Legalize / United Kingdom / Statutory-Instrument

The Scottish Parliament (Elections etc.) Order 2010

Type Statutory-Instrument

Publication 2010-12-16

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(7) The fact that an applicant is registered as a blind person with a local authority shall be deemed sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in article 8(3)(c).

(8) In this paragraph and paragraphs 6 and 7, “the applicant’s allotted polling station”, in relation to an elector, means the polling station allotted or likely to be allotted to the elector under this Order.

(9) Until section 59(1) of the Public Services Reform (Scotland) Act 2010 (registration of care services) comes fully into force, in sub-paragraph (2)(j) the reference to “Part 5 of the Public Services Reform (Scotland) Act 2010” shall be read as a reference to “Part 1 of the Regulation of Care (Scotland) Act 2001[^f00094].

Additional requirements for applications for a proxy vote based on occupation, service or employment

6

(1) An application to vote by proxy for a particular or indefinite period under paragraph (2), as read with paragraph (3)(d), of article 8 shall state—

(a) whether the occupation, service or employment, in respect of which it is made, is that of the applicant or the applicant’s spouse or civil partner or, as the case may be, it is the applicant or the applicant’s spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made;

(b) the nature of the occupation, service, employment or course provided by an educational institution giving rise to the application;

(c) where the person in respect of whose occupation, service or employment it is made (in this paragraph referred to as “the employed person”) is self-employed, that fact and, in any other case, the name of that person’s employer; and

(d) the reason relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to the applicant’s allotted polling station.

(2) Such an application shall be attested and signed—

(a) where the employed person is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the employed person; and

(iii) is not related to the employed person;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the principal or head.

(3) For the purposes of sub-paragraph (2)(a) and of sub-paragraph (5)(a), one person is related to another if the person is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

(4) The person (“P”) attesting an application under sub-paragraph (2) shall—

(a) where the applicant is the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (d) are true; or

(b) where the applicant is the spouse or civil partner of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (1)(a) to (c) are true.

(5) P shall also state—

(a) in the case of a person who attests an application under sub-paragraph (2)(a), P’s name and address, and that P is aged 18 years or over, knows the employed person, but is not related to the employed person;

(b) in the case of a person who attests an application under sub-paragraph (2)(b), either that P is the employer of the employed person or the position P holds in the employment of that employer; or

Additional requirements for applications for a proxy vote in respect of a particular election

7

(1) An application under article 9(2) to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station.

(2) Where an application under article 9(2)—

(a) is made on the grounds of the applicant’s disability; and

(b) is made after 5 pm on the sixth day before the date of the poll at the election for which it is made,

the requirements of paragraph 5 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in sub-paragraph (2) is made, the person who attests the application shall state, in addition to those matters specified in paragraph 5(4), to the best of the person’s knowledge and belief, the date upon which the applicant became disabled.

(4) Where an application under article 9(2) is made by a person to whom paragraph 2(5A) of Schedule 4 to the 2000 Act[^f00095] (mental patients who are not detained offenders) applies after 5 pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (5) as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in sub-paragraph (4) is made—

(a) the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b) the application shall be attested by a manager (or a person on behalf of a manager) within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 responsible for the administration of the hospital at which the applicant is liable to be detained, and the attestation shall state—

(i) the name of the manager attesting the application;

(ii) that the manager is authorised to attest the application;

(iii) the position of the manager in the hospital at which the applicant is liable to be detained; and

(iv) the statutory provision under which the applicant is liable to be detained at the hospital.

(6) This paragraph does not apply where an applicant has an anonymous entry.

Additional requirements for applications for appointment of a proxy

8

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 the applicant’s proxy, together with the person’s family relationship, if any, with the applicant, and—

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

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

Closing dates for applications

9

(1) An application—

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

(b) to vote by proxy under article 8(7);

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

shall be disregarded for the purposes of any particular election, and an application by a postal voter for the voter’s ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(4) shall be refused, if it is received by the ERO after 5 pm on the eleventh day before the date of the poll at that election.

(2) An application—

(a) to vote by proxy under article 8(2);

(b) for the appointment of a proxy under article 10(6),

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

(3) An application (other than an application to which sub-paragraph (4) applies)—

(a) to vote by proxy under article 9(2);

(b) for the appointment of a proxy under article 10(7),

shall be refused if it is received by the ERO after 5 pm on the sixth day before the date of the poll at the election for which it is made.

