Abandoned poll

19

• (1) Subject to sub-paragraph (2) below, where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer–

• (a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule; and

• (b) shall, notwithstanding paragraph 17 or 18 above, treat all unopened covering envelopes and the contents of those which have been opened as if they were counted ballot papers.

• (2) Sub-paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2 above.

Forwarding of documents

20

• (1) The constituency returning officer shall forward to the sheriff clerk at the same time as he forwards the documents mentioned in rule 67 of the Scottish Parliamentary Election Rules–

• (a) any packets referred to in paragraphs 12, 13, 17 or 18 above, subject to the provisions of paragraph 19 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency in which the election is held; or

• (b) a completed statement in the form AC set out in the Appendix of the number of postal ballot papers issued.

• (2) Where any covering envelopes are received by the constituency returning officer after the close of the poll or any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued, he shall put them unopened into a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1) above.

• (3) Any packet or statement forwarded under this regulation shall be deemed to have been forwarded in pursuance of the Scottish Parliamentary Election Rules.

• (4) A copy of the statement referred to in sub-paragraph (1)(b) above shall be provided by the constituency returning officer to the Secretary of State.

SCHEDULE 5 — COMBINATION OF POLLS

PART I — GENERAL

Returning officers and polling stations

1

• (1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are taken together under article 13(1)–

• (a) those functions of the returning officer at the local government election which are specified in paragraph 2 below shall be discharged by the constituency returning officer for the Scottish parliamentary election for such part of the local government area as is situated in the Scottish parliamentary constituency; and

• (b) only polling stations used for the Scottish parliamentary election shall be used for the local government election.

• (2) Where the polls for related areas are taken together under article 13(2)–

• (a) the returning officers for those elections shall decide which returning officer shall discharge in the area in which the polls are combined (“the combined area”) those functions of the other which are specified in paragraph 2 below; and

• (b) the only polling stations which shall be used in the combined area at such elections are the polling stations used at the election for which the returning officer who discharges the functions referred to in sub-sub-paragraph (a) acts as returning officer.

Functions at combined polls

2

• (1) The functions referred to in paragraph 1 above are the functions conferred or imposed–

• (a) at a Scottish parliamentary election by those rules in the Scottish Parliamentary Election Rules in Schedule 2 which are specified in sub-paragraph (2) below; and

• (b) at a local government election, by those rules in the rules made under section 42 of the 1983 Act which correspond to the provisions specified in sub-paragraph (2) below,

and, where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, the functions conferred or imposed by that Schedule and by Part V of the 1986 regulations.

• (2) The rules referred to in sub-paragraph (1) above are–

• (a) rule 32(2)(a) (notice of situation of polling stations etc);

• (b) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, rule 33 (postal ballot papers);

• (c) rule 34 (provision of polling stations);

• (d) rule 35(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

• (e) rule 37 (equipment of polling stations);

• (f) rule 39(a) (notification of requirement of secrecy at polling station);

• (g) rule 40(4) (signature of certificate as to employment);

• (h) rule 41(2)(b) (authorisation to order removal from polling station); and

• (i) in rule 53 paragraph (1) (the count) (as substituted by paragraph 18 of this Schedule) and paragraph (5).

Modification of provisions about expenses in this Order and the 1983 Act

3

• (1) Where those functions of a returning officer at an election which are specified in paragraph 2 above are discharged by the returning officer at another election under paragraph 1 above, references to the returning officer or his charges or expenditure–

• (a) in sub-sections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 of the 1983 Act (payments by and to returning officers) as applied and modified by article 18;

• (b) in article 19 (taxation of returning officer’s account); and

• (c) in sub-sections (5) and (6) of section 42 of the 1983 Act (expenses at local elections);

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

• (2) The reference in section 42(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2 above and in respect of the remuneration of presiding officers and clerks include a reference to the returning officer who under paragraph 1 above discharges those functions at the local government election.

• (3) In relation to elections the polls at which are taken together under article 13(1) or (2), the Secretary of State may under section 29(3) of the 1983 Act as applied and modified by article 18 include special provision for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2 above, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1 above.

