The Scottish Parliament (Elections etc.) Order 2010

Provision applied	Provision applied	Modification	Modification	Modification	Modification	Modification	Modification	Modification
Section 120 (method of questioning parliamentary election)	Section 120 (method of questioning parliamentary election)	At the end insert—	At the end insert—	At the end insert—	At the end insert—	At the end insert—	At the end insert—	At the end insert—
		“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.	“(3)No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.
		(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.	(4)No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998.”.
Section 121 (presentation and service of parliamentary election petition)	Section 121 (presentation and service of parliamentary election petition)	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—
		“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—	“(2)If the petition complains of the conduct of—
					(a)	(a)	(a)	the regional returning officer,
					(b)	(b)	(b)	any constituency returning officer,
		the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.	the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.”.
Section 122 (time for presentation or amendment of parliamentary election petition)	Section 122 (time for presentation or amendment of parliamentary election petition)	For the section substitute—	For the section substitute—	For the section substitute—	For the section substitute—	For the section substitute—	For the section substitute—	For the section substitute—
		“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”	“122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 66 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order.”
Section 123 (constitution of election court and place of trial)	Section 123 (constitution of election court and place of trial)	Omit subsections (3) and (4).	Omit subsections (3) and (4).	Omit subsections (3) and (4).	Omit subsections (3) and (4).	Omit subsections (3) and (4).	Omit subsections (3) and (4).	Omit subsections (3) and (4).
Section 125 (judges’ expenses and reception: Scotland)	Section 125 (judges’ expenses and reception: Scotland)
Section 126 (attendance of House of Commons shorthand writer)	Section 126 (attendance of House of Commons shorthand writer)	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.	In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”.
		In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
Section 136 (security for costs)	Section 136 (security for costs)
Section 137 (petition at issue)	Section 137 (petition at issue)
Section 139 (trial of petition)	Section 139 (trial of petition)	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.	In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”.
		Omit subsection (4).	Omit subsection (4).	Omit subsection (4).	Omit subsection (4).	Omit subsection (4).	Omit subsection (4).	Omit subsection (4).
		In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.	In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules.
Section 140 (witnesses)	Section 140 (witnesses)	Omit subsection (6).	Omit subsection (6).	Omit subsection (6).	Omit subsection (6).	Omit subsection (6).	Omit subsection (6).	Omit subsection (6).
		In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.	In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”.
Section 141 (duty to answer relevant questions)	Section 141 (duty to answer relevant questions)
Section 143 (expenses of witnesses)	Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	Section 144 (conclusion of trial of parliamentary election petition)	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—	In subsection (1) for the words from “the member” to “void” substitute—
			“(a)	“(a)	“(a)	the member or members whose election is complained of was or were duly elected,	the member or members whose election is complained of was or were duly elected,	the member or members whose election is complained of was or were duly elected,
			(b)	(b)	(b)	some other person or persons should have been declared to be elected, or	some other person or persons should have been declared to be elected, or	some other person or persons should have been declared to be elected, or
			(c)	(c)	(c)	the election of all members for that region was void,”.	the election of all members for that region was void,”.	the election of all members for that region was void,”.
		In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.	In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”.
		For subsection (3) substitute—	For subsection (3) substitute—	For subsection (3) substitute—	For subsection (3) substitute—	For subsection (3) substitute—	For subsection (3) substitute—	For subsection (3) substitute—
		“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.	“(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, except to the extent that the judges are agreed otherwise, the result of the election shall stand.”.
		Omit subsections (4) to (7).	Omit subsections (4) to (7).	Omit subsections (4) to (7).	Omit subsections (4) to (7).	Omit subsections (4) to (7).	Omit subsections (4) to (7).	Omit subsections (4) to (7).
Section 154 (costs of petition)	Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)	Section 155 (neglect or refusal to pay costs)
Section 157 (appeals and jurisdiction)	Section 157 (appeals and jurisdiction)	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).	Omit subsections (1), (4), (6) and (8).
		For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—	For subsection (2) substitute—
		“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.	“(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as appropriate having regard to the different system of election, by the Court of Session and election court in the case of Scottish parliamentary election petitions.”. In subsection (7), omit the words from the beginning to “omitted, but”.
Section 160 (persons reported personally guilty of corrupt or illegal practices)	Section 160 (persons reported personally guilty of corrupt or illegal practices)	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).	Omit subsections (1) to (3) and (6).
		In subsection (4)—	In subsection (4)—	In subsection (4)—	In subsection (4)—	In subsection (4)—	In subsection (4)—	In subsection (4)—
				(a)	(a)	(a)	for the words “reported by an election court personally guilty” substitute “convicted”;	for the words “reported by an election court personally guilty” substitute “convicted”;
				(b)	(b)	(b)	after “Kingdom” insert “or election to the Scottish Parliament”; and	after “Kingdom” insert “or election to the Scottish Parliament”; and
				(c)	(c)	(c)	after “Commons”, in each place where it occurs, insert “or the Scottish Parliament”.	after “Commons”, in each place where it occurs, insert “or the Scottish Parliament”.
Section 167 (application for relief)	Section 167 (application for relief)	Omit subsection (5).	Omit subsection (5).	Omit subsection (5).	Omit subsection (5).	Omit subsection (5).	Omit subsection (5).	Omit subsection (5).
Section 168 (prosecutions for corrupt practices)	Section 168 (prosecutions for corrupt practices)	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.	In subsection (1)(b) for “6 months” substitute “3 months” and for “statutory maximum” substitute “amount specified as level 5 on the standard scale”.
Section 169 (prosecutions for illegal practices)	Section 169 (prosecutions for illegal practices)	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—	For the words from the beginning to “prosecution” substitute—
	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—	“A person who is guilty of an illegal practice shall be liable—
				(a)	(a)	(a)	in the case of an illegal practice under article 42 or 48 of the Order (as applied by article 84 of the Order), on conviction on indictment to a fine;	in the case of an illegal practice under article 42 or 48 of the Order (as applied by article 84 of the Order), on conviction on indictment to a fine;
				(b)	(b)	(b)	in the case of any illegal practice (including the ones mentioned in paragraph (a)), on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale; and on a prosecution”.	in the case of any illegal practice (including the ones mentioned in paragraph (a)), on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale; and on a prosecution”.
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 173A (incapacity to hold public or judicial office in Scotland)
Section 174 (mitigation and remission etc.)	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).	Omit subsections (1) to (4).
	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—	In subsection (5) omit—
				(a)	(a)	(a)	“or of the report of an election court”; and	“or of the report of an election court”; and
				(b)	(b)	(b)	“or report”, in both places where the words occur.	“or report”, in both places where the words occur.
Section 175 (illegal payments etc.)	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.	In subsection (2) omit the words from “and if” to the end.
Section 176 (time limit for prosecutions)	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).	Omit subsections (2A) to (2G).
Section 178 (prosecution of offences committed outside United Kingdom)
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).	Omit paragraph (b).
	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—	After paragraph (ii) insert—
	“and	“and	“and	“and	“and	“and	“and	“and
				(iii)	(iii)	(iii)	that a registered party named in the certificate submitted a regional list at the election,”.	that a registered party named in the certificate submitted a regional list at the election,”.
Section 180A (evidence by certificate of electoral registration)
Section 181 (Director of Public Prosecutions)	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).	Omit subsections (2) to (6).
Section 183 (costs)
Section 184 (service of notices)
Section 185 (interpretation of Part 3)	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.	At the end, insert— ““the Order” means the Scottish Parliament (Elections etc.) Order 2010.”.
Section 186 (computation of time for purposes of Part 3)	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.	The reference to “section 119 above” shall be construed as a reference to article 83 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order.