(4) Where—

(a) an application to vote by proxy under article 9(2) is made on the grounds of the applicant’s disability; and

(b) the applicant became disabled after 5 pm on the sixth day before the date of the poll at the election for which it is made,

the application, or an application under article 10(7) made by virtue of that application, shall be refused if it is received after 5 pm on the day of the poll at that election.

(5) An application—

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

(b) from a proxy postal voter for the voter’s ballot papers to be sent to a different address at a particular election under article 11(6),

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

(6) 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(9)(a) by a proxy to be removed from the record kept under article 11(5); and

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

(7) In computing a period of days for the purposes of this paragraph—

(a) a Saturday or a Sunday;

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

shall be disregarded.

Grant or refusal of applications for a postal or proxy vote

10

(1) Where the ERO grants an application under article 8, 9, 10 or 11 the ERO shall, where practicable, notify the applicant of the ERO’s decision.

(2) Where the ERO grants an application for the appointment of a proxy, the ERO shall, where practicable—

(a) confirm in writing to the elector that the proxy has been appointed, the proxy’s name and address and the duration of the appointment; and

(b) confirm in writing to the proxy that the proxy has been appointed, the elector’s name and address and the duration of the appointment.

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

(4) Where the ERO does not grant an application under article 8, 9, 10 or 11, the ERO shall notify the applicant of the ERO’s decision and, in the case of an application under article 8(1) or 11(4), of the reason for the ERO’s decision; and the ERO shall date such notification.

(5) Where under paragraph 9(1), (2) or (6) the ERO disregards an application or notice for the purposes of any particular election, the ERO shall, where practicable, notify the applicant of this.

(6) Where a person is removed from the record kept in pursuance of article 8(4), the ERO shall, where practicable, notify the person of this and the reason for it.

(7) At an election where the ERO is not the CRO for any constituency or part of a constituency for which the ERO is the ERO, the ERO shall send to that CRO details of any application to vote by post which the ERO has granted as soon as practicable after doing so.

Notice of appeal

11

(1) A person desiring to appeal under article 4(1) against the decision of an ERO must give notice of the appeal to the ERO within 14 days of the receipt of the notice given under paragraph 10(4), specifying the grounds of the appeal.

(2) The ERO shall forward any such notice to the sheriff with a statement of—

(a) the material facts which in the ERO’s opinion have been established in the case;

(b) the ERO’s decision upon the whole case;

and shall also give to the sheriff any other information which the sheriff may required and which the ERO is able to give.

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

Cancellation of proxy appointment

12

(1) Where the appointment of a proxy is cancelled by notice given to the ERO 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 ERO shall—

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

(b) remove the person’s name from the record kept under article 8(4).

(2) The ERO shall, where practicable, also notify the elector that the appointment has been cancelled or, as the case may be, notify the elector that the appointment has ceased and the reason for it.

Inquiries by registration officer about postal and proxy voters

13

(1) The ERO may, at such times as the ERO thinks fit, make inquiries 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(3)(d) or (e).

(2) The ERO may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) 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.

Requirement to provide fresh signatures at five yearly intervals

14

(1) The ERO shall every year by 31st January send every person who remains an absent voter and whose signature held on the personal identifiers record is more than five years old a notice in writing—

(a) requiring the absent voter to provide a fresh signature; and

(b) informing the absent voter of the date (six weeks from the date of sending the notice) on which the absent voter would cease to be entitled to vote by post or by proxy in the event of a failure or refusal to provide a fresh signature.

(2) The notice must be sent by the ERO to the current or last known address of the absent voter.

(3) The ERO must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to the absent voter.

(4) Where a notice or copy of a notice is sent by post, the ERO may use—

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage shall be prepaid.

(5) A notice or copy of a notice sent to an absent voter in accordance with sub-paragraph (1) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(6) The ERO must, no later than the date specified in the notice sent to the absent voter in accordance with sub-paragraph (1), determine whether the absent voter has failed or refused to provide a fresh signature.

(7) Where the ERO determines that the absent voter has failed or refused to provide a fresh signature the ERO must from the date specified in the notice sent to the absent voter in accordance with sub-paragraph (1) remove that person’s entry from the records kept under article 8(4) or 11(5) and from the postal voters list, list of proxies or proxy postal voters list (as the case may be).

