The Scottish Parliament (Elections etc.) Order 2010

(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 the first choice 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); or (b) the first choice 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), the regional returning officer shall repeat the procedure required by subsection (4) in respect of the person (if any) whose name appears next in that list (“the second choice”) or, where paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name appears 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), the regional returning officer shall notify to the Presiding Officer the name of that person. (5A) Where— (a) under subsection (4A), the regional returning officer has asked the second choice or a subsequent choice the questions referred to in subsection (4); 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 paragraph (a) or (b) of subsection (4A) apply in respect of the second choice or, as the case may be, of the subsequent choice.

Dissolution of Parliament: minimum period

88

The “minimum period” for the purpose of section 2(3) of the 1998 Act (ordinary general elections) is a period of 28 days, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time).

Advertisements

89

The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984[^f00055] shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to a Scottish parliamentary election as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Forms and documents: variations and translations

90

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

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

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

• (a) the document in Braille;

• (b) the document in languages other than English;

• (c) graphical representations of the information contained in the document;

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

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

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

• (a) the nomination paper;

• (b) a ballot paper.

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

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

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

Sending of applications, notices etc.

91

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

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

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

• (b) in the case of a service voter, to any address provided by that service voter for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate government department (as defined by section 59(3B) of the 1983 Act[^f00056] (meaning of “the appropriate government department”) or, as the case may be, the British Council.

Interference with notices etc.

92

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

Premises used for election purposes

93

Section 98 of the 1983 Act[^f00057] (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result at a Scottish parliamentary election.

Correction of procedural errors

94

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

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

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

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

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

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

• (3) These are the relevant persons—

• (a) an ERO;

• (b) a presiding officer;

• (c) a person providing goods or services to a CRO or RRO;

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

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

Effect of demise of the Crown

95

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.

Consequential amendment

96

In the definition of “election petition” in rule 69.1 of the Rules of the Court of Session 1994[^f00058] (interpretation of Chapter 69: election petitions), for “article 83 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2007” substitute “article 84 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2010”.

Revocations

97

The Orders specified in Schedule 9 (revocations) are revoked.

SCHEDULE 1 — ELECTORS REGISTERS: MISCELLANEOUS AND RELATED PROVISIONS

Supply of free copy of full register for electoral purposes

1

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

• (a) the latest revised version of the register of electors published under section 13(1) or (3) of the 1983 Act[^f00059], as the case may be;

• (b) any notice setting out an alteration to the version of the register of electors published under section 13A(2), 13B(3), (3B) or (3D) or 13BB(4) or (5) of that Act[^f00060]; and

• (c) any record of anonymous entries,

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

• (2) In sub-paragraph (1)—

• (a) “relevant date” means—

• (i) in the case of a general election of members of the Scottish Parliament, the date of the dissolution of the Scottish Parliament as provided for at section 2(3)(a) of the 1998 Act;

• (ii) where the Presiding Officer has proposed a day for the holding of the poll under section 2(5) or 3(2) of the 1998 Act, the announcement of Her Majesty’s intention to dissolve the Parliament; or

• (iii) the occurrence of a vacancy of a constituency seat in the relevant constituency;

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

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

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

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

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

• (c) make use of any such information,

except for the purposes of an election[^f00061].

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

2

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

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

• (b) any notice setting out an alteration to the register of electors published under section 13A(2), 13B(3), (3B) or (3D) or 13BB(4) or (5) of that Act.

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

• (a) specify the documents requested;

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

• (c) state whether a printed copy of any of the documents is requested instead of the version in data form.

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

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

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

• (6) A person falling within paragraph 4 may not make the request set out in sub-paragraph(2)(b).

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

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

3

• (1) This paragraph applies to—

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

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

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

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

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

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

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

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

• (c) make use of any such information,

except for purposes in connection with the office by virtue of which the person is entitled to the register of electors or for electoral purposes[^f00062].

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

4

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

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

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

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

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

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

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

• (c) make use of any such information,

except for electoral purposes[^f00063].

Meaning of “edited register”

5

In this Schedule a reference to the edited register is a reference to the version of the register of electors published under regulation 93 of the 2001 Regulations[^f00064].