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

Use of rooms in school premises

1

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

• (2) Any question—

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

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

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

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

shall be determined by the Secretary of State.

Lists of rooms in school premises and meeting rooms

2

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

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

• (b) a list of meeting rooms,

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

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

Inspection etc. of lists

3

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

• (a) a candidate or the candidate’s election agent; or

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

shall be entitled at all reasonable hours to inspect the lists kept in accordance with paragraph 2(1) or a copy of them.

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

SCHEDULE 8 — ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

Interpretation of this Schedule

1

• (1) In this Schedule references to the “marked register or lists” means any part of the marked copies of—

• (a) the polling register;

• (b) the postal voters list;

• (c) the list of proxies; and

• (d) the proxy postal voters list,

retained by the CRO under paragraph 30 of Schedule 4 (retention of postal ballot papers, etc) or rule 71 of the Scottish Parliamentary Election Rules (retention of documents).

• (2) In this Schedule—

• (a) “full register” and “edited register” have the same meaning as in the 2001 Regulations[^f00108];

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

• (c) “relevant conditions” has the same meaning as in section 33(1) of the Data Protection Act 1998[^f00109];

• (d) “research purposes” shall be construed in accordance with section 33(1) of the Data Protection Act 1998; and

• (e) any reference to an employee of any person who has access to a copy of the full register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

• (3) Any duty of a CRO to supply records or lists or make them available for inspection under this Schedule imposes only a duty to provide that information in the form in which the CRO holds it.