(8) Where an ERO removes an absent voter’s entry in the circumstances to which sub-paragraph (7) refers—

(a) the ERO shall inform the absent voter of the location of the polling station to which the absent voter has been allotted or is likely to be allotted under rule 35 of the Scottish Parliamentary Election Rules, unless that voter is not likely to be allotted to a polling station;

(b) paragraph 10(4) and 9 shall apply as if the ERO were refusing an application under article 8, 9, 10 or 11; and

(c) in the case of an entry removed from the proxy postal voters list, the ERO must also notify the elector who appointed the proxy whose entry has been removed.

(9) The ERO shall include in the notice to be sent to an absent voter regarding the absent voter’s removal from the records kept under article 8(4) or 11(5) and (as the case may be) from the postal voters list, the list of proxies or the proxy postal voters list, information—

(a) explaining the effect of such removal; and

(b) reminding the absent voter that the absent voter may make a fresh application under article 8, 9, 10 or 11 to vote by post or by proxy (as the case may be).

Absent voting lists: form

15

(1) Subject to the provisions of this paragraph, the records kept under articles 8(4) and 11(5) and the postal voters list, list of proxies and proxy postal voters list[^f00097] shall be in such form as the ERO thinks fit.

(2) In the postal voters list 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 the person’s name and electoral number (except in the case of a person to whom article 9(6) applies).

(3) In 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 (except in the case of a person to whom article 9(6) applies).

(4) In the proxy postal voters list the name of the proxy, together with the address to which the proxy’s ballot paper shall be sent, shall be placed on the right hand side of the elector’s name and electoral number (except in the case of a person to whom article 11(8) applies).

(5) In this paragraph, “electoral number” means a person’s number in the register to be used at the election.

Absent voting lists: supply of copies, etc.

16

(1) Any person entitled to be supplied, in accordance with any of the provisions specified in sub-paragraph (2), with copies of the full register is also a person entitled, subject to this paragraph and paragraph 20, to request that the ERO supply, free of charge, the relevant part (within the meaning of those provisions) of a copy of any of the following information which the ERO keeps—

(a) the current version of the information which would, in the event of a particular Scottish parliamentary election, be included in the postal voters list, the list of proxies or the proxy postal voters list;

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters list.

(2) The provisions referred to in sub-paragraph (1) are—

(a) paragraph 3 of Schedule 1 (supply of full register etc to elected representatives for electoral purposes and restrictions on use);

(b) paragraph 4 of Schedule 1 (supply of full register etc to certain candidates and restriction on use); and

(i) regulation 104[^f00098] (supply of full register etc. to local constituency parties and restrictions on use); and

(ii) regulation 105[^f00099] (supply of full register etc. to registered political parties etc. and restrictions on use).

(3) A request under sub-paragraph (1) shall be made in writing and shall specify—

(a) the information (or the relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(4) A person who obtains any information under this paragraph may use it only for—

(a) research purposes within the meaning of that term in section 33 of the Data Protection Act 1998[^f00100]; or

(b) electoral purposes,

and such use shall be subject to any restrictions specified in paragraph 20 or, where the request for entitlement is made by reference to entitlement under the provisions specified in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of those provisions entitled that person to obtain that information.

(5) The ERO shall supply the current copy of the information requested under sub-paragraph (1), as soon as practicable after receipt of a request that is duly made.

(6) The ERO shall supply a copy of the postal voters list or the proxy postal voters list as soon as practicable after 5 pm on the eleventh day before the day of the poll, in response to a request under sub-paragraph (1) that has been duly made.

(7) As soon as practicable after 5 pm on the sixth day before the day of the poll the ERO shall –

(a) make a copy of the postal voters list, the list of proxies and the proxy postal voters list available for inspection at the ERO’s office in accordance with paragraph 17;

(b) if the ERO is not the CRO for any constituency or part of a constituency in the area for which the ERO is the ERO, send to the CRO a copy of those lists; and

(c) supply a final copy of the postal voters list, the list of proxies or the proxy postal voters list in response to every request under sub-paragraph (1) that has been duly made.

(8) The ERO shall supply a final copy of the list of proxies, updated to include any additions to that list made in consequence of any applications granted in accordance with paragraph 9(4), as soon as practicable after 5 pm on the day of the poll, to every person who received that list in accordance with sub-paragraph (7)(c).

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a) supply a copy of the information to a processor for the purpose of processing the information; or

(b) procure that a processor processes and supplies to that person any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) A processor may not disclose the information covered by sub-paragraph (1) except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.

Absent voting lists: inspection

17

(1) Any person is entitled to request that the ERO make available for inspection a copy of any of the information specified in paragraph 16(1).