SCHEDULE 2 — SCOTTISH PARLIAMENTARY ELECTION RULES

PART 1 — PROVISIONS AS TO TIME

Timetable

1

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

Proceeding	Time	Time
Publication of notice of election.	Not earlier than the thirty-fifth day before the date of the poll and not later than the twenty-eighth day before the date of the poll.	Not earlier than the thirty-fifth day before the date of the poll and not later than the twenty-eighth day before the date of the poll.
Delivery of nomination papers.	Not later than 4 pm on any day after the date of the publication of the notice of election but not later than the twenty-third day before the date of the poll.	Not later than 4 pm on any day after the date of the publication of the notice of election but not later than the twenty-third day before the date of the poll.
The making of objections to nomination papers.	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but—	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but—
	(a)	no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and
	(b)	the foregoing provisions do not apply to objections made in pursuance of rule 22 or 23.
Delivery of notice of withdrawal of candidature.	Within the time for the delivery of nomination papers at the election.	Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated.	(a)	If no objections to nomination papers are made, at the close of the time for doing so, or
	(b)	if any such objections are made, not before they are disposed of but not later than 24 hours after the last time for delivery of nomination papers.
Polling	Between the hours of 7 am and 10 pm on the date of the poll.	Between the hours of 7 am and 10 pm on the date of the poll.

• (2) In the Table in paragraph (1) 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)—

• (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 section 1 of the Banking and Financial Dealings Act 1971[^f00065]; 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 CRO be obliged to proceed with the counting of votes on such a day.

PART 2 — STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election

3

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

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

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

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

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

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

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

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

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

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

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

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

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

Nomination

Nomination of candidate for return as a constituency member

4

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

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

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

• (a) name in full;

• (b) home address in full; and

• (c) if desired, description,

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

• (4) If a candidate commonly uses—

• (a) a surname which is different from any other surname the candidate has, or

• (b) a forename which is different from any other forename the candidate has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

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

• (a) the name of one registered party;

• (b) the names of two registered parties; or

• (c) the word “Independent”.

• (6) In paragraph (5) “name” means, subject to paragraph (7), the name as it has been registered under section 28 of the 2000 Political Parties Act[^f00066] (registration of parties).

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

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

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

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

Nomination of individual candidate for return as a regional member

5

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

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

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

• (a) name in full;

• (b) home address in full; and

• (c) if desired, description, consisting of the word “Independent”,

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

• (4) If a candidate commonly uses—

• (a) a surname which is different from any other surname the candidate has; or

• (b) a forename which is different from any other forename the candidate has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

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

Nomination of candidates on a regional list

6

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

• (2) Each regional list shall include the name of the registered party, and, if desired, a description of that party which has been registered under section 28A of the 2000 Political Parties Act[^f00067], and the use of that name and, where applicable, description shall be authorised by a certificate issued by or on behalf of the registered nominating officer of the party in the form I1 set out in the Appendix.

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

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

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

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

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

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

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

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

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

Constituency nomination papers: name of registered party

7

• (1) A constituency nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered party or parties unless the party (or each party) is a qualifying party in relation to the constituency and the description is authorised by a certificate in the form I2 set out in the Appendix—

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

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

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

Nomination papers and regional lists: miscellaneous

8

• (1) The CRO—

• (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 CRO.

• (2) The RRO—

• (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 RRO.

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

Consent to nomination

9

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

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

• (b) is attested by one witness; and

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

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

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

• (b) is attested by one witness; and

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

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

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

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

• (b) shall state—

• (i) that Q is aware of the provisions of sections 15 to 18 of the 1998 Act[^f00068] and of any Order in Council made under section 15 of that Act;

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

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

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

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

Deposit

10

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

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

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

• (4) The deposit may be made—

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

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

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

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

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

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

Place for delivery of constituency nomination papers

11

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

• (2) The place shall be in—

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

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

Right to attend nomination

13

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

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

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

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

• (d) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Political Parties Act[^f00069] (representatives of the Electoral Commission),

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

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

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

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

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

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

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

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

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

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

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

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

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

Decisions as to validity of constituency nomination papers

14

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

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

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

• (c) the candidate withdraws.

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

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

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

• (c) that the candidate is disqualified by virtue of the Representation of the People Act 1981[^f00070] (disqualification of certain offenders for membership of the House of Commons).

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

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

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

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

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

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

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

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

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

Decisions as to validity of individual nomination papers

15

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

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

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

• (c) the candidate withdraws.

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

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

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

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

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

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

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

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

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

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

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

16

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (6) Where the RRO decides that—

• (a) a regional list is invalid; or

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

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

• (7) The RRO’s decision that—

• (a) a regional list is valid; or

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

shall not be questioned in any proceeding whatsoever.