Supply of marked registers and lists after an election

2

• (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 at the time of a Scottish parliamentary election is also a person entitled, subject to this paragraph and to paragraphs 4 and 5 (restrictions on supply, disclosure and use, etc), to request that a CRO supply copies of the relevant part (within the meaning of those provisions) of the marked register or lists the CRO is required to keep.

• (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 restriction on use);

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

• (c) the following provisions of the 2001 Regulations—

• (i) regulation 99[^f00110] (supply of free copy of full register etc. to Electoral Commission and restrictions on use);

• (ii) regulation 104[^f00111] (supply of full register etc. to local constituency parties and restrictions on use);

• (iii) regulation 105 (supply of full register etc. to registered political parties etc. and restrictions on use);

• (iv) regulation 108[^f00112] (supply of full register etc to police forces and other agencies, and restrictions on use); and

• (v) regulation 112[^f00113] (sale of full register to government departments and other bodies).

• (3) A person who was entitled to request copies of the marked register or lists under sub-paragraph (1) by being in a category of persons covered by sub-paragraph (2)(a), (b), or (c)(ii) or (iii) before a particular election, shall be entitled to request those documents regardless of whether that person remains in an entitled category after the election for which the marked register or list was prepared.

• (4) A request under sub-paragraph (1) must be made in writing and must—

• (a) specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

• (b) state whether a printed copy of the marked register or lists is requested or a copy in data form;

• (c) state the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.

• (5) The CRO must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

• (a) the CRO is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested, and

• (b) the CRO has received payment of a fee calculated in accordance with paragraph 6.

• (6) If the CRO is not satisfied in accordance with sub-paragraph (5)(a) the CRO must inform the requestor of the CRO’s decision under this paragraph; and

• (a) where the request relates to the marked register, provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations (publication of register);

• (b) where the request relates to the marked lists, provide information concerning the availability of the unmarked lists in accordance with paragraphs 16 and 17 of Schedule 3 (absent voting lists: supply of copies and inspection).

• (7) A person who obtains a copy of any part of a marked register or list under this paragraph may use it only for the permitted purposes specified in paragraph 5(3), and any conditions—

• (a) specified in that sub-paragraph; or

• (b) which would apply to the use of the full register under whichever of the provisions specified in sub-paragraph (2) entitled that person to obtain that document,

shall apply to such use.

• (8) Where a person has been supplied with a marked register or list, or any information contained in it (that is not contained in the edited register), by a person to whom a provision specified in sub-paragraph (9) applies, the restrictions in that provision also apply to the person to whom the register, list or information was supplied, as they apply to that other person.

• (9) The provisions specified in sub-paragraph (8) are—

• (a) paragraph 3(3) of Schedule 1;

• (b) paragraph 4(5) of Schedule 1; and

• (c) the following provisions of the 2001 Regulations—

• (i) regulation 99(3);

• (ii) regulation 104(4);

• (iii) regulation 105(3); and

• (iv) regulation 108(3).

• (10) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—

• (a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein; or

• (b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

• (11) A processor may not disclose the marked register or lists or the information contained in them 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 the marked register or lists under this Schedule.

Inspection of documents open to public inspection

3

• (1) Any person is entitled to request that the CRO make available for inspection a copy of any of the following documents (referred to in this Schedule as “the documents open to public inspection”)—

• (a) the marked register or lists;

• (b) such other documents relating to a Scottish parliamentary election as the CRO is required by or under any enactment to retain for any period except—

• (i) ballot papers;

• (ii) completed corresponding number lists;

• (iii) certificates as to employment on the day of the election.

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

• (a) which documents are requested;

• (b) the purposes for which the information in any document will be used;

• (c) where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve those purposes;

• (d) who will inspect the documents;

• (e) the date on which they wish to inspect the documents; and

• (f) whether they would prefer to inspect the documents in a printed or data form.

• (3) Subject to sub-paragraph (5), the CRO must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

• (4) In computing the period referred to in sub-paragraph (3), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday or a day which is a bank holiday in Scotland under section 1 of the Banking and Financial Dealings Act 1971[^f00114] shall be disregarded.

• (5) Where a request has been made to inspect copies of the marked register or lists under sub-paragraph (2) and the CRO is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, the CRO must—

• (a) inform the requestor of the CRO’s decision under this paragraph; and

• (b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations.