(2) A request under sub-paragraph (1) shall be in writing and shall specify—

(a) the information (or the parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for inspection of any final list;

(d) the date on which the person wishes to inspect the information; and

(e) whether the person would prefer to inspect the information in a printed or data form.

(3) The ERO shall make a copy of the information available for inspection under supervision on the date requested or as soon as practicable thereafter, if the request under sub-paragraph (1) has been duly made.

(4) Where inspection requested under sub-paragraph (1) takes place by providing a copy of the information on the computer screen or otherwise in data form, the ERO shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other means.

(5) A person who inspects a copy of information provided under sub-paragraph (3), whether in printed or in data form, may not—

(a) make copies of any part of it; or

(b) record any particulars in it,

otherwise than by means of handwritten notes.

(6) Any duty on an ERO to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the ERO holds it.

Supply and inspection of absent voting lists: general provisions

18

(1) For the purposes of paragraphs 16 and 17,—

(a) a “current” copy of records or lists is a copy of the records or lists as kept by the ERO at the beginning of the day it is supplied;

(b) “processor” means a person who provides a service which consists of putting information into a data form and any reference to a processor includes a reference to the processor’s employees; and

(2) The ERO shall ensure that where the ERO supplies or discloses information covered by paragraph 16(1)(a) in accordance with paragraph 16 or 17, the ERO does not supply or disclose any record relating to—

(a) a person who has an anonymous entry; or

(b) the proxy of a person who has an anonymous entry.

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

19

(1) This paragraph applies to—

(a) the ERO; and

(b) any person appointed to assist any such officer or who in the course of that person’s employment is assigned to assist any such officer in that officer’s registration duties.

(2) Where the ERO is also the CRO at a Scottish parliamentary election (and thereby has access to the information covered by paragraph 16(1) without being supplied with a copy of it) this paragraph also applies to—

(a) the ERO acting in that other capacity; and

(b) any person appointed to assist the CRO or who in the course of that person’s employment is assigned to assist that officer in that officer’s duties in respect of the Scottish parliamentary election.

(3) No person to whom this paragraph applies may—

(a) supply to any person a copy of the information covered by paragraph 16(1); or

(b) disclose any of that information,

otherwise than in accordance with an enactment, including this Order.

(4) Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person’s registration duties or for the purposes of an election or referendum.

20

(1) This paragraph applies to any person who has obtained access to the information covered by paragraph 16(1) by any means.

(2) No person to whom this paragraph applies may—

(a) supply a copy of the information or any part of that information;

(b) disclose any of that information; or

other than for a permitted purpose construed in accordance with sub-paragraph (3).

(3) The “permitted purpose” shall mean either—

(a) research purposes within the meaning of that term in section 33 of the Data Protection Act 1998; or

(b) electoral purposes.

Supply and inspection of absent voting lists: offences

21

(1) A person (“P”) is guilty of an offence—

(a) if P contravenes paragraph 16(4), 17(5), 19(3) or 20(2); or

(b) if P is an appropriate supervisor of a person (“Q”) who contravenes any of those provisions and P failed to take appropriate steps.

(2) Q is not guilty of an offence under sub-paragraph (1) if—

(a) Q had an appropriate supervisor, and

(b) Q has complied with all the requirements imposed on Q by Q’s appropriate supervisor.

(3) A person (“R”) who is not Q or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if R takes all reasonable steps to ensure that R complies with the provisions specified in sub-paragraph (1)(a).

(4) In sub-paragraphs (1)(b), (2) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which Q is employed or under whose direction or control Q is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).

(5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The personal identifiers record

22

(1) The ERO shall maintain a record (“the personal identifiers record”), apart from the other records and lists which the ERO is required to keep under articles 8, 9 and 11, of the signatures and dates of birth provided by persons whose applications under article 8(1) or (2), article 9(1) or (2) or article 11(4) were granted, until the expiry of twelve months from—

(a) the date on which a person is removed from the record kept pursuant to article 8(4) or article 11(5); or

(b) the date of the poll for the purposes of which the person’s application to vote by post or by proxy or to vote by post as proxy was granted under article 9(1) or (2) or article 11(4).

(2) The personal identifiers record shall contain the following information in respect of each absent voter on the postal voters list, the list of proxies or the proxy postal voters list—

(a) the absent voter’s name;

(b) the absent voter’s date of birth; and

(3) The CRO may disclose information held in the personal identifiers record to—

(a) any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with, and for the purposes of, paragraphs 20(4), 21(4) and 22(3) of Schedule4;

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Political Parties Act[^f00101] (representatives of the Electoral Commission and accredited observers), but only to the extent required to permit them to observe the proceedings.