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

Withdrawal of candidates

17

• (1) A candidate for return as a constituency member may withdraw that candidate’s candidature by notice of withdrawal—

• (a) signed by the candidate and attested by one witness; and

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

• (2) A candidate for return as a regional member may withdraw that candidate’s candidature by notice of withdrawal—

• (a) signed by the candidate and attested by one witness; and

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

• (3) A registered 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 RRO 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 RRO 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 CRO shall prepare and publish a statement showing—

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

• (b) any other persons who have been nominated as such candidates, but who no longer stand nominated, with the reason why they no longer stand nominated.

• (2) The statement shall show the names 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) Unless paragraph (5) applies, if a person’s nomination paper gives a commonly used surname or forename in addition to another name the statement shall show the person’s commonly used surname or forename (as the case may be) instead of any other name.

• (5) This paragraph applies where the CRO thinks—

• (a) that the use of the person’s commonly used name may be likely to mislead or confuse electors; or

• (b) that the commonly used name is obscene or offensive.

• (6) Where paragraph (5) applies, the CRO must give notice in writing to the candidate of the CRO’s reasons for refusing to allow the use of a commonly used name.

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

• (8) The CRO shall send to the Electoral Commission—

• (a) a copy of the statement; and

• (b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 7, a copy of that certificate.

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

19

• (1) The RRO shall prepare and publish a statement showing—

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

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

• (c) any other persons or parties who have been nominated, but who no longer stand 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 and description of the party as given in that list and the names 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 of the persons nominated as individual candidates as given in their individual nomination papers, with the description as “Independent” if that is requested in those papers.

• (4) Unless paragraph (5) applies, if a regional list or an individual candidate’s nomination paper gives a person’s commonly used surname or forename in addition to another name the statement shall show the person’s commonly used surname or forename (as the case may be) instead of any other name.

• (5) This paragraph applies where the RRO thinks—

• (a) that the use of the person’s commonly used name may be likely to mislead or confuse electors; or

• (b) that the commonly used name is obscene or offensive.

• (6) Where paragraph (5) applies, the RRO must give notice in writing to the candidate of the RRO’s reasons for refusing to allow the use of a commonly used name.

• (7) The statement shall show the names and descriptions of the persons standing nominated as individual candidates after the names and descriptions 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.

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

• (9) In the case of a registered 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 RRO 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 RRO 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, that candidate shall no longer stand nominated.

• (10) The RRO shall send a copy of the statement to the Electoral Commission.

Correction of minor errors

20

• (1) A CRO may, if the CRO thinks fit, at any time before the publication under rule 18 of the statement of persons nominated as candidates for return as a constituency member, correct minor errors in the nomination paper.

• (2) A RRO may, if the RRO thinks fit, at any time before the publication under rule 19 of the statement of persons and parties nominated for return as regional members, correct minor errors in the nomination paper.

• (3) Errors which may be corrected include—

• (a) errors as to a person’s electoral number;

• (b) obvious errors of spelling in relation to the details of a candidate or a party.

• (4) Anything done by a CRO or RRO in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition.

• (5) A CRO or RRO shall have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

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

21

• (1) If it appears to the CRO 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 (disqualification of certain offenders for membership of the House of Commons), the CRO 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.

• (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 the candidate is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 am and 4 pm on the day and at the place specified in the notice; and the day so specified shall be the day 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

22

• (1) If it appears to the RRO 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 the RRO 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.

• (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 the candidate is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 am and 4 pm on the day and at the place specified in the notice; and the day so specified shall be the day after the last day for the delivery of individual nomination papers and regional lists.

Adjournment of nomination proceedings in the case of riot

23

• (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

24

• (1) If the statement required by rule 18 shows more than one person standing nominated, a poll shall be taken in accordance with Part 3 of these Rules (contested elections).

• (2) If that statement shows only one person standing nominated, that person shall be declared to be elected in accordance with Part 4 of these Rules (final proceedings in contested and uncontested elections).

Method of election: candidates for return as regional members

25

• (1) Subject to paragraph (2)(b), if the statement of persons required by rule 19 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 3 of these Rules.

• (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 RRO shall, following receipt of the notification under rule 62(3) (declaration of result for constituency members), allocate the seats in accordance with sections 7 and 8 of the 1998 Act[^f00071] (return of regional members at a general election).