• (6) A person who obtains a copy of or information in any document open to public inspection under this paragraph may use it only for the permitted purposes specified in paragraph 5, and any conditions—

• (a) specified in that paragraph;

• (b) specified in sub-paragraph (8); or

• (c) which would apply to the use of the full register under regulation 108 of the 2001 Regulations where such a person had obtained a copy of that document under sub-paragraph (9),

shall apply to such use.

• (7) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the CRO must ensure that the manner in which, 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.

• (8) Subject to sub-paragraph (9) a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—

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

• (b) record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand written notes.

• (9) The CRO must, on request, supply free of charge copies of any documents open to public inspection—

• (a) to the Security Service, the Government Communications Headquarters, or the Secret Intelligence Service;

• (b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 108 of the 2001 Regulations applies.

Restrictions on supply and disclosure of documents open to public inspection

4

• (1) This paragraph applies to—

• (a) the CRO; and

• (b) any person appointed to assist the CRO or who in the course of that person’s employment is assigned to assist the CRO.

• (2) A person to whom this paragraph applies must not—

• (a) supply to any person a copy of the documents open to public inspection, or

• (b) disclose information contained in those documents (and not contained in the edited register),

otherwise than in accordance with this Schedule, or for the purposes of an election.

Restriction on use of documents open to public inspection, or of information contained in them

5

• (1) This paragraph applies to any person who has obtained access to a copy of the documents open to public inspection or information contained in them by any means.

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

• (a) supply a copy of the documents open to public inspection or any part of those documents;

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

• (c) make use of any such information,

other than for a permitted purpose construed in accordance with sub-paragraphs (3) and (4).

• (3) Where a person obtains copies of the information in the marked register or lists in accordance with paragraph 2(1) or inspects information in accordance with paragraph 3(1), the “permitted purpose” means either—

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

• (b) electoral purposes.

• (4) Where a copy of any information was supplied in the circumstances to which paragraph3(9)(b) applies, the “permitted purpose” means either—

• (a) the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere); or

• (b) the vetting of a relevant person for the purpose of safeguarding national security.

Calculating the fee for supply of marked registers or lists

6

• (1) The fee to be paid in accordance with paragraph 2(5)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in sub-paragraph (2).

• (2) The fee shall be the sum of £10, plus for a copy—

• (a) in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request; and

• (b) in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.

• (3) For the purposes of this paragraph, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.

Failure to comply with conditions relating to supply etc of certain documents

7

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

• (a) if P fails to comply with any of the provisions specified in sub-paragraph (2), or

• (b) if P is an appropriate supervisor of a person (“Q”) who fails to comply with such a provision and P failed to take appropriate steps.

• (2) Those provisions are paragraphs 2(7), (8) and (11), 3(6) and (8), 4(2) and 5(2).

• (3) 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.

• (4) 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.

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

• (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.

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

SCHEDULE 9 — REVOCATIONS

Instruments revoked	References
The Scottish Parliament (Elections etc.) Order 2007	S.I. 2007/937
The Scottish Parliament (Elections etc.) (Amendment) Order 2007	S.I. 2007/2262
The Scottish Parliament (Elections etc.) (Amendment) Order 2008	S.I. 2008/307
Paragraphs 15 and 44 of Schedule 4 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009	S.I. 2009/1182
The Scottish Parliament (Elections etc.) (Amendment) Order 2009	S.I. 2009/1978

APPENDIX OF FORMS

FORM A	Return of expenses which must be authorised by election agent in relation to election of constituency candidate or individual regional candidate
FORM B	Declaration to accompany return of expenses in relation to election of constituency candidate or individual regional candidate
FORM D	Declaration to be made by an election agent for a constituency candidate or for an individual regional candidate or by such a candidate in respect of election expenses
FORM E	Declaration to be made by a party list candidate in respect of election expenses
FORM F	Constituency nomination paper
FORM G	Individual nomination paper
FORM H	Regional party list
FORM I1	Certificate of authorisation in relation to a regional list
FORM I2	Certificate of authorisation in relation to a constituency nomination paper
FORM J	Constituency ballot paper
FORM K	Regional ballot paper
FORM L	Postal voting statement
FORM M	Elector’s official poll card
Form M1	Postal voter’s official poll card
FORM N	Proxy’s official poll card
FORM N1	Proxy postal voter’s official poll card
FORM N2	Elector’s official poll card where elector has appointed a proxy
FORM O	Guidance for voters
FORM O3	Guidance for voters (Scottish parliamentary and local government elections taken together)
FORM P	Information for voters
FORM Q	Certificate of employment
FORM R	Declaration by the companion of a voter with disabilities
FORM S	Certificate by the constituency returning officer in respect of the election of a member for a Scottish parliamentary constituency
FORM T	Certificate by the regional returning officer in respect of the election of members for a Scottish parliamentary region
FORM U	Postal voting statement (Scottish parliamentary and local government elections and postal voting proceedings taken together)
FORM V	Postal voting statement for Scottish parliamentary election (Scottish parliamentary and local government elections taken together, but postal voting proceedings not taken together)
FORM W	Statement as to postal ballot papers
FORM X	Information for voters (Scottish parliamentary and local government elections taken together)
FORM Y	Postal voting statement for local government election (Scottish parliamentary and local government elections taken together, but postal voting proceedings not taken together)
FORM Z	Corresponding number list