Use of personal identifier information

23

(1) The ERO must either—

(a) provide the CRO for an election with a copy of the information contained in records kept by the ERO in pursuance of articles 8(9), 9(8) and 11(12) in relation to electors at the election; or

(b) give the CRO access to such information.

(2) Information contained in records kept by an ERO in pursuance of articles 8(9), 9(8) and 11(12) may be disclosed by the ERO to—

(a) any other ERO if the first ERO thinks that to do so will assist the other ERO in the performance of the other ERO’s duties; or

(b) any other person exercising functions in relation to the preparation or conduct of legal proceedings under this Order.

Marked register for polling stations

24

To indicate that an elector or the elector’s 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 entry of that elector in any copy of the register, or part of it, provided for a polling station.

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 10;

“issue” includes the original and any subsequent issue;

“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 proxy postal voter);

“postal voters’ ballot box” means the ballot box referred to in paragraph 16(1)(a);

“receptacle for ballot paper envelopes”, “receptacle for postal voting statements”, “receptacle for rejected ballot paper envelopes” and “receptacle for rejected votes” mean, respectively, the receptacles referred to in paragraph 16(5);

“spoilt ballot paper” means a ballot paper referred to in paragraph 13(1); and

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph 20 or 21 the CRO is satisfied has been duly completed.

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 postal voting statement

3

The postal voting statement sent with the postal ballot paper to a postal voter shall be—

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

(b) in the form U set out in the Appendix 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; and

(c) in the form V set out in the Appendix 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, for use in that part of the constituency in which polls at more than one election are taken together.

Persons entitled to be present at proceedings on issue of postal ballot papers

4

(1) Without prejudice to the provisions of section 6A, 6B, 6C or 6D of the 2000 Political Parties Act[^f00102] (representatives of the Electoral Commission and accredited observers), no person may be present at the proceedings on the issue of postal ballot papers other than the CRO and members of the CRO’s staff.

(2) The CRO shall be the relevant officer for the purposes of section 6E of that Act (powers of a relevant officer to limit attendance and the conduct of observers).

Persons entitled to be present at receipt of postal ballot papers

5

(1) Without prejudice to the provisions of section 6A, 6B, 6C, or 6D of the 2000 Political Parties Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the CRO and members of the CRO’s staff;

(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 the election agent’s place;

(i) the RRO;

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

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

(d) an agent appointed under sub-paragraph (3).

(2) The CRO shall be the relevant officer for the purposes of section 6E of the 2000 Political Parties Act.

(3) 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 each election agent for a registered party standing nominated,

may appoint one or more agents up to the number authorised by the CRO to appoint, 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.

(4) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the CRO before the time fixed for the opening of the postal voters’ ballot boxes.

(5) If a notice of appointment under sub-paragraph (4) states more names than are authorised by the CRO under sub-paragraph (3), the CRO must, after consulting the candidate or election agent who submitted the notice, determine which of the persons named (being the number of agents so authorised) are to be taken as having been appointed.

(6) Where postal ballot papers for more than one election are issued together under paragraph 2, the CRO to whom notice must be given under sub-paragraph (4) and sub-paragraphs (7) and (8) is the returning officer who issues the postal ballot papers.

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

(8) Agents may be appointed and notice of appointment given to the CRO by a candidate’s election agent instead of by the candidate.

(9) 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 (3), who are within the number authorised by the CRO.

(10) 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;

may do any act or thing which any of that person’s agents, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.

(11) 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

6

The CRO 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 31(5) and (7).

Time when postal ballot papers are to be issued

7

(1) In the case of a person shown in the record kept under—

(a) article 8(4); or

(b) article 11(5),

no postal ballot paper (and no postal voting statement) shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 9(7) of Schedule 3).

(2) In the case of any other person, the postal ballot paper (and postal voting statement) shall be issued by the CRO as soon as practicable after the ERO has granted the application to vote by post.

Procedures on the issue of postal ballot papers

8

(1) Each postal ballot paper issued shall bear the official mark and the name and number of the elector as stated in the polling register shall be called out, and such number shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector, and a mark shall be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector’s proxy but without showing the particular ballot paper issued.

(2) The number of a postal ballot paper shall be marked on the postal voting statement sent with that paper.