PART 3 — CONTESTED ELECTIONS

General Provisions

Poll to be taken by ballot

26

• (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

27

• (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 (statement of persons nominated as candidates for return as a constituency member) 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 J set out in the Appendix, and shall be printed in accordance with the directions in that form, and—

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

• (b) shall have a number and unique identifying mark printed on the back.

• (4) The order of the names in the constituency ballot paper shall be alphabetical, as set out in the statement required by rule 18.

• (5) If a candidate’s description falls within rule 4(5)(a) or (b), and if the candidate so requests, the ballot paper shall also contain, to the right of that candidate’s particulars—

• (a) where the description falls within rule 4(5)(a) (name of one registered party), the registered emblem (or one of the registered emblems) of the party named in that description; or

• (b) where the description falls within rule 4(5)(b) (names of two registered parties), the registered emblem (or one of the registered emblems) of one of the parties named in that description.

• (6) The request must—

• (a) be made in writing to the CRO; and

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

The ballot paper: regional candidates

28

• (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 following, namely—

• (a) the registered parties shown in the statement required by rule 19 (statement of persons nominated as candidates for return as regional members); and

• (b) the individual candidates shown in that statement,

and no others, shall be entitled to have their names and descriptions inserted in the regional ballot paper.

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

• (a) contain the names and, where applicable, descriptions of the registered parties referred to in sub-paragraph (2)(a) as shown in the statement required by rule 19;

• (b) contain the names and, where applicable, descriptions of the individual candidates as shown in the statement required by rule 19; and

• (c) have a number and unique identifying mark printed on the back.

• (4) The order of the names of the registered parties and of the individual candidates in the regional ballot paper shall be alphabetical, as set out in the statement required by rule 19.

• (5) If a request has been made to the RRO under rule 6(7) 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 right of the party’s name, that emblem.

• (6) The regional ballot paper shall be a different colour from the constituency ballot paper.

Corresponding number list

29

• (1) The CRO must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by the CRO in pursuance of rule 34(1) or provided by the CRO in pursuance of rule 38(1).

• (2) The list shall be in the form Z set out in the Appendix.

The official mark

30

• (1) Every ballot paper shall bear an appropriate security marking (the official mark).

• (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 again at a poll for a Scottish parliamentary election held in that constituency.

• (3) The CRO shall determine the official mark or marks to be used for ballot papers at an election and may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

31

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, that person voted.

Use of schools and public rooms

32

• (1) At a Scottish parliamentary election the CRO may use, free of charge, for the purpose of taking the poll or counting the votes—

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

• (b) a room the expense of maintaining which is payable out of local authority funds.

• (2) This rule applies to a school other than an independent school within the meaning given in section 135 of the Education (Scotland) Act 1980[^f00072] (interpretation).

• (3) The CRO 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 or, as the case may be, counting the votes.

• (4) The use of a room in an unoccupied building for that purpose does not render a person liable to pay any council tax or non-domestic rates.

Action to be taken before the poll

Notice of poll

33

• (1) The statement of persons nominated as candidates for return as a constituency member required by rule 18 and the statement of persons and parties nominated for return as regional members required by rule 19 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 CRO shall also give public notice (which may be combined with the statement required by rule 18) of—

• (a) the situation of each polling station;

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

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

Postal ballot papers

34

• (1) Subject to paragraph (2) and to paragraph 7 of Schedule 4 (time when postal ballot papers are to be issued), the CRO shall as soon as practicable send to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form as specified in paragraph 3 of Schedule 4 together with an envelope for their return.

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

• (3) The CRO shall send along with any regional ballot paper a list showing the names of the candidates who appear on the regional list of each party, followed by the names of the individual candidates, as given in the statement prepared under rule 19 (statement of persons nominated as candidates for return as regional members) and arranged in the order in which their names appear on that list.

• (4) The CRO must also issue to those entitled to vote by post such information as the CRO thinks appropriate about how to obtain—

• (a) translations into languages other than English of any directions to or guidance for voters sent with a ballot paper;

• (b) a translation into Braille of such directions or guidance;

• (c) graphical representations of such directions or guidance;

• (d) the directions or guidance in any other form (including any audible form).

• (5) In the case of a ballot paper issued to a person resident in the United Kingdom, the CRO must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

Provision of polling stations

35

• (1) The CRO shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as the CRO 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 CRO 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

36

• (1) The CRO shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary, but the CRO 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 CRO may preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a CRO so presiding with the necessary modifications as to things to be done by the CRO to the presiding officer or by the presiding officer to the CRO.