Signed

David Mundell — Parliamentary Under Secretary of State for Scotland — Scotland Office — 16th December 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order revokes the Scottish Parliament (Elections etc.) Order 2007.

The Electoral Commission has been consulted on the draft of this Order, as required by section 7 of the Political Parties, Elections and Referendums Act 2000.

Part 1 of the Order (articles 1 and 2) contains general provisions concerning the citation, commencement and interpretation of the Order. The Order will not apply to any elections held on or before 4th April 2011. New provisions on the control of donations to candidates will not apply to money or property provided before 5th January 2011.

Part 2 of the Order (articles 3 to 31) makes provision about the franchise for the Scottish Parliament and the exercise of that franchise.

Part 3 of the Order (articles 32 to 83) deals with election campaigns and election expenses at Scottish Parliament elections. This includes new provisions on details to appear on election publications, control of donations to candidates and pre-candidacy expenses. The polling places and districts are aligned with those used for Parliamentary elections.

Part 4 of the Order (article 84) along with Schedule 6, makes provision for legal proceedings.

Part 5 of the Order (articles 85 to 97) makes miscellaneous and supplementary provision. It increases, to 28 working days, the “minimum period” used to calculate the date of dissolution of the Scottish Parliament ahead of an ordinary general election.

Schedule 1 makes provision about the free supply and the sale of the register of local government electors to MSPs, their election agents and to candidates standing for election to the Scottish Parliament and also the election agents of registered political parties in respect of list MSP candidates.

Schedule 2 contains the Scottish Parliamentary Election Rules. They are substantially in the same form as the earlier Rules set out in Schedule 2 to the 2007 Order. There is no separate timetable for by-elections. The responsibility for retention of certain documents after an election is transferred to the Constituency Returning Officer (previously the Sheriff Clerk). New provision is made for the rules to apply in the event of the death of a candidate.

Schedule 3 contains provision about absent voting. New provision is made for access to and supply of absent voting records and lists.

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

Schedule 5 makes provision for the combination of polls. In particular it deals with the combination of the poll at a Scottish parliamentary election with the poll at a Scottish local government election.

Schedule 6 applies, with modifications, provisions of the Representation of the People Act 1983 concerning legal proceedings, for the purposes of Scottish parliamentary elections.

Schedule 7 provides for the use of rooms in school premises and meeting rooms for election meetings.

Schedule 9 makes new provision about access to marked copies of the register and other documents retained by constituency returning officers after an election.

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

Footnotes

[^f00001]: 1998 c.46; section 12 was amended by the Political Parties, Elections and Referendums Act 2000 (c.41) (“the 2000 Political Parties Act”), Schedule 21, paragraph 13 and by the European Parliamentary Elections Act 2002 (c.24), Schedule 3, paragraph 7.

[^f00002]: 1983 c.2.

[^f00003]: 1998 c.46.

[^f00004]: 2000 c.2.

[^f00005]: 2000 c.41.

[^f00006]: S.I. 2001/497; relevant amending enactments are the Counter-Terrorism Act 2008 (c.28) and S.I. 2002/1872, 2006/594, 2007/925, 2008/305, 1901, and 2010/980.

[^f00007]: 2006 c.22.

[^f00008]: Section 9B was added by the Electoral Administration Act 2006 (c.22) (“the 2006 Act”).

[^f00009]: Article 9 was substituted as Article 8 by Article 1.12, and renumbered as Article 9 by Article 5.1, of the Treaty of Lisbon amending the Treaty on European Union and the Treaty Establishing the European Community (2007/C 306/1).