PART II — MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 13(1) OR (2)

Modifications of the Scottish Parliamentary Election Rules: general provision

4

Where the poll at a Scottish parliamentary election is taken with the poll at a local government election under article 13(1) or (2), the Scottish Parliamentary Election Rules in Schedule 2 to this Order shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Rule 28 (colour of ballot papers)

5

At the end of rule 28 there shall be added–

The ballot paper to be used at a local government election the poll for which is taken together with the poll at a Scottish parliamentary election shall be of a different colour from that of any ballot paper to be used at the Scottish parliamentary election.

Rule 32 (notice of poll)

6

At the end of rule 32 there shall be added–

(3) The notice published under paragraph (2) above shall– (a) state that the poll at the Scottish parliamentary election is to be taken together with the poll at a local government election; (b) specify the relevant local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and (c) where the polls are to be taken together in part of a Scottish parliamentary constituency only, specify that part.

Rule 36 (issue of official poll cards)

7

At the end of rule 36 there shall be added–

(5) An official poll card issued under this rule may be combined with any official poll card issued at a local government election.

Rule 37 (equipment of polling stations)

8

After paragraph (1) of rule 37 there shall be inserted–

(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the Scottish parliamentary election.

Rule 38 (appointment of polling and counting agents)

9

At the end of paragraph (5) of rule 38 there shall be inserted–

Notices of the appointment of polling agents which are required by this paragraph and paragraphs (6) and (7) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.

Rule 43 (questions to be put to voters)

10

In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 43 and in the second question of paragraph (2) of that rule before “election” there shall be inserted “Scottish parliamentary”.

Rule 45 (voting procedure)

11

At the end of rule 45 there shall be added–

(6) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same copy of the register of electors may be used under paragraph (2) above for each election and one mark may be placed in that register under paragraph (2)(d) above or in the list of proxies under paragraph (2)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Rule 46 (votes marked by presiding officer)

12

At the end of rule 46 there shall be added–

(5) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Rule 47 (voting by blind persons)

13

At the end of rule 47 there shall be added–

(10) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of blind voters assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Rule 48 (tendered ballot papers)

14

At the end of rule 48 there shall be added–

(7) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

Rule 50 (adjournment of poll in case of riot)

15

In rule 50(1) for the words “constituency returning officer” there shall be substituted–

returning officer who discharges the functions specified in paragraph 2 of Schedule 5

Rule 51 (procedure on close of poll)

16

After rule 51(1) there shall be inserted–

(1A) The contents of the packets referred to in paragraph (1)(b) to (e) and (g) to (i) above shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under paragraph (4) below be so combined. (1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.

Rule 52 (attendance at counting of votes)

17

• (1) For paragraph (1) of rule 52 there shall be substituted the following paragraphs:–

(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for discharging the functions under rule 53 below (as substituted by paragraph 18 of Schedule 5) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election as soon as practicable after the close of the poll and for thereafter counting the votes at the Scottish parliamentary election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 53 below (as so substituted). (1A) Where the constituency returning officer at the Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and who will give the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

• (2) In rule 52(2), before “at the counting of the votes” there shall be inserted the words “at the proceedings described in rule 53(1) below (as so substituted) or”.

• (3) In rule 52(3) before the words “the counting of the votes” there shall be inserted the words “proceedings described in rule 53(1) below (as so substituted) or ” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be,”.

Rule 53 (the count)

18

For rule 53(1) there shall be substituted–

(1) Where the constituency returning officer at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5 he shall– (a) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election open each ballot box; (b) separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election; (c) make up into packets the ballot papers for the local government election (including any postal ballot papers which have been duly returned) and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate; (d) in the presence of the election agents appointed for the purpose of the Scottish parliamentary election, record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box; (e) in the presence of those election agents verify each ballot paper account in relation to the ballot papers for the Scottish parliamentary election; (f) count such of the constituency postal ballot papers and regional postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted; (g) deliver or cause to be delivered to the returning officer at the local government election to which the ballot papers relate– (i) the containers referred to in sub-paragraph (c) above, together with a list of them and of the contents of each; and (ii) the ballot paper accounts; and (h) at the same time deliver, or cause to be delivered, to that returning officer the packets which so relate containing– (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; and (iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll. (1A) Where a constituency returning officer at a Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5 he shall– (a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 52(1A) above (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container; (b) in the present of the election agents appointed for the purposes of the election verify each ballot paper account; (c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency ballot papers counted and the number of regional ballot papers counted.