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

(a) one mark shall be placed in the postal voters list or the proxy postal voters list under sub-paragraph (1) 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 postal voters list or proxy postal voters list 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 postal voting statement under sub-paragraph (2).

(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, 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 postal voting statement sent with those papers (or as the case may be, that paper).

(5) The address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 10 are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list; and

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(6) Where a person has an anonymous entry in the register of electors, the items specified in sub-paragraph (5) must be sent (as the case may be) to the address to which postal ballot papers should be sent—

(a) as shown in the record kept under article 8(4); or

(b) as given in pursuance of an application made under article 9(1) or (2).

Refusal to issue postal ballot paper

9

Where a CRO is satisfied that two or more entries in either the postal voters list, the list of proxies or the proxy postal voters list, or in each of those lists relate to the same elector the CRO 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

10

(1) The envelope which the CRO is required by rule 34 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, a postal ballot paper) and the postal voting statement (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), the CRO 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

(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 taken together under paragraph 2—

(a) the envelope referred to in sub-paragraph (1) 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), 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

11

(1) For the purpose of delivering postal ballot papers, the CRO may use—

(a) a universal postal service provider;

(b) a commercial delivery firm; or

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the CRO with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).

(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Security of marked lists

12

(1) As soon as practicable after the issue of each batch of postal ballot papers, the CRO shall make up into a packet the corresponding number list of those ballot papers which have been issued and shall seal such a packet.

(2) Until the time referred to in paragraph 19(11) for the opening of covering envelopes, the CRO shall take proper precautions for the security of the marked copy of the postal voters list and the postal proxy voters list.

Spoilt ballot paper

13

(1) If a postal voter has inadvertently dealt with that voter’s postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) the postal voter may return (either by hand or by post) to the CRO the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter shall also return—

(a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not;

(b) where two or more postal ballot papers have been issued together to the postal voter (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued, whether spoilt or not; and

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2) the CRO shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received after 5 pm on the day of the poll.

(4) Where the CRO receives the documents referred to in sub-paragraphs (1) and (2) after 5 pm on the day before the day of the poll, the CRO shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returns the documents by hand.

(5) Paragraphs 4, 5, 6 and 8 to 12 shall apply to the issue of postal ballot papers under sub-paragraph (3).

(6) Any postal ballot paper and the postal voting statement, whether spoilt or not, returned in accordance with sub-paragraphs (1) and (2) shall be immediately cancelled.

(7) The CRO, 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 be again made up and sealed.

(8) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the CRO may hand a replacement postal ballot paper to the postal voter;

(b) after 5 pm on the day before the day of the poll, the CRO may only hand a replacement postal ballot paper to the postal voter;

instead of delivering it in accordance with paragraph 11.

(9) The CRO shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and number of the elector as stated in the polling register (or in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

(b) the number of the postal ballot paper (or papers) issued under this paragraph; and

Lost postal ballot paper

14

(1) Where a postal voter claims either to have lost or not to have received—

(a) the postal voter’s postal ballot paper;

(b) the postal voting statement; or

by the fourth day before the day of the poll, the postal voter may apply (whether or not in person) to the CRO for a replacement ballot paper.

(2) Such an application shall include evidence of the voter’s identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter shall return—

(a) the documents referred to in sub-paragraph (1)(a) to (c); and

(b) where two or more postal ballot papers have been issued together to the postal voter (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued,

which the postal voter has received and which have not been lost.

(4) Any postal ballot paper and the postal voting statement returned in accordance with sub-paragraph (3) shall be immediately cancelled.

(5) The CRO, 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 be again made up and sealed.

(6) Subject to sub-paragraph (7), where the application is received by the CRO before 5 pm on the day of the poll and the CRO—

(a) is satisfied as to the voter’s identity; and

(b) has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,

the CRO shall issue another postal ballot paper or, as the case may be, postal ballot papers.

(7) Where the application is received by the CRO after 5 pm on the day before the day of the poll, the CRO shall only issue another postal ballot paper, or as the case may be, ballot papers if the postal voter applies in person.

(8) The CRO shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a) the name and number of the elector as stated in the polling register (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

(b) the number of the lost postal ballot paper, the numbers of any ballot papers returned along with it, and the numbers of all replacement ballot papers issued under this paragraph; and

(9) Paragraphs 4, 5, 6 and 8 to 12 shall apply to the issue of replacement postal ballot papers under sub-paragraph (6).

(10) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the CRO may hand a replacement postal ballot paper to the postal voter; or

(b) after 5 pm on the day before the day of the poll, the CRO may only hand a replacement postal ballot paper to the postal voter,

instead of delivering it in accordance with paragraph 11.

(11) Where the CRO issues another postal ballot paper or, as the case may be, postal ballot papers under sub-paragraph (6), the lost or unreceived ballot paper shall be void and of no effect.

Notice of opening of postal ballot paper envelopes

15

(1) The CRO shall give not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are to be opened, to—

(a) each 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, each individual candidate for return as a regional member and the election agent for each registered party standing nominated.

(2) Such a notice shall specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of agents a candidate may appoint under paragraph 5(3) to attend the opening.

Postal ballot boxes and receptacles

16

(1) The CRO shall provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters’ ballot box”); and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters’ ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area for which the election is, or, as the case may be, the elections are, held.

(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters’ ballot box as being empty.

(4) The CRO shall then apply the CRO’s seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The CRO shall provide the following receptacles—

(a) the receptacle for rejected votes;

(b) the receptacle for postal voting statements;

(d) the receptacle for rejected ballot paper envelopes;

(e) the receptacle for rejected votes (verification procedure); and

(f) the receptacle for postal voting statements (verification procedure).

(6) The CRO shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope and collection of postal votes

17

(1) The CRO shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters’ ballot box.

(2) Where an envelope, other than a covering envelope issued by the CRO—

(a) has been opened; and

(b) contains a ballot paper envelope, postal voting statement or ballot papers,

the first–mentioned envelope, together with its contents, shall be placed in a postal voters’ ballot box.

(3) The CRO may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of rule 53(2)(g) (procedure on close of poll) of the Scottish Parliamentary Election Rules the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the CRO.

(4) Where the CRO collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals.

Opening of postal voters’ ballot box

18

(1) So long as the CRO ensures that there is at least one sealed postal voters’ ballot box for the reception of covering envelopes up to the time of the close of the poll, the CRO may open the other postal voters’ ballot boxes prior to that time.

(2) Each postal voters’ ballot box shall be opened by the CRO in the presence of any agents, if in attendance.

(3) The last postal voters’ ballot box and the postal ballot box shall be opened at the counting of the votes under rule 55 of the Scottish Parliamentary Election Rules.

Opening of covering envelopes

19

(1) When a postal voters’ ballot box is opened, the CRO shall count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 17(2)).

(2) The CRO shall set aside for personal identifier verification not less than 20 per cent of the envelopes recorded on that occasion.

(3) The CRO shall open separately each covering envelope (including an envelope described in paragraph 17(2)).

(4) The procedure in paragraph 20 or, as the case may be, paragraph 21 applies where a covering envelope (including any envelope to which paragraph 17(2) applies) contains both—

(a) a postal voting statement; and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).

(5) Where the covering envelope does not contain the postal voting statement separately, the CRO shall open the ballot paper envelope to ascertain whether the postal voting statement is inside.

(6) Where a covering envelope does not contain both—

(a) a postal voting statement (whether separately or not); and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers),

the CRO shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(7) Where—

(a) an envelope contains the postal voting statement of an elector with an anonymous entry, and

(b) sub-paragraph (6) does not apply,

the CRO shall set aside that envelope and its contents for personal identifier verification in accordance with paragraph 21.

(8) In carrying out the procedures in this paragraph and paragraphs 20 to 26, the CRO—

(a) shall keep the ballot papers face downwards and shall take all proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the CRO shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(10) A mark made under sub-paragraph (9) shall be distinguishable from and shall not obscure the mark made under paragraph 8(1) or (3)(a).

(11) As soon as practicable after the last covering envelope has been opened, the CRO shall make up into a packet the copy of the postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and shall seal the packet.

Procedure in relation to postal voting statements

20

(1) This paragraph applies to any postal voting statement contained in an envelope that has not been set aside for personal identifier verification in accordance with paragraph 19(2) or (7).

(2) The CRO must establish whether the postal voting statement is duly completed.

(3) Where the CRO establishes that the postal voting statement is not duly completed, the CRO shall mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing a postal voting statement in the receptacle for rejected votes, the CRO must—

(a) show it to at least one agent for each candidate or registered party represented at the proceedings, or to a candidate instead of the candidate’s agent;

(b) permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed; and

(5) The CRO shall then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the CRO shall place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the CRO shall open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under paragraph 19(5) or sub-paragraph (6).

(8) In the circumstances described in sub-paragraph (7), the CRO shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid postal voting statement;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(i) there is no ballot paper: or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements, any valid statement not disposed of under paragraph (b) or (c).

Procedure in relation to postal voting statements: personal identifier verification

21

(1) This paragraph applies to any postal voting statement contained in an envelope that is set aside for personal identifier verification in accordance with paragraph 19(2) or (7).

(2) The CRO must establish whether the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the CRO establishes that the postal voting statement is not duly completed, the CRO shall mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the CRO must—

(a) show it to at least one agent for each candidate or registered party represented at the proceedings, or to a candidate instead of the candidate’s agent;

(b) permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed; and

(5) The CRO shall then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the CRO shall place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the CRO shall open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under paragraph 19(5) or sub-paragraph (6).

(8) In the circumstances described in sub-paragraph (7), the CRO shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid postal voting statement;

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper; or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Postal voting statements: additional personal identifier verification

22

(1) A CRO may on any occasion at which a postal voters’ ballot box is opened in accordance with paragraph 18 undertake additional verification of the personal identifiers on any postal voting statement that has on a prior occasion been placed in the receptacle for postal voting statements.

(2) Where a CRO undertakes additional verification of personal identifiers, the CRO must—

(a) remove as many postal voting statements from the receptacle for postal voting statements as the CRO wishes to subject to additional verification; and

(b) compare the date of birth and the signature on each such postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the CRO is no longer satisfied that the postal voting statement has been duly completed the CRO must mark the statement “rejected” and before placing the postal voting statement in the receptacle for rejected votes (verification procedure), the CRO must—

(a) show it to at least one agent for each candidate or registered party represented at the proceedings, or to a candidate instead of the candidate’s agent;

(b) permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed;

(d) open any postal ballot box and retrieve the ballot paper corresponding to the ballot paper number on the postal voting statement;

(e) show the ballot paper number on the retrieved ballot paper to the agents and candidates shown the postal voting statement under paragraph (a); and

(f) attach the ballot paper to the postal voting statement.

(4) Following the removal of a postal ballot paper from a postal ballot box the CRO must reseal the postal ballot box in the presence of the agents.

(5) Whilst retrieving a ballot paper in accordance with sub-paragraph (3), the CRO and the CRO’s staff—

(a) shall keep the ballot papers face downwards and shall take proper precautions for preventing any person seeing the votes made on the ballot papers; and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Opening of ballot paper envelopes

23

(1) The CRO shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The CRO shall place—

(a) in the postal ballot box, 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 the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally 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 or papers).

Cancellation of postal ballot papers

24

(1) Where it appears to the returning officer that a cancelled postal ballot paper has been placed—

(a) in a postal voters’ ballot box;

(b) in the receptacle for ballot paper envelopes; or

the CRO shall proceed as follows.

(2) The CRO shall, on at least one occasion on which a postal voters’ ballot box is opened in accordance with paragraph 18, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper;

(b) show the ballot paper number on the cancelled ballot paper to the agents;

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements;

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates;

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 13(7); and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 55 of the Scottish Parliamentary Election Rules, re-seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the CRO and the CRO’s staff—

(a) shall keep the ballot papers face downwards and shall take all proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Lists of rejected postal ballot papers

25

(1) In respect of any election, the CRO shall keep two separate lists of rejected postal ballot papers.

(2) In the first list, the CRO shall record the ballot paper number of any postal ballot paper which is not accompanied by a valid postal voting statement.

(3) In the second list, the CRO shall record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.

Checking of lists kept under paragraph 25

26

(1) Where the CRO receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the CRO shall from time to time prior to the close of the poll, check the list kept under paragraph 25(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is (or are) entered in that list.

(2) Where the CRO receives a postal ballot paper without the postal voting statement relating to it, the CRO may, at any time prior to the close of the poll, check the list kept under paragraph 25(3) to see whether the number of that ballot paper is entered in that list.

(3) The CRO shall conduct the checks described in sub-paragraphs (1) and (2) as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 53 of the Scottish Parliamentary Election Rules.

(4) Where the ballot paper number in the list matches the number of a valid postal voting statement or, as the case may be, a postal ballot paper, the CRO shall retrieve the relevant statement or paper.

(5) The CRO shall then take the appropriate steps under this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Confirming receipt of postal votes and postal voting statements

27

(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may request, at any time before the close of the poll, that the CRO confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote or votes have been returned; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.