[^f00010]: Electoral registration officers are appointed under section 8 of the 1983 Act. In terms of section 8(1) they are referred to as “registration officers” in the 1983 Act.

[^f00011]: 1985 c.50; section 27(1) was amended by the European Communities (Amendment) Act 1986 (c.58), sections 3(1) and (3).

[^f00012]: 1994 c.39.

[^f00013]: Section 13B was substituted by the Representation of the People Act 2000 (c.2) (“the 2000 Act”), Schedule 1, paragraph 6 and section 13BB was added by the Political Parties and Elections Act 2009 (c.12), section 23(1).

[^f00014]: Section 13A was substituted by the 2000 Act, Schedule 1, paragraph 6.

[^f00015]: Paragraph 8A was inserted by the 2006 Act, Schedule 1, paragraph 15(6).

[^f00016]: See section 12(6) of the 1998 Act.

[^f00017]: Section 15 was amended by the 2000 Act, Schedule 1, paragraph 8(2) and (4) and Schedule 7, paragraph 1; the 2006 Act, sections 12(7) and 13(1) and S.I. 1995/1948, Schedule 2, paragraph 4(b).

[^f00018]: 2000 c.26.

[^f00019]: Section 13B was substituted by the 2000 Act, Schedule 1, paragraph 6 and amended by the 2006 Act, section 11(2).

[^f00020]: Section 13A was substituted by the 2000 Act, Schedule 1, paragraph 6. Section 56 is applied to Scotland, with modifications, by the 1983 Act, section 57. It was amended by the 2006 Act, sections 11 and 12.

[^f00021]: Sections 13, 13A and 13B were substituted by the 2000 Act, Schedule 1, paragraph 6. Section 13(5) was amended by the Political Parties and Elections Act 2009 (c.12) (“the 2009 Act”), Schedule 6, paragraph 2. Section 13B(3B) was inserted by the 2006 Act, section 11(4). Section 13BB was inserted by the 2009 Act, section 23(1).

[^f00022]: Section 54 was amended by the Representation of the People Act 1985 (c.50), section 24 and Schedule 4, paragraph 14.

[^f00023]: Sections 18A and 18B were substituted by the 2006 Act, section 16.

[^f00024]: Section 7 was substituted by the 2000 Act, section 4. It was amended by the 2006 Act, section 12, and S.I. 2005/2078, Schedule 1, paragraph 1(3)

[^f00025]: Section 7A was inserted by the 2000 Act, section 5. It was amended by the 2006 Act, section 12(2), S.I. 2005/2078, Schedule 1, paragraph 1(4) and S.S.I. 2005/465, Schedule 1, paragraph 12(4).

[^f00026]: Section 59 was amended by the Representation of the People Act 1993 (c.29), section 1; the 2000 Act, Schedule 1, paragraph 16 and the 2006 Act, section 13.

[^f00027]: Section 29 was amended by the Representation of the People Act 1991 (c.11), section 1; the 2006 Act, section 68 and S.I. 1991/1728, article 3. It will be amended by the 2000 Political Parties Act, Schedule 21, paragraph 6(3) and the 2006 Act, Schedule 1, paragraph 107(2), but these amendments are not yet in force.

[^f00028]: Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.

[^f00029]: Section 4 was substituted by the 2000 Act, section 1(2) and amended by the 2006 Act, Schedule 1, paragraph 3.

[^f00030]: Section 173 is applied by article 84 of and Schedule 6 to this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by S.I. 2007/931, article 2(4).

[^f00031]: Sections 6A to 6D were inserted by the 2006 Act, section 29.

[^f00032]: Schedule 2A was inserted by the 2000 Political Parties Act, section 130 and Schedule 16.

[^f00033]: Paragraph 10(2) was inserted by the 2006 Act, Schedule 1, paragraph 16. See regulation 45G of the 2001 Regulations (added by S.I. 2007/925).

[^f00034]: See the Criminal Proceedings Reform (Scotland) Act 2007 (asp 6), section 45.

[^f00035]: Paragraph 10(1) was numbered as such by the 2006 Act, Schedule 1, paragraph 16.

[^f00036]: 1990 c.42.

[^f00037]: 1996 c.55.

[^f00038]: Section 173 is applied by article 84 of, and Schedule 6 to, this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by S.I. 2007/931, article 2(4).

[^f00039]: Constituencies (other than those of the Orkney Islands and the Shetland Islands) may be specified as being “county” or “burgh” constituencies in an Order in Council made under paragraph 6 of Schedule 1 to the 1998 Act as substituted by section 1(1) of the Scottish Parliament (Constituencies) Act 2004 (c.13).

[^f00040]: Schedule 1 was substituted by the Scottish Parliament (Constituencies) Act 2004 (c.13), section 1(1).

[^f00041]: S.I. 1995/1037.

[^f00042]: Schedule 2A was inserted by the 2000 Political Parties Act, section 130 and Schedule 16. Paragraph 10 was amended by the 2006 Act, Schedule 1, paragraph 16.

[^f00043]: 1990 c.42.

[^f00044]: 1996 c.55.

[^f00045]: 2000 c.26.

[^f00046]: 1990 c.42. Section 201 was amended by the Communications Act 2003 (c.21), section 360 and Schedule 19, paragraph 1.

[^f00047]: Section 173 is applied by article 84 of and Schedule 6 to this Order. Section 173 was substituted by the 2000 Political Parties Act, section 136 and was amended by S.I. 2007/931, article 2(4).

[^f00048]: 1980 c.44. The definition of “independent school” in section 135 was amended by the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), section 3 and the Standards in Scotland’s Schools etc. Act 2000 (asp 6), schedule 2, paragraph 3(9).

[^f00049]: Section 143 was amended by the 2000 Act, section 66(2).

[^f00050]: Section 167 is applied by article 84 of and Schedule 6 to this Order. Section 167(1A) was inserted by the Representation of the People Act 1985 (c.50), section 24 and amended by the 2000 Political Parties Act, Schedule 18, paragraph 18(5).

[^f00051]: 1971 c.80.

[^f00052]: 2004 asp 9.

[^f00053]: Section 160(4) was substituted by the 2000 Political Parties Act, Schedule 17, paragraph 8.

[^f00054]: Section 10 was previously modified by S.I. 2007/937, but that instrument is revoked by this Order.

[^f00055]: S.I. 1984/467.

[^f00056]: Section 59(3B) was inserted by the 2006 Act, section 13.

[^f00057]: Section 98 was repealed for England and Wales by the Local Government Finance Act 1988 (c.41), section 149 and Schedule 13, Part 1, but that repeal does not extend to Scotland.

[^f00058]: The Rules of the Court of Session 1994 are set out in Schedule 2 to S.I. 1994/1443. The definition of “election petition” was amended by S.I. 1999/787, 2002/2779 and 2007/937. The definition of “Scottish parliamentary election” was added by S.I. 1999/787.

[^f00059]: Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.

[^f00060]: Sections 13A and 13B were substituted by the 2000 Act, Schedule 1, paragraph 6. Section 13B was amended by the 2006 Act, section 11(2) to (4). Section 13BB was inserted by the Political Parties and Elections Act 2009 (c.12), section 23(1).

[^f00061]: This is the “permitted purpose” for the purposes of regulation 95(2) of the Representation of the People (Scotland) Regulations 2001 (“the 2001 Regulations”). Regulation 115 of the 2001 Regulations makes provision for offences in respect of contraventions of provisions including regulation 95(2).

[^f00062]: This is the “permitted purpose” for the purposes of regulation 95(2) of the 2001 Regulations. Regulation 115 of the 2001 Regulations makes provision for offences in respect of contraventions of provisions including regulation 95(2).

[^f00063]: This is the “permitted purpose” for the purposes of regulation 95(2) of the 2001 Regulations. Regulation 115 of the 2001 Regulations makes provision for offences in respect of contraventions of provisions including regulation 95(2).

[^f00064]: Regulation 93 was inserted by S.I. 2002/1872, regulation 14.

[^f00065]: 1971 c.80.

[^f00066]: Section 28 was amended by the 2006 Act, section 48 and S.I. 2004/366, Schedule 1, paragraph 4.

[^f00067]: Section 28A was inserted by the 2006 Act, section 49.

[^f00068]: Section 15 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 18, Part 5. Section 16 was amended by the House of Commons (Removal of Clergy Disqualification) Act 2001 (c.13), Schedule 1, paragraph 4 and by the 2006 Act, Schedule 1, paragraph 45.

[^f00069]: Sections 6A and 6B were inserted by the 2006 Act, section 29.

[^f00070]: 1981 c.34.

[^f00071]: Section 8 is modified by rule 65.

[^f00072]: 1980 c.44. The definition of “independent school” in section 135 was amended by the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), section 3 and the Standards in Scotland’s Schools etc Act 2000 (asp 6), schedule 2, paragraph 3(9).

