The Scottish Parliament (Elections etc.) Order 1999

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

Local election rules: form of ballot paper

40

In the Appendix of forms in Schedule 2 to the local election rules, for the front of the form of ballot paper there shall be substituted–

Local election rules: declaration of identity

41

In the Appendix of forms in Schedule 2 to the local election rules, for the form of declaration of identity there shall be substituted form AA or, as the case may be, AE set out in the Appendix to this Order.

Local election rules: elector’s official poll card

42

In the Appendix of forms in Schedule 2 to the local election rules, in the form of an elector’s official poll card and the form of a proxy’s official poll card for “8am to 9pm” there shall be substituted “7am to 10pm”.

Local election rules: declaration to be made by the companion of a blind voter

43

In the Appendix of forms in Schedule 2 to the local election rules, in the form of declaration to be made by the companion of a blind voter–

• (a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this Scottish parliamentary constituency”; and

• (b) for the words “said election” in both places where they occur there shall be substituted the words “said elections”.

SCHEDULE 6 — LEGAL PROCEEDINGS

PART I — ELECTION OR RETURN OF CONSTITUENCY MEMBER

PART II — ELECTION OR RETURN OF REGIONAL MEMBER

SCHEDULE 7 — USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

Use of rooms in school premises

1

• (1) Any arrangements for the use of a room in school premises shall be made with the education authority managing the school or, in the case of a room in the premises of a self-governing school, with the board of management of the school.

• (2) Any question–

• (a) as to the rooms in school premises in any constituency which a candidate for return as a constituency member is entitled to use;

• (b) as to the rooms in school premises in any region which an individual candidate for return as a regional member or a registered party is entitled to use;

• (c) as to the times at which that candidate or party is entitled to use them; or

• (d) as to the notice which is reasonable,

shall be determined by the Secretary of State.

Lists of rooms in school premises

2

• (1) It is the duty of the proper officer of every local authority to prepare and keep for each Scottish parliamentary constituency wholly or partly situated in the area of that authority–

• (a) a list of rooms in school premises;

• (b) a list of meeting rooms,

which candidates for return as constituency members or individual candidates for return as regional members or registered parties are entitled to use.

• (2) The list shall include the rooms in premises outside, as well as those in premises inside, the constituency.

Inspection etc. of lists

3

• (1) Subject to sub-paragraph (2) below, in the event of a publication of a notice of election any person stating himself to be, or to be authorised by–

• (a) a candidate or his election agent; or

• (b) a registered party’s nominating officer or the election agent of that registered party in relation to a regional list submitted by that party,

shall be entitled at all reasonable hours to inspect those lists or a copy of them.

• (2) The rights conferred by sub-paragraph (1) above on an individual candidate for return as a regional member or a registered party’s nominating officer (or the election agent of such a candidate or party) shall not apply in relation to an election to fill a vacancy in the seat of a constituency member.

SCHEDULE 8 — MODIFICATION OF ENACTMENTS

PART I — PUBLIC GENERAL ACTS

Reserve Forces Act 1996 (c. 14)

1

In section 125(a) of the Reserve Forces Act 1996 (absence for voting) after “Member of Parliament” there is inserted “a Member of the Scottish Parliament”.

PART II — SUBORDINATE LEGISLATION

The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)

2

In paragraph (2) of regulation 130 of the Local Government Pension Scheme (Scotland) Regulations 1998 (separate employments etc.)–

• (a) after sub-paragraph (a) “or” is omitted; and

• (b) at the end there is added–

; or (c) as a returning officer at elections to the Scottish Parliament.

Rules of the Court of Session 1994 (S.I. 1994/1443)

3

• (1) In rule 69.1 of the Rules of the Court of Session 1994 (interpretation of this Chapter)–

• (a) in the definition of “election petition” after the words “Act of 1983” insert the following–

or a petition presented under Part III of the Act of 1983 as applied and modified by article 85 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 1999; and any reference in this Chapter to an election petition shall be construed as a reference to a Scottish parliamentary election petition where it is a petition brought in relation to a Scottish parliamentary election

; and

• (b) after the definition of “election petition” insert the following–

• “region” means a region for the purposes of the Scotland Act 1998¹⁹; and any reference in this Chapter to a constituency shall be construed as a reference to a constituency for the purposes of the said Act of 1998 where it is used in relation to a Scottish parliamentary election;
• “Scottish parliamentary election” means an election for membership of the Scottish Parliament.

• (2) In rule 69.9 (time and place of trial) in paragraphs (1)(c) and (2) after the word “constituency” insert the words “or as the case may be, region”;

• (3) In rule 69.10 (postponement of trial), in paragraph (2) after the word “constituency” insert the words “or as the case may be, region”.

• (4) In rule 69.19 (application for leave to withdraw election petitions), in paragraphs 2(c) and (3), after the word “constituency” insert the words “or as the case may be, region”.

• (5) In rule 69.23 (death of petitioner), in paragraphs (1)(c) and (2), after the word “constituency” insert the words “or as the case may be, region”.

• (6) In rule 69.24 (applications to be substituted on death of petitioner), in paragraph (2)(c), after the word “constituency” insert the words “or as the case may be, region”.

• (7) In rule 69.26 (death or peerage of respondent)–

• (a) for the heading to that rule, substitute the following–

• (b) after paragraph (1)(b), the word “or” shall be omitted; and

• (c) after paragraph (1)(c), insert the following-

, or (d) a respondent resigns or otherwise ceases to be a member of the Scottish Parliament,

• (8) In rule 69.27 (applications to be admitted as respondent), in paragraph (b) for the words “(death or peerage of respondent)” substitute the words “(death, peerage or resignation of respondent)”.

• (9) In rule 69.29 (motions in election petitions), in paragraph (3)(d) after the word “constituency” insert the words “or as the case may be, region”.

• (10) In Form 69.2 (form of Parliamentary or European parliamentary election petition), for the heading, substitute the following–

• (11) In Form 69.4 (form of bond of caution in election petition), in line 4, after the words “(name of constituency)” insert the words “or member of the Scottish Parliament for (name of constituency or region)”.

• (12) In Form 69.5 (form of notice of the presentation of an election petition and of the nature of the proposed security), in line 4 of paragraph (1), after the words “European Parliament” insert the words “or member of the Scottish Parliament”.

• (13) In Form 69.19 - B (form of application for leave to withdraw petition), in lines 2 and 3 for the words “Parliamentary [or European parliament constituency of” substitute the words “Parliamentary [or European Parliament or Scottish Parliamentary] constituency [or region] of”.

Signed

Donald C. Dewar — Secretary of State for Scotland — 10th March 1999

Explanatory note

(This note is not part of the Order)

This Order makes provision as to the conduct of elections and return of members to the Scottish Parliament (“the Parliament”) which was established by the Scotland Act 1998.

Part I of the Order contains general provisions concerning the commencement, citation and interpretation of the Order.

Part II of the Order makes provision about the franchise for the Parliament and its exercise.

Part III of the Order makes provision concerning election campaigns at Scottish parliamentary elections.

Part IV of the Order (with Schedule 6) makes provision in connection with legal proceedings.

Part V of the Order makes miscellaneous and supplemental provision, for example, in relation to the filling of certain vacancies.

Schedule 1 makes provision in respect of electors lists and registers.

Schedule 2 contains the Scottish Parliamentary Election Rules.

Schedule 3 makes provision concerning absent voting.

Schedule 4 makes provision about the issue and receipt of postal ballot papers.

Schedule 5 makes provision concerning the combination of polls.

Schedule 6 applies certain provisions of the Representation of the People Act 1983 with modifications, concerning with legal proceedings.

Schedule 7 makes provision in connection with the use of rooms in school premises and meeting rooms for election meetings.

Schedule 8 makes modifications of certain enactments which are consequential on the provision of the Order.

The Appendix sets out certain forms for use at Scottish parliamentary elections.

Footnotes