• (3) A presiding officer may do, by the clerks appointed to assist that presiding officer, any act (including the asking of questions) which the presiding officer 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

37

• (1) The CRO shall as soon as practicable after the publication of notice of the election send to each elector and proxy an official poll card.

• (2) An elector’s official poll card shall be sent or be delivered to the elector’s qualifying address (within the meaning of article 8(11)), and a proxy’s to the proxy’s address as shown in the list of proxies.

• (3) The official poll card shall be in the form set out in the Appendix, and—

• (a) except where sub-paragraph (e) applies, the official poll card issued to an elector shall be in form M;

• (b) the official postal poll card issued to an elector shall be in form M1;

• (c) the official poll card issued to the proxy of an elector shall be in form N;

• (d) the official postal poll card issued to the proxy of an elector shall be in form N1;

• (e) the official poll card issued to an elector who has appointed a proxy shall be in form N2.

• (4) The official poll card may, in addition to the matters in the form, set out such other information, not relating to any candidate or registered party, as the CRO considers appropriate, and different additional information may be provided to different electors or descriptions of elector.

• (5) In this rule, “elector”—

• (a) means a person who is registered in the register of electors for the constituency and the region on the last day for publication of notice of the election; and

• (b) includes a person then shown in that register or in the record of anonymous entries as below voting age if (but only if) it appears from the register or record that the person will be of voting age on the day fixed for the poll.

Equipment of polling stations

38

• (1) The CRO shall provide each presiding officer with such number of ballot boxes and ballot papers as in the CRO’s opinion may be necessary and at a Scottish parliamentary general election separate ballot boxes shall be provided for the constituency ballot papers and for the regional ballot papers.

• (2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

• (3) The CRO shall provide each polling station with—

• (a) materials to enable voters to mark the ballot papers;

• (b) copies of the polling register or such part of it as contains the entries relating to electors allotted to the station;

• (c) the parts of any list of proxies prepared for the election corresponding to the polling register or the part of it provided under sub-paragraph (b);

• (d) a list containing that part of the list prepared under rule 29 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station (“corresponding number list”);

• (e) copies of forms and declarations and other documents required for the purpose of the poll; and

• (f) at least one list showing the names of the candidates who appear on the regional list of each party shown on any regional ballot paper, followed by the names of the individual candidates, as given in the statement prepared under rule 19 and arranged in the order in which their names appear on that list.

• (4) The CRO shall also provide each polling station with—

• (a) at least one enlarged sample copy of a constituency ballot paper and any regional ballot paper for display at the station and at least one enlarged hand-held sample copy of that or those ballot papers for the assistance of voters who are partially sighted (in each case marked as required by article 90); and

• (b) a device of the description set out in paragraphs (5) to (10), for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 48(1)).

• (5) The device referred to in paragraph (4)(b) shall be such that—

• (a) it satisfies the conditions in paragraphs (6) to (10);

• (b) a ballot paper can—

• (i) be inserted into, and removed from, it; or

• (ii) be attached to, and detached from, it; and

• (c) the ballot paper will remain firmly in place once inserted into, or attached to, the device.

• (6) There shall be sufficient space to allow the particulars of each candidate and, where appropriate, registered party named on the ballot paper to be clearly shown.

• (7) There shall be a separate hole in the device for each candidate and, where appropriate, registered party, named on the ballot paper.

• (8) Each hole in the device shall be of equal size.

• (9) Each hole shall be positioned to frame the space to the right of the particulars of the candidate or registered party (as the case may be) on which the vote may be marked (“the relevant space”).

• (10) Each hole shall be sufficiently large to allow a voter to mark a cross in the relevant space on the ballot paper.

• (11) A notice in the form O set out in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

• (12) In every compartment of every polling station there shall be exhibited a notice in the form P set out in the Appendix.

• (13) The statements required by rule 18 (statement of persons nominated as candidates for return as a constituency member) and (except in the case of a poll to fill a vacancy in the seat of a constituency member) rule 19 (statement of persons and parties nominated for return as regional members) shall be printed in conspicuous characters and exhibited inside or outside every polling station and may be exhibited both inside and outside any polling station.