[^f00073]: Sections 6A to 6D were inserted by the 2006 Act, section 29.

[^f00074]: Section 13B was substituted by the 2000 Act, Schedule 1, paragraph 6. Section 13B(3B) and (3D) were inserted by the 2006 Act, section 11(4).

[^f00075]: Sections 6A to 6D were inserted by the 2006 Act, section 29.

[^f00076]: Section 8 is modified by rule 65.

[^f00077]: Section 8 was previously modified by S.I. 2007/937, but that instrument is revoked by this Order.

[^f00078]: By virtue of paragraph 30(3) of Schedule 4, rule 69 (together with rules 68, 70 and 71(1)) also applies to the documents specified in that paragraph.

[^f00079]: Sections 13A and 13B were substituted by the 2000 Act, Schedule 1, paragraph 6. Section 13B was amended by the 2006 Act, section 11(4). Section 13BB was inserted by the Political Parties and Elections Act 2009 (c.12), section 23(1).

[^f00080]: Section 8 is modified by rule 65.

[^f00081]: Section 16(d) was amended by the 2000 Act, sections 8 and 15(2), Schedule 1, paragraphs 1 and 9(c) and Schedule 7, Part 1.

[^f00082]: Section 7B was inserted by the 2000 Act, section 6.

[^f00083]: S.I. 2002/253, to which there are amendments not relevant to this Order.

[^f00084]: 1984 c. 24.

[^f00085]: 1989 c. 44. The definitions of “registered dispensing optician” and “registered optometrist” were inserted by S.I. 2007/3101, regulation 187(e).

[^f00086]: S.I. 2010/231.

[^f00087]: 1993 c.21. The definition of “registered osteopath” was amended by S.I. 2007/3101, regulation 214(c).

[^f00088]: 1994 c.17. The definition of “registered chiropractor” was amended by S.I. 2007/3101, regulation 226(c).

[^f00089]: S.I. 2002/254, amended by S.I. 2004/2033. There are other amending instruments but none is relevant.

[^f00090]: 2010 asp 8.

[^f00091]: 2003 asp 13.

[^f00092]: Section 44 was amended by S.I. 2007/3101, regulation 257.

[^f00093]: 1992 c.4.

[^f00094]: 2001 asp 8.

[^f00095]: Paragraph 2(5A) was inserted by the 2006 Act, section 35.

[^f00096]: 1971 c.80.

[^f00097]: The postal voters list is the special list kept under article 9(5)(a), the list of proxies is kept under 9(5)(b) and the proxy postal voters list is kept under article 11(7). These terms are defined in article 2.

[^f00098]: Regulation 104 was inserted by S.I. 2002/1872.

[^f00099]: Regulation 105 was inserted by S.I. 2002/1872.

[^f00100]: 1998 c.29.

[^f00101]: Sections 6A to 6D were inserted by the 2006 Act, section 29.

[^f00102]: These sections and section 6E were inserted by the 2006 Act, section 29.

[^f00103]: 2004 asp 9; section 3 was amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006, (asp 14), section 34(6); section 16 was amended by the Scottish Local Government (Elections) Act 2009 (asp 10), section 2. The current rules are the Scottish Local Government Elections Rules 2007, comprising Schedule 1 to the Scottish Local Government Elections Order 2007 (S.S.I. 2007/42).

[^f00104]: Part 5 has been amended by S.I. 2002/1872, 2006/834, 2007/925, 2008/305 and 2010/930.

[^f00105]: Section 29 was amended by the Representation of the People Act 1991 (c.11), section 1; the 2006 Act, section 68 and S.I. 1991/1728, article 3. It will be amended by the 2000 Political Parties Act, Schedule 21, paragraph 6(3) and the 2006 Act, Schedule 1, paragraph 107(2); but these amendments are not yet in force.

[^f00106]: S.S.I. 2007/42, amended by S.S.I. 2007/379; there are other amendments but none is relevant.

[^f00107]: S.S.I. 2007/42, amended by S.S.I. 2007/379; there are other amending instruments but none is relevant.

[^f00108]: See regulation 93(1) inserted by S.I. 2002/1872.

[^f00109]: 1998 c.29.

[^f00110]: Regulation 99 was inserted by S.I. 2002/1872 and amended by S.I. 2007/925.

[^f00111]: Regulations 104, 105, 108 and 112 were inserted by S.I. 2002/1872.

[^f00112]: Regulation 108 was amended by S.I. 2006/594 and 834 and the Counter-Terrorism Act 2008 (c.28).