Rule 67 (delivery of documents to the sheriff clerk)

19

At the end of rule 67(1) there shall be added–

At an election where the constituency returning officer does not discharge the functions specified in paragraph 2 of Schedule 5, this paragraph shall have effect as if paragraphs (d) and (f) were omitted.

Rule 70 (countermand or abandonment of poll etc. on death of candidate)

20

• (1) At the end of rule 70(1) there shall be added–

Provided that neither the countermand of the poll at the Scottish parliamentary election nor the direction that that poll be abandoned under this paragraph shall affect the poll at the local government election.

• (2) For paragraph (2) of rule 70 there shall be substituted:–

(2) Where the poll at the Scottish parliamentary election is abandoned by reason of a candidate’s death, no further ballot papers at that election shall be delivered in any polling station and, at the close of the poll for the local government election, the presiding officer at any polling station shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the Scottish parliamentary election had not been abandoned, and the returning officer shall dispose of ballot papers used at the Scottish parliamentary election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but– (a) it shall not be necessary for any Scottish parliamentary ballot paper account to be prepared or verified; and (b) the returning officer, having separately the ballot papers relating to the local government election shall take no step or further step for the counting of the ballot papers used at the Scottish parliamentary election or of the votes and shall seal up all those ballot papers, whether the votes in them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

Form of directions for the guidance of the voters in voting in Schedule 5

21

In the Appendix of forms, for form T (giving further information to voters, referred to in rule 37(5)), there shall be substituted form AD set out in the Appendix.

PART III — MODIFICATIONS OF THE SCOTTISH LOCAL ELECTION RULES 1986 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 13(1) OR (2)

Modifications of the local election rules: general provision

22

• (1) Where the poll at a local government election is taken together with the poll at a Scottish parliamentary election under article 13(1) or (2), Schedule 2 to the Scottish Local Elections Rules 1986¹⁸ shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

• (2) In this Part the rules referred to in sub-paragraph (1) above are referred to as “the local election rules”.

Rule 1 of the local election rules (timetable)

23

In rule 1 of the local election rules, in the entry relating to polling, for “8 in the morning and 9” there shall be substituted “7 in the morning and 10”.

Rule 13 of the local election rules (the ballot papers)

24

• (1) At the end of rule 13(2) of the local election rules there shall be inserted–

(e) shall be of a different colour from that of any ballot papers used at a Scottish parliamentary election the poll at which is taken together with the poll at the local government election.

• (2) At the end of rule 13 of the local election rules there shall be added–

(4) References to a Scottish parliamentary election in paragraph (2)(e) above and elsewhere in these rules refer to an election to the Scottish Parliament; and references to a Scottish parliamentary election (and to a poll at such an election) include a reference to Scottish parliamentary elections (and to polls at such elections) where the context so requires.

Rule 17 of the local election rules (notice of poll)

25

At the end of rule 17 of the local election rules there shall be added–

(5) The notice published under paragraph (4) above shall– (a) state that the poll at the local government election is to be taken together with the poll at a Scottish parliamentary election; (b) specify the Scottish parliamentary constituency and region and the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held; and (c) where the polls are to be taken together in part of the local government area only, specify that part.

Rule 21 of the local election rules (issue of official poll cards)

26

At the end of rule 21 of the local election rules there shall be added–

(5) An official poll card issued under this rule may be combined with the official poll card issued at a Scottish parliamentary election.

Rule 22 of the local election rules (equipment of polling stations)

27

• (1) After paragraph (1) of rule 22 (equipment of polling stations) of the local election rules there shall be inserted the following paragraph–

(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the Scottish parliamentary election.

• (2) For rule 22(5) of the local election rules there shall be substituted–

(5) In every compartment of every polling station there shall be exhibited the notice– “Vote once only on each ballot paper. Put no other mark on each ballot paper or your vote may not be counted.”.

Rule 23 of the local election rules (appointment of polling and counting agents)

28

At the end of rule 23(3) of the local election rules there shall be added–

Notices of the appointment of polling agents which are required by this paragraph and paragraphs (4) and (5) below to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.

Rule 28 of the local election rules (questions put to voters)

29

In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 28 and in the second question of paragraph (2) of that rule, after the words “this election” there shall be inserted the words “for this local government area”.

Rule 30 of the local election rules (voting procedure)

30

At the end of rule 30 of the local elections rules there shall be added–

(4) The same copy of the register of electors may be used under paragraph (1) above for each election and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Rule 31 of the local election rules (votes marked by presiding officer)

31

At the end of rule 31(2) of the local election rules there shall be added–

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Rule 32 of the local election rules (voting by blind persons)

32

At the end of rule 32(4) of the local election rules there shall be added–

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Rule 33 of the local election rules (tendered ballot papers)

33

At the end of rule 33(3) of the local election rules there shall be added–

The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

Rule 35 of the local election rules (adjournment of poll in case of riot)

34

At the end of paragraph (1) of rule 35 of the local election rules there shall be inserted the words “who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.”.

Rule 36 of the local election rules (procedure on close of poll)

35

After rule 36(1) of the local election rules there shall be inserted the following paragraphs–

(1A) The contents of the packets referred to in paragraph (1)(b), (c) and (e) above shall not be combined with the contents of the packets made under the corresponding rule that applies at a Scottish parliamentary election; nor shall the statement prepared under paragraph (3) below be so combined. (1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999.

Rule 37 of the local election rules (attendance at counting of votes)

36

• (1) For rule 37(1) of the local election rules there shall be substituted–

(1) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999 he shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who does discharge those functions, but not before 10am on the day following the day of the poll, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place. (1A) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall make arrangements for discharging the functions under rule 38(1) (as substituted by paragraph 37 of Schedule 5 to that Order) in the presence of the counting agents appointed for the purposes of the local government election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 38(1) (as so substituted).

• (2) In paragraph (2) of rule 37 before the words “at the counting of the votes” there shall be inserted the words “at the proceedings under rule 38(1) (as so substituted) or”.

• (3) In paragraph (3) of rule 37 before the words “counting of votes” in the first place where they occur, there shall be inserted the words “proceedings under rule 38(1) (as so substituted) or the” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be,”.

Rule 38 of the local election rules (the count)

37

• (1) For paragraphs (1) of rule 38 of the local election rules there shall be substituted the following paragraphs–

(1) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall– (a) in the presence of the counting agents appointed for the purposes of the local government election open each ballot box; (b) separate the ballot papers relating to the local government election from the ballot papers relating to the Scottish parliamentary election; (c) in the presence of the counting agents appointed for the purpose of the local government election record separately the number of ballot papers for the local government election; (d) if required to do so by a candidate or election agent in the presence of the election agents appointed for the purposes of the local government election verify each ballot paper account; (e) count such of the postal ballot papers for the local government election as have been duly returned and record separately the number counted at each election; (f) make up into packets the ballot papers for the Scottish parliamentary election and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate; (g) deliver, or cause to be delivered, to the constituency returning officer for the Scottish parliamentary election to which the ballot papers relate– (i) those containers, together with a list of them and of the contents of each; and (ii) the ballot paper accounts; and (h) at the same time deliver or cause to be delivered to that officer packets which so relate containing– (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; (iii) the counterfoils of the used ballot papers; and (iv) the certificates as to employment on duty on the day of the poll. (1A) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, he shall– (a) following the receipt of containers from the returning officer who does discharge those functions but not before 10am on the day following the day of the poll or the time specified in the notice given under rule 37(1) (as substituted by paragraph 36 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999) in the presence of the counting agents open each container and record separately the number of ballot papers used in the election, checking the number against the ballot paper account; (b) if required to do so by a candidate or election agent in the presence of the election agents appointed for the purposes of the local government election verify each ballot paper account; (c) count such of the postal ballot papers as have been duly returned and record the number counted.

Rule 45 of the local election rules (delivery of documents)

38

At the end of rule 45 of the local election rules there shall be added–

At an election where the returning officer does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 1999, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.

Rule 48 of local election rules (countermand or abandonment of poll on death of candidate)

39

• (1) At the end of rule 48(1) of the local election rules there shall be added–

Provided that neither the countermand of the poll at the local government election nor the direction that that poll be abandoned shall affect the poll at the Scottish parliamentary election.

• (2) For rule 48(2) of the local election rules there shall be substituted–