Appointment of polling and counting agents

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• (1) Each candidate for return as a constituency member, each individual candidate for return as a regional member, and the election agent of each registered party standing nominated, may, before the commencement of the poll, appoint—

• (a) polling agents to attend at polling stations for the purpose of detecting personation; and

• (b) counting agents to attend at the counting of the votes.

• (2) The CRO may limit the number of counting agents for candidates for return as a constituency member, but the limit set shall be the same for each candidate.

• (3) The CRO may limit the number of counting agents for individual candidates for return as regional members and for registered parties standing nominated, but the limit set shall be the same for each individual candidate and registered party.

• (4) Notice in writing of an appointment, stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the CRO and shall be so given not later than the fifth day (computed like any period of time in the Table in rule 1(1)) before the day of the poll.

• (5) If an agent dies, or becomes incapable of acting, the person who appointed that agent may appoint another agent in the first agent’s place, and shall forthwith give to the CRO notice in writing of the name and address of the agent appointed.

• (6) Any appointment authorised by this rule may be made, and the notice of appointment given, to the CRO by the election agent instead of by the candidate.

• (7) In the following provisions of these Rules references to polling and counting agents shall be taken as references to agents—

• (a) whose appointments have been duly made and notified; and

• (b) where the number of agents is restricted, who are within the permitted number.

• (8) Any notice required to be given to a counting agent by the CRO may be delivered at or sent by post to the address stated in the notice of appointment.

• (9) Any candidate (or, in the case of a registered party standing nominated, the election agent of that party) may do any act or thing which any polling or counting agent, if appointed by, or on behalf of, the candidate would have been authorised to do, or may assist such agent in doing any such act or thing.

• (10) An election agent for a candidate or registered party standing nominated may do or assist in doing anything which a polling or counting agent of that candidate or party is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

• (11) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent 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

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• (1) The CRO shall make such arrangements as the CRO thinks fit to ensure that every person attending at a polling station and every person attending at the counting of the votes has been given a copy in writing of the provisions of article 31 (requirement of secrecy).

• (2) But these arrangements shall not apply to—

• (a) a person attending a polling station for the purpose of voting;

• (b) a person under 18 years of age accompanying a voter;

• (c) a person assisting a voter with disabilities to vote; or

• (d) a constable on duty at a polling station or at the count.

The Poll

Admission to polling station

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• (1) The presiding officer shall regulate the total number of voters and persons under the age of 18 years who accompany them to be admitted to the polling station at the same time, and shall exclude all other persons except—

• (a) the candidates;

• (b) the election agent of any candidate for return as a constituency member, or of any individual candidate for return as a regional member, or of any registered party standing nominated;

• (c) the polling agents appointed to attend at the polling station;

• (d) the clerks appointed to attend at the polling station;

• (e) the constables on duty;

• (f) the companions of voters with disabilities;

• (g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Political Parties Act[^f00073] (representatives of the Electoral Commission and accredited observers); and

• (h) the CROs and RROs and members of their staff.

• (2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate or of the same registered party.

• (3) Not more than one candidate on a registered party’s regional list shall be admitted at the same time to a polling station.

• (4) A constable or person employed by a CRO or RRO shall not be admitted to vote in person elsewhere than at the person’s own polling station under the relevant provision of this Order, except on production and surrender of a certificate as to the person’s employment, which shall be in the form Q set out in the Appendix and signed by an officer of police of the rank of Inspector or above or by the returning officer in question, as the case may be.

• (5) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station

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• (1) It is the presiding officer’s duty to keep order at the presiding officer’s polling station.

• (2) If a person misconducts himself or herself in a polling station, or fails to obey the presiding officer’s lawful orders, the person may immediately, by the presiding officer’s order, be removed from the polling station—

• (a) by a constable in or near that station; or

• (b) by any other person authorised in writing by the CRO to remove the person,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

• (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

• (4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

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Immediately before the commencement of the poll, the presiding officer shall—

• (a) show each ballot box proposed to be used for the purposes of the poll empty to such persons, if any, as are present in the polling station, so that they may see that each box is empty;

• (b) place the presiding officer’s seal on it in such a manner as to prevent it being opened without breaking the seal;

• (c) place each box in the presiding officer’s view for the receipt of ballot papers; and

• (d) keep it so sealed.

Questions to be put to voters

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• (1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following table—

• (a) may be put by the presiding officer to a person who is mentioned in the first column; and

• (b) in the case of the questions at entries 1 to 4, shall be put if the candidate or the election or polling agent of a candidate or of a registered party standing nominated requires the question to be put: