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Referendums (Scotland) Act 2020

Type Act of the Scottish Parliament

Publication 2020-01-29

Last updated 2026-05-08

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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Referendums

Referendums to which this Act applies

1

(1) This Act applies to any referendum held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament.

(2) In this Act—

(a) references to “the referendum” mean any referendum held—

(i) in pursuance of any provision made by or under an Act of the Scottish Parliament,

(ii) on one or more questions specified in or in accordance with any such provision,

(b) “question” includes proposition (and “answer” accordingly includes response).

Referendum questions

2

(1) Subsections (2) and (3) apply where—

(a) provision is made by or under an Act of the Scottish Parliament for the holding of a referendum throughout Scotland, and

(b) the wording of any question in the referendum is to be specified in subordinate legislation.

(2) If the subordinate legislation is subject to the affirmative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before a draft of any instrument containing the subordinate legislation is laid before the Scottish Parliament.

(3) If the subordinate legislation is subject to the negative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before making the subordinate legislation.

(4) Subsection (5) applies where a Bill is introduced to the Scottish Parliament which—

(a) provides for the holding of a referendum throughout Scotland, and

(b) specifies the wording of the question.

(5) The Electoral Commission must—

(a) consider the wording of the question, and

(b) publish a statement of any views of the Commission as to the intelligibility of the question—

(i) as soon as reasonably practicable after the Bill is introduced, and

(ii) in such manner as they may determine.

(6) Where the Bill or subordinate legislation specifies not only the question but also any statement which is to precede the question on the ballot paper at the referendum, any reference in subsection (2), (3) or, as the case may be, (5) to the question is to be read as a reference to the question and the statement taken together.

(7) This section does not apply in relation to a question or statement if the Electoral Commission have, in the validity period—

(a) published a report setting out their views as to the intelligibility of the question or statement, or

(b) recommended the wording of the question or statement.

(8) In subsection (7), the “validity period” means—

(a) the period composed of the session of the Scottish Parliament in which the proposed date of the referendum falls, or

(b) if subsection (9) applies, the period composed of the session of the Scottish Parliament in which the proposed date of the referendum falls and the preceding session.

(9) This subsection applies if the Scottish Parliament, on a motion by a member of the Scottish Government, resolves that the validity period mentioned in subsection (8)(b) should apply in relation to the question or statement.

(10) Before lodging a motion referred to in subsection (9), the Scottish Ministers must consult the Electoral Commission.

(11) At the same time as lodging a motion referred to in subsection (9), the Scottish Ministers must lay before the Scottish Parliament a document setting out the reasons why they consider the validity period mentioned in subsection (8)(b) should apply in relation to the question or statement.

(12) In subsection (8), for the purpose of reckoning the number of sessions in a period, any extraordinary general election in that period is to be disregarded unless it is one which results in section 3(3) of the Scotland Act 1998 having effect.

(13) As soon as reasonably practicable after being consulted under subsection (2), (3) or (10), the Electoral Commission must—

(a) lay before the Scottish Parliament a statement of any views of the Commission on the matter, and

(b) publish the statement in such manner as the Commission may determine.

(14) If the Scottish Parliament resolves to consult the Electoral Commission on the wording of a question or statement in a referendum, the Commission must, as soon as reasonably practicable—

(a) lay before the Scottish Parliament a statement of any views of the Commission on that question or statement, and

(b) publish the statement in such manner as the Commission may determine.

Power to change date of referendum if UK election on same date

3

(1) The date of a referendum must not be the same as the date on which any other election or poll is scheduled to be held throughout Scotland.

(2) If the date of a referendum is the same as the date of a UK parliamentary general election, the Presiding Officer may appoint a later date on which the poll at that referendum is to be held.

(3) The date appointed under subsection (2) may not be more than 6 weeks later.

(4) The Presiding Officer may appoint a date under subsection (2) only if the Scottish Parliament is dissolved or in recess.

(5) Before appointing a date under subsection (2), the Presiding Officer must consult the Electoral Commission.

(6) The Presiding Officer must publish a statement of the date appointed under subsection (2).

(7) In this section—

“date of a referendum” means the date on which the poll at a referendum is to be held in pursuance of provision made by or under an Act of the Scottish Parliament,

Franchise

Those who are entitled to vote

4

A person is entitled to vote in the referendum if, on the date on which the poll at the referendum is held, the person is—

(a) aged 16 or over,

(b) registered in the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland,

(d) a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union.

Those who are subject to a legal incapacity to vote

5

For the purposes of this Act, a person is, on any date, subject to a legal incapacity to vote if the person would be legally incapable (whether by virtue of any enactment or any rule of law) of voting at a local government election in Scotland held on that date.

Voting etc.

Provision about voting etc.

6

Schedule 1 makes provision about voting in the referendum, including—

(a) provision about the manner of voting (including provision for absent voting),

(b) provision about registration,

(d) provision about the supply of certain documents.

Conduct

Chief Counting Officer

7

(1) The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum.

(2) The Chief Counting Officer is to be the person who, immediately before the coming into force of the Act of the Scottish Parliament referred to in section 1(2) or regulations made under that Act, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of , or paragraph 2 of the schedule of, the Local Electoral Administration (Scotland) Act 2011.

(3) But subsection (2) does not apply if—

(a) there is no person appointed as convener at that time,

(b) that person is unable or unwilling to be appointed as the Chief Counting Officer,

(in which case the Scottish Ministers must appoint such person as they consider appropriate).

(4) The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers.

(5) The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if—

(a) where subsection (2) applies, the Chief Counting Officer ceases to be the convener of the Electoral Management Board for Scotland,

(b) the Chief Counting Officer is convicted of any offence, or

(c) they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer's functions by reason of any physical or mental illness or disability.

(6) If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer.

(7) The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy.

(8) A person may be appointed to be—

(a) the Chief Counting Officer,

(b) a deputy of the Chief Counting Officer,

only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act.

Other counting officers

8

(1) The Chief Counting Officer must, in writing, appoint a counting officer for each local government area.

(2) The Chief Counting Officer must notify the Scottish Ministers of each appointment made under subsection (1).

(3) A counting officer may resign by giving notice in writing to the Chief Counting Officer.

(4) The Chief Counting Officer may, by notice in writing, remove a counting officer from office if—

(a) the Chief Counting Officer is satisfied that the counting officer is for any reason unable to perform the counting officer's functions, or

(b) the counting officer fails to comply with a direction given or requirement imposed by the Chief Counting Officer.

(5) If the counting officer for an area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for the area.

(6) A counting officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to a counting officer is to be read as including a deputy.

Functions of the Chief Counting Officer and other counting officers

9

(1) The Chief Counting Officer is responsible for ensuring the proper and effective conduct of the referendum, including the conduct of the poll and the counting of votes, in accordance with this Act.

(2) Each counting officer must—

(a) conduct the poll and the counting of votes cast in the local government area for which the officer is appointed in accordance with this Act, and

(b) certify—

(i) the number of ballot papers counted by the officer,

(ii) the number of votes cast in the area in favour of each answer to the referendum question, and

(iii) the number of rejected ballot papers.

(3) A counting officer—

(a) must consult the Chief Counting Officer before making a certification under subsection (2)(b), and

(b) must not make the certification or any public announcement of the result of the count until authorised to do so by the Chief Counting Officer.

(4) The Chief Counting Officer must, for the whole of Scotland, certify—

(a) the total number of ballot papers counted,

(b) the total number of votes cast in favour of each answer to the referendum question, and

(5) A counting officer must give the Chief Counting Officer any information which the Chief Counting Officer requires for the carrying out of the Chief Counting Officer's functions.

(6) A counting officer must carry out the counting officer's functions under this Act in accordance with any directions given by the Chief Counting Officer.

(7) Before giving a direction to a counting officer, the Chief Counting Officer must consult the Electoral Commission.

(8) The Chief Counting Officer must not impose a requirement or give a direction that is inconsistent with this Act.

(9) The Chief Counting Officer may—

(a) appoint such staff,

(b) require a council to provide, or ensure the provision of, such property, staff and services,

as may be required by the Chief Counting Officer for the carrying out of the Chief Counting Officer's functions.

(10) The council for the local government area for which a counting officer is appointed must provide, or ensure the provision of, such property, staff and services as may be required by the counting officer for the carrying out of the counting officer's functions.

Correction of procedural errors

10

(1) The Chief Counting Officer or a counting officer may take such steps as the officer thinks appropriate to remedy any act or omission on the officer's part, on the part of a deputy of the officer, or on the part of a relevant person, which—

(a) arises in connection with any function the Chief Counting Officer, counting officer or relevant person (as the case may be) has in relation to the referendum, and

(b) is not in accordance with the requirements of this Act relating to the conduct of the referendum.

(2) But the Chief Counting Officer or a counting officer may not under subsection (1) re-count the votes cast in the referendum after the result has been declared.

(3) For the purposes of subsection (1), each of the following is a relevant person—

(a) in relation to the Chief Counting Officer, a counting officer or a deputy of a counting officer,

(b) a registration officer,

(d) a person providing goods or services to the counting officer,

(e) a deputy of any registration officer or presiding officer,

(f) a person appointed to assist or, in the course of the person's employment, assisting any person mentioned in paragraphs (b) to (d) in connection with any function that person has in relation to the referendum.

(4) The Chief Counting Officer or a counting officer does not commit an offence under paragraph 5 of schedule 6 by virtue of an act or omission in breach of the officer's official duty if the officer remedies that act or omission in full by taking steps under subsection (1).

(5) Subsection (4) does not affect any conviction, or any penalty imposed, before the date on which the act or omission is remedied in full.

Expenses of counting officers

11

(1) The Chief Counting Officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the Chief Counting Officer of functions under this Act.

(2) A counting officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the counting officer of functions under this Act.

(3) The amount of charges and expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, regulations made by the Scottish Ministers.

(4) However the Scottish Ministers may pay an amount of charges or expenses that exceeds that maximum amount if they consider—

(a) that it was reasonable for the Chief Counting Officer or, as the case may be, the counting officer, to incur the charges or expenses, and

(b) that the amount of the charges or expenses is reasonable.

(5) Regulations under subsection (3) may include provision for the submission by the Chief Counting Officer and counting officers to the Scottish Ministers of accounts of charges and expenses before payments are made by the Scottish Ministers, including provision about—

(a) the time by which accounts are to be submitted,

(b) the form and manner in which they are to be submitted.

(6) Regulations under subsection (3)—

(a) may make different provision for different functions, cases or areas,

(b) may include incidental and supplementary provision.

(7) If the Chief Counting Officer or a counting officer requests from the Scottish Ministers an advance on account of any charges or expenses recoverable by the officer from the Scottish Ministers under this section, the Scottish Ministers may make such advance on such terms as they think fit.

Conduct rules

12

Schedule 2 makes provision about the conduct of the referendum.

Campaign

Campaign rules

13

Schedule 3 makes provision about the conduct of campaigning in the referendum, including provision—

(a) limiting the amount of expenses that can be incurred by those campaigning in the referendum,

(b) restricting the publication of certain material,

Monitoring and securing compliance with the campaign rules

14

(1) The Electoral Commission must—

(a) monitor compliance with the restrictions and other requirements imposed by schedule 3, and

(b) take such steps as they consider appropriate with a view to securing compliance with those restrictions and requirements.

(2) The Electoral Commission may prepare and publish guidance setting out, in relation to any restriction or requirement imposed by schedule 3, their opinion on any of the following matters—

(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the restriction or requirement,

(b) what it is desirable to do (or avoid doing) in view of the purpose of the restriction or requirement.

(3) Subsection (2) does not affect the generality of section 26(4).

(4) Schedule 4 makes provision about the investigatory powers of the Electoral Commission for the purpose of subsection (1).

(5) Schedule 5 makes provision for civil sanctions in relation to—

(a) the commission of campaign offences,

(b) the failure to comply with certain requirements imposed by schedule 3.

(6) In this section, “restriction” includes a prohibition.

Inspection of Electoral Commission's registers etc.

15

(1) This section applies to any register kept by the Electoral Commission under paragraph 6 of schedule 3.

(2) The Commission must make a copy of the register available for public inspection during ordinary office hours, either at the Commission's offices or at some convenient place appointed by them.

(3) The Commission may make other arrangements for members of the public to have access to the contents of the register.

(4) If requested to do so by any person, the Commission must supply the person with a copy of the register or any part of it.

(5) The Commission may charge such reasonable fee as they may determine in respect of—

(a) any inspection or access allowed under subsection (2) or (3), or

(b) any copy supplied under subsection (4).

(6) Subsections (2) to (5) apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of paragraph 26, 45 or 63 of schedule 3 as they apply in relation to any register falling within subsection (1).

(7) Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—

(a) made available for public inspection under subsection (2), or

(b) supplied under subsection (4),

must be made available, or (as the case may be) supplied, in a legible form.

Campaign rules: general offences

16

(1) A person commits an offence if—

(a) the person—

(i) alters, suppresses, conceals or destroys any document to which this subsection applies, or

(ii) causes or permits the alteration, suppression, concealment or destruction of any such document, and

(b) the person does so with the intention of falsifying the document or enabling any person to evade any of the provisions of schedules 3 to 5.

(2) Subsection (1) applies to any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of schedule 4.

(3) Subsection (4) applies where the relevant person in the case of a supervised organisation, or a person acting on behalf of the relevant person, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which the relevant person reasonably requires for the purposes of any of the provisions of schedules 3 to 5.

(4) The office-holder commits an offence if—

(a) without reasonable excuse, the office-holder fails to supply the relevant person with that information as soon as practicable, or

(b) in purporting to comply with the request, the office-holder knowingly supplies the relevant person with any information which is false in a material particular.

(5) A person commits an offence if, with intent to deceive, the person withholds—

(a) from the relevant person in the case of a supervised organisation, or

(b) from a supervised individual,

any information required by the relevant person or that individual for the purposes of any of the provisions of schedules 3 to 5.

(6) In subsections (1) to (5) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.

(7) A person who commits an offence under subsection (1), (4)(a) or (b) or (5) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both).

(8) In this section—

“supervised individual” means an individual who is a permitted participant,

“supervised organisation” means a permitted participant other than an individual,

“relevant person” means a person who is (or has been), in relation to a permitted participant, the responsible person for the purposes of this Act.

Campaign offences: summary proceedings

17

(1) Summary proceedings for a campaign offence may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken—

(a) against any body, including an unincorporated association, at any place at which it has a place of business, and

(b) against an individual at any place at which the individual is for the time being.

(2) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences), summary proceedings for a campaign offence may be commenced within the period of 6 months after the relevant date but no later than 3 years after the date of commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

(3) In this section “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor's knowledge.

(4) For the purposes of subsection (3) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to the prosecutor's knowledge is conclusive evidence of that fact.

Duty of court to report convictions to the Electoral Commission

18

The court by or before which a person is convicted of a campaign offence must notify the Electoral Commission of the conviction as soon as practicable.

Referendum agents

19

(1) A permitted participant may, for any local government area, appoint an individual (who may be the responsible person) to be the permitted participant's agent (“referendum agent”).

(2) If a permitted participant appoints a referendum agent for a local government area, the responsible person must give the counting officer for that area notification of the name and address of—

(a) the permitted participant, and

(b) the referendum agent.

(3) The notification must be—

(a) in writing,

(b) signed by the responsible person, and

(4) For the purpose of subsection (3)(c), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(d) a day appointed for public thanksgiving or mourning.

(5) The duties imposed on a responsible person by this section may be discharged by any person authorised in writing by the responsible person.

(6) A counting officer who receives a notification under subsection (2) must, as soon as practicable, publish notice of—

(a) the name of the permitted participant, and

(b) the name and address of the referendum agent.

(7) If—

(a) a permitted participant revokes the appointment of a referendum agent or a referendum agent dies, and

(b) the permitted participant has notified the counting officer of the appointment of a polling or counting agent under rule 14 of the conduct rules,

the permitted participant must, as soon as practicable, appoint another referendum agent under subsection (1).

(8) Where subsection (7) applies, the notification under subsection (2) must be made as soon as practicable after the appointment of the new referendum agent (and subsection (3)(c) does not apply to that notification).

Observers

Attendance of Electoral Commission at proceedings and observation of working practices

20

(1) A representative of the Electoral Commission may attend proceedings relating to the referendum that are the responsibility of—

(a) the Chief Counting Officer, or

(b) a counting officer.

(2) The right conferred by subsection (1) is subject to any other provision of this Act which regulates attendance at the proceedings in question.

(3) A representative of the Electoral Commission may observe the working practices of each of the following in carrying out functions under this Act—

(a) a registration officer,

(b) the Chief Counting Officer,

(d) any person acting under the direction of a person mentioned in paragraphs (a) to (c).

(4) In this section, “representative of the Electoral Commission” means any of the following—

(a) a member of the Electoral Commission,

(b) a member of staff of the Electoral Commission,

Accredited observers: individuals

21

(1) A person who is aged 16 or over may apply to the Electoral Commission to be an accredited observer at any of the following proceedings relating to the referendum—

(a) proceedings at the issue or receipt of postal ballot papers,

(b) proceedings at the poll,

(2) If the Commission grant the application, the accredited observer may attend the proceedings in question.

(3) An application under subsection (1) must be made in the manner specified by the Commission.

(4) The Commission may at any time revoke the grant of an application under subsection (1).

(5) If the Commission—

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application,

they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation.

(6) The right conferred on an accredited observer by this section is subject to any provision of this Act which regulates attendance at the proceedings in question.

Accredited observers: organisations

22

(1) An organisation may apply to the Electoral Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to the referendum—

(a) proceedings at the issue or receipt of postal ballot papers,

(b) proceedings at the poll,

(2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.

(3) The Commission, in granting the application, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.

(4) An application under subsection (1) must be made in the manner specified by the Commission.

(5) The Commission may at any time revoke the grant of an application under subsection (1).

(6) If the Commission—

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application,

they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation.

(7) The right conferred by this section is subject to any provision of this Act which regulates attendance at the proceedings in question.

Attendance and conduct of accredited observers

23

(1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time by virtue of section 21 or 22.

(2) If a person who is entitled to attend any proceedings by virtue of section 21 or 22 commits misconduct while attending the proceedings, the relevant officer may cancel the person's entitlement.

(3) Subsection (2) does not affect any power that a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.

(4) A relevant officer is—

(a) in the case of proceedings at a polling station, the presiding officer,

(b) in the case of any other proceedings at the referendum, the Chief Counting Officer or a counting officer,

(c) any other person authorised by a person mentioned in paragraph (a) or (b) for the purposes of the proceedings mentioned in that paragraph.

Code of practice on attendance of observers

24

Section 6G of the 2000 Act (code of practice on attendance of observers at Scottish parliamentary elections and local government elections in Scotland) applies in relation to the referendum as it applies in relation to Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and local government elections in Scotland (and accordingly the code prepared under that section applies in relation to the referendum), but as if—

(a) references to accredited observers were to be construed in accordance with section 21 of this Act,

(b) references to accredited organisations and a nominated member were to be construed in accordance with section 22 of this Act,

(d) the reference in subsection (2)(a) to section 6C(1) and 6D(1) of the 2000 Act were a reference to section 21(1) and 22(1) of this Act,

(e) the reference in subsection (2)(c) to section 6E of the 2000 Act were a reference to section 23 of this Act,

(f) the reference in subsection (2)(f) to sections 6A, 6B, 6C and 6D of the 2000 Act were a reference to sections 20, 21 and 22 of this Act,

(g) in subsection (7)—

(i) the reference to section 6A, 6B, 6C, 6D or 6E of the 2000 Act were a reference to sections 20, 21, 22 and 23 of this Act,

(ii) the reference to section 6E of the 2000 Act were a reference to section 23 of this Act.

Information, guidance, advice and encouragement

Information for voters

25

(1) The Electoral Commission must take such steps as they consider appropriate to promote public awareness and understanding in Scotland about—

(a) the referendum,

(b) the referendum question, and

(2) Each Scottish public authority must take such steps as it considers appropriate to—

(a) encourage people entitled to vote in the referendum to register to vote,

(b) promote public awareness and understanding in Scotland about—

(i) registering to vote,

(ii) the manner of voting, including how and when to vote, and

(iii) any such other matter about voting in the referendum as it considers appropriate.

Guidance

26

(1) The Electoral Commission may issue guidance to the Chief Counting Officer about the exercise of the Chief Counting Officer's functions under this Act.

(2) The Chief Counting Officer may issue guidance to counting officers and registration officers about the exercise of their respective functions under this Act.

(3) The Electoral Commission may, with the consent of the Chief Counting Officer, issue guidance to counting officers about the exercise of their functions under this Act.

(4) The Electoral Commission may issue guidance to permitted participants and persons who may become permitted participants about the provisions set out in schedule 3 of this Act.

(5) Guidance issued under subsection (4) must include information on what may constitute a common plan or other arrangement for the purposes of paragraph 21 of schedule 3.

Advice

27

The Electoral Commission may, if asked to do so by any person, provide the person with advice about—

(a) the application of this Act,

(b) any other matter relating to the referendum.

Encouraging participation

28

(1) The Chief Counting Officer must take whatever steps the Chief Counting Officer considers appropriate to—

(a) encourage participation in the referendum, and

(b) facilitate co-operation among officers taking steps under this section.

(2) A counting officer must take whatever steps the counting officer considers appropriate to encourage participation in the referendum in the local government area for which the officer is appointed.

(3) A registration officer must take whatever steps the registration officer considers appropriate to encourage participation in the referendum in the area for which the officer acts.

Report on referendum

Report on the conduct of the referendum

29

(1) As soon as practicable after the referendum, the Electoral Commission must prepare and lay before the Scottish Parliament a report on the conduct of the referendum.

(2) The report must include a summary of—

(a) how the Commission have carried out their functions under this Act,

(b) the expenditure incurred by the Commission in carrying out those functions,

(3) The Chief Counting Officer must provide the Commission with such information as they may require for the purposes of the report.

(4) In preparing the report, the Commission must consult such persons as they consider appropriate.

(5) On laying the report, the Commission must publish the report in such manner as they may determine.

(6) In the 2000 Act, in schedule 1, in paragraph 20(1) (report on Electoral Commission's functions), the reference to the Commission's functions does not include a reference to the Commission's functions under this Act.

Electoral Commission: administrative provision

Reimbursement of Commission's costs

30

(1) The SPCB must reimburse the Electoral Commission for any expenditure properly incurred by the Commission that is attributable to the carrying out of the Commission's functions under this Act.

(2) Subsection (1) does not require the SPCB to reimburse any expenditure which exceeds or is otherwise not covered by an estimate or, as the case may be, a revised estimate approved under section 31.

(3) However, the SPCB may reimburse that expenditure.

(4) In the 2000 Act, in schedule 1, paragraph 14(1) (financing of the Electoral Commission) has effect as if paragraph (a) included a reference to expenditure reimbursed under subsection (1) or (3) of this section.

Estimates of expenditure

31

(1) The Electoral Commission must, before the start of each financial year—

(a) prepare an estimate of the Commission's expenditure for the year that is attributable to the carrying out of their functions under this Act, and

(b) send the estimate to the SPCB for approval.

(2) The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval.

(3) The period from the commencement of this Act until the following 31 March is treated, for the purposes of this section, as the first financial year.

(4) Subsection (1) has effect in relation to the first financial year as if the reference to the start of the financial year were a reference to the end of the period of one month beginning with the date of the commencement of this Act.

(5) In the 2000 Act, in schedule 1, paragraph 14(2) (Commission to prepare estimates of income and expenditure) does not apply in relation to income and expenditure of the Commission that is attributable to the carrying out of their functions under this Act.

Maladministration

32

In the Scottish Public Services Ombudsman Act 2002, in section 7(6D) (restrictions on investigations), after “Scotland”, insert “ or the exercise of the Commission's functions under the Referendums (Scotland) Act 2020 ”.

Registration

Information about persons aged under 16

33

(1) Section 14 of the Scottish Elections (Reduction of Voting Age) Act 2015 (exceptions from prohibition on disclosure of information about persons aged under 16) is amended as follows.

(2) In subsection (1)—

(a) omit the “or” following paragraph (a),

(b) after paragraph (b) insert

, or (c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.

(3) In subsection (3), after “election” insert “ or referendum ”.

(4) In subsection (4), after paragraph (h) insert—

(i) the Referendums (Scotland) Act 2020.

(5) In subsection (5)—

(a) omit the “or” following paragraph (a),

(b) after paragraph (b) insert

, or (c) the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020.

Registration officers' expenses

34

(1) A registration officer is entitled to recover from the Scottish Ministers any expenses incurred by the registration officer that are attributable specifically to the exercise of the registration officer's functions under this Act.

(2) The amount of expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, regulations made by the Scottish Ministers.

(3) However the Scottish Ministers may pay an amount of expenses that exceeds that maximum amount if they consider—

(a) that it was reasonable for the registration officer to incur the expenses, and

(b) that the amount of the expenses is reasonable.

(4) Regulations under subsection (2) may include provision for the submission by registration officers to the Scottish Ministers of accounts of expenses before payments are made by the Scottish Ministers, including provision about—

(a) the time by which accounts are to be submitted,

(b) the form and manner in which they are to be submitted.

(5) Regulations under subsection (2)—

(a) may make different provision for different functions, cases or areas,

(b) may include incidental and supplementary provision.

Offences

35

Schedule 6 makes provision about offences in or in connection with the referendum.

Individual culpability for offending by an organisation

36

(1) Subsection (2) applies where—

(a) an offence under this Act is committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual.

(2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence.

(3) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate (other than a limited liability partnership)—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member,

(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Power to modify this Act

37

(1) The Scottish Ministers may by regulations make such modifications of this Act as they consider necessary or expedient—

(a) in consequence of or in connection with any modification of any other enactment relating to—

(i) the conduct of referendums or campaigning in any referendum,

(ii) the conduct of elections or campaigning in elections,

(iii) entitlement to vote at any referendum or any election,

(b) to give effect to recommendations of the Electoral Commission.

(2) Regulations under subsection (1) may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) The Scottish Ministers must consult the Electoral Commission and such other persons as they consider appropriate before laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament for approval.

(5) When laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a document giving details of—

(a) the consultation carried out under subsection (4),

(b) any representations received as a result of the consultation, and

Power to vary specified sums

38

(1) The Scottish Ministers may by regulations vary any sum for the time being specified in this Act.

(2) The Scottish Ministers may make regulations under subsection (1)—

(a) where they consider it expedient to do so in consequence of changes in the value of money, or

(b) in order to give effect to a recommendation of the Electoral Commission.

(3) Regulations under subsection (1) are—

(a) where subsection (2)(a) applies, subject to the negative procedure,

(b) where subsection (2)(b) applies, subject to the affirmative procedure.

(4) This section does not affect the generality of the power conferred by section 37(1).

Legal proceedings

Restriction on legal challenge to referendum result

39

(1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a counting officer or by the Chief Counting Officer under section 9(2)(b) or (as the case may be) (4) unless—

(a) the proceedings are brought by way of a petition for judicial review, and

(b) the petition is lodged before the end of the permitted period.

(2) In subsection (1)(b) “the permitted period” means the period of 8 weeks beginning with—

(a) the day on which the officer in question makes the certification as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the officer makes more than one such certification, the day on which the last is made.

(3) In subsection (1), references to a petition for judicial review are references to an application to the supervisory jurisdiction of the Court of Session.

Final provisions

Interpretation

40

Schedule 7 provides definitions for words and expressions used in this Act.

Commencement

41

This Act comes into force on the day after Royal Assent.

Short title

42

The short title of this Act is the Referendums (Scotland) Act 2020.

SCHEDULE 1

PART 1 — Manner of voting

Manner of voting

1

(1) This paragraph applies to determine the manner of voting of a voter.

(2) A voter may vote in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules unless the voter is entitled to an absent vote in the referendum.

(3) A voter may vote by post if the voter is entitled to vote by post in the referendum.

(4) If a voter is entitled to vote by proxy in the referendum, the voter may so vote unless, before a ballot paper is issued for the voter to vote by proxy, the voter applies at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules for a ballot paper for the purpose of voting in person, in which case the voter may vote in person there.

(5) If a voter—

(a) is not entitled to an absent vote in the referendum, and

(b) cannot reasonably be expected to go in person to the polling station allotted to the voter under rule 9(1)(b) of the conduct rules because of the particular circumstances of the voter's employment, either as a constable or by the counting officer, on the date of the referendum for a purpose connected with the referendum,

the voter may vote in person at any polling station in the local government area in which the polling station allotted to the voter is situated.

(6) Nothing in sub-paragraphs (1) to (5) applies to—

(a) a voter to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the voter is registered by virtue of that provision or not, and such a voter may vote—

(i) in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules (if granted permission to be absent from the hospital and voting in person does not breach any condition attached to the permission), or

(ii) by post or by proxy (if entitled so to vote in the referendum), or

(b) a voter to whom section 7A of that Act (person remanded in custody) applies, whether the voter is registered by virtue of that provision or not, and such a voter may only vote by post or by proxy (if entitled so to vote in the referendum).

(7) Sub-paragraph (2) does not prevent a voter, at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules, marking a tendered ballot paper in pursuance of rule 24 of those rules.

(8) For the purposes of this Act—

(a) references to a voter being entitled to an absent vote in the referendum are references to the voter being entitled to vote by post or by proxy in the referendum, and

(b) a voter is entitled to vote—

(i) by post in the referendum if the voter is shown in the postal voters list (see paragraph 4(2)) for the referendum as so entitled,

(ii) by proxy in the referendum if the voter is shown in the list of proxies (see paragraph 4(3)) for the referendum as so entitled.

Existing absent voters

2

(1) A person is taken to have been granted a vote by post in the referendum if the person is—

(a) shown in the record maintained under paragraph 3(4) of schedule 4 of the Representation of the People Act 2000 as voting by post at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or

(b) shown in the record maintained by the registration officer of persons entitled to vote by post at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum.

(2) Such a person is referred to in this schedule as an “existing postal voter”.

(3) A person is taken to have been granted a vote by proxy in the referendum if the person is—

(a) shown in the record maintained under paragraph 3(4) of schedule 4 of the Representation of the People Act 2000 as voting by proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or

(b) shown in the record maintained by the registration officer of persons entitled to vote by proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum.

(4) Such a person is referred to in this schedule as an “existing proxy voter”.

(5) Sub-paragraph (1) does not apply to a person if the person is granted a vote by proxy by virtue of an application under paragraph 3.

(6) Sub-paragraph (3) does not apply to a person if the person is granted a vote by post by virtue of an application under paragraph 3.

Applications for absent vote

3

(1) Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum, and

(b) the application meets the requirements set out in paragraph 7.

(2) Where a person applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under rule 9(1)(b) of the conduct rules,

(b) the registration officer is satisfied that the applicant is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum, and

(3) Where a person who has an anonymous entry in the register of local government electors maintained by a registration officer applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7.

(4) Sub-paragraphs (1) and (2) do not apply to a person who is an existing postal voter or an existing proxy voter.

(5) If an existing postal voter applies to the appropriate registration officer for the person's ballot paper to be sent to a different address from that shown in the record referred to in paragraph 2(1) in relation to that existing postal voter, the registration officer must grant the application if it meets the requirements set out in paragraph 7.

(6) If an existing postal voter applies to the appropriate registration officer to vote by proxy in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the person cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the person under rule 9(1)(b) of the conduct rules, and

(b) the application meets the requirements set out in paragraph 7.

(7) If an existing proxy voter applies to the appropriate registration officer to vote by post in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7.

(8) In sub-paragraphs (5) to (7), “appropriate registration officer” means, in relation to an existing postal voter or an existing proxy voter, the registration officer responsible for keeping the record mentioned in paragraph 2(1) or (3) by virtue of which the person is such a voter.

Absent voters lists

4

(1) Each registration officer must keep the 2 lists mentioned in sub-paragraphs (2) and (3).

(2) The first list (the “postal voters list”) is a list of—

(a) those who are existing postal voters by reason of an entry in a record mentioned in paragraph 2(1) kept by the registration officer, together with the addresses—

(i) shown in the record mentioned in that paragraph, or

(ii) provided in any application by them under paragraph 3(5),

as the addresses to which their ballot papers are to be sent, and

(b) those granted a vote by post in the referendum by the registration officer by virtue of an application under paragraph 3 together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(3) The second list (the “list of proxies”) is a list of—

(a) those who are existing proxy voters by reason of an entry in a record mentioned in paragraph 2(3) kept by the registration officer, and

(b) those granted a vote by proxy in the referendum by the registration officer by virtue of an application under paragraph 3,

together (in each case) with the names and addresses of those appointed as their proxies.

(4) In the case of a person who has an anonymous entry in the register of local government electors, any entry in the postal voters list or list of proxies must show in relation to the person only the person's voter number.

(5) Where a person is removed from the postal voters list or the list of proxies, the registration officer must, where practicable, notify the person of the removal and the reason for it.

Proxies

5

(1) Subject to the provisions of this paragraph, any person is capable of being appointed as proxy to vote for another in the referendum and may vote in pursuance of the appointment.

(2) A person (“A”) cannot have more than one person at a time appointed as proxy to vote for A in the referendum.

(3) A person is not capable of being appointed to vote, or of voting, as proxy at the referendum—

(a) if the person is subject to any legal incapacity (age apart) to vote in the referendum, or

(b) if the person is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union.

(4) A person is not capable of being appointed to vote, or of voting, as proxy unless the registration officer is satisfied that the person is or will be registered in the register of local government electors.

(5) A person is not capable of voting as a proxy in the referendum unless, on the date of the referendum, the person is of voting age.

(6) A person is not entitled to vote as proxy in the referendum on behalf of more than 2 others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(7) If there is an existing proxy for an existing proxy voter, the existing proxy is taken to have been appointed as proxy to vote for the existing proxy voter in the referendum.

(8) In sub-paragraph (7), “existing proxy” means, in relation to an existing proxy voter—

(a) a person appointed under paragraph 6(7) of schedule 4 of the Representation of the People Act 2000 as proxy to vote for the existing proxy voter at local government elections, or

(b) if there is no such person, a person appointed as proxy to vote for the existing proxy voter at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum.

(9) Where a person applies to the registration officer for the appointment of a proxy to vote for the person in the referendum, the registration officer must make the appointment if—

(a) the registration officer is satisfied that the applicant is or will be—

(i) registered in the register of local government electors maintained by the officer, and

(ii) entitled to vote by proxy in the referendum by virtue of paragraph 2(3) or an application under paragraph 3,

(b) the registration officer is satisfied that the proxy is capable of being and willing to be appointed, and

(10) The appointment of a proxy under this paragraph is to be made by means of a proxy paper issued by the registration officer.

(11) The appointment of a proxy to vote for a person (“A”) in the referendum—

(a) may be cancelled by A by giving notice to the registration officer, and

(b) ceases to have effect on the issue of a proxy paper appointing a different person to vote for A in the referendum.

Voting as proxy

6

(1) A person entitled to vote as proxy for another (“A”) in the referendum may do so in person at the polling station allotted to A under rule 9(1)(b) of the conduct rules unless the person is entitled to vote by post as proxy in the referendum, in which case the person may vote by post.

(2) Where a person is entitled to vote by post as proxy for another (“A”) in the referendum, A may not apply for a ballot paper for the purpose of voting in person at the referendum.

(3) For the purposes of this schedule, a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the proxy postal voters list (see sub-paragraph (7)).

(4) An existing proxy is taken to have been granted a vote by post as proxy if the existing proxy is—

(a) shown in the record kept under paragraph 7(6) of schedule 4 of the Representation of the People Act 2000 as voting by post as proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or

(b) shown in the record maintained by the registration officer of persons entitled to vote by post as proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum.

(5) In sub-paragraph (4), “existing proxy” means a person who is taken to have been appointed as proxy by virtue of paragraph 5(7).

(6) Where a person applies to the registration officer to vote by post as proxy for another (“A”) in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that A is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum,

(b) there is in force an appointment of the applicant as A's proxy to vote for A in the referendum, and

(7) The registration officer must keep a special list (the “proxy postal voters list”) of—

(a) those taken to have been granted a vote by post as proxy by virtue of sub-paragraph (4) by reason of an entry in a record mentioned in that sub-paragraph kept by the registration officer, together with the addresses shown in the record as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under sub-paragraph (6) have been granted by the registration officer, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(8) Where a person to be included in the proxy postal voters list applies to the registration officer for the person's ballot paper to be sent to a different address, the registration officer must grant the application if it meets the requirements in paragraph 7.

(9) In the case of a person who has an anonymous entry in the register of local government electors, the proxy postal voters list must contain only the person's voter number.

(10) The registration officer must keep a record in relation to those whose applications under sub-paragraph (6) have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of paragraph 7(6) (or other provision to like effect) has dispensed with the requirement to provide a signature, their signatures.

(11) The registration officer must retain the record kept under sub-paragraph (10) for the period of one year following the date of the referendum.

(12) Sub-paragraph (2) does not prevent a person (“A”), at the polling station allotted to A under rule 9(1)(b) of the conduct rules, from marking a tendered ballot paper in pursuance of rule 24 of those rules.

Requirements as to applications

7

(1) This paragraph applies in relation to applications under paragraph 3, 5(9) or 6(6) or (8).

(2) An application must—

(a) be made in writing,

(b) state the date on which it is made, and

(3) An application to vote by post (including an application to vote by post as a proxy) must contain—

(a) the applicant's full name and date of birth,

(b) the applicant's signature, and

(4) An application to vote by proxy must contain—

(a) the applicant's full name and date of birth,

(b) the applicant's signature,

(c) a statement of the reasons why the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under rule 9(1)(b) of the conduct rules, and

(d) an application under paragraph 5(9) for the appointment of a proxy.

(5) An application to vote by proxy made as described in sub-paragraph (9)(a) must also meet any applicable additional requirements set out in paragraph 8.

(6) The registration officer may, in relation to any application to which sub-paragraph (3) or (4) applies, dispense with the requirement to include the applicant's signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because—

(i) of any disability that the applicant has, or

(ii) the applicant is unable to read or write, or

(b) to sign in a consistent and distinctive way because of any such disability or inability.

(7) For the purposes of sub-paragraphs (3)(a) and (b) and (4)(a) and (b), the applicant's date of birth and signature must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning and, in particular—

(a) the date of birth must be set out numerically in the sequence day, month, year (for example, the date 30 July 1965 must be set out 30071965),

(b) the signature must be written within an area of white, unlined paper no smaller than 5 centimetres by 2 centimetres.

(8) An application for the appointment of a proxy must state the full name and address of the person whom the applicant wishes to appoint as proxy, together with that person's family relationship, if any, with the applicant and—

(a) if the application is signed only by the applicant, the application must contain a statement signed 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 the application is signed also by the person to be appointed as proxy, must 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.

(9) Sub-paragraph (10) applies in relation to an application to vote by proxy (and an application under paragraph 5(9) for the appointment of a proxy contained in such an application to vote by proxy)—

(a) made after the cut-off date and on the grounds that the applicant cannot reasonably be expected to vote in person at the polling station allotted under rule 9(1)(b) of the conduct rules because—

(i) of a disability suffered before that date, in circumstances where the disability means that the application could not reasonably have been made before that date,

(ii) of a disability suffered after that date, or

(iii) of reasons relating to the applicant's occupation, service or employment, of which the applicant only became aware after the cut-off date, or

(b) by a person to whom paragraph 1(6)(a) applies.

(10) Sub-paragraph (2)(c) does not apply in relation to the application and instead the application must be made before 5pm on the date of the referendum.

(11) Sub-paragraph (12) applies in relation to an application under paragraph 3(5) or 6(8) for the person's ballot paper to be sent to a different address.

(12) Subject to sub-paragraph (13), the application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(13) The requirement in sub-paragraph (12) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements as to certain applications to vote by proxy

8

(1) Sub-paragraphs (3) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(i).

(2) Sub-paragraphs (4) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(ii).

(3) The application must contain a statement of the reasons why the applicant did not apply before the cut-off date.

(4) The application must contain a statement of the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c).

(5) Where the application is made on or after the fifth day before the date of the referendum, the application must be signed by a person who—

(a) is aged 16 or over,

(b) knows the applicant, and

(6) The person who signs the application in accordance with sub-paragraph (5) must certify in the application that the following information is true to the best of the person's knowledge and belief—

(a) the information given in the statement required by sub-paragraph (4), and

(b) the reasons given in the statement required by paragraph 7(4)(c).

(7) That person must also state in the application—

(a) the person's name and address,

(b) that the person—

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(8) Sub-paragraphs (10) to (13) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(iii).

(9) But sub-paragraphs (11) to (13) do not apply if the applicant is or will be registered as a service voter.

(10) The application must contain a statement of—

(a) where the applicant is an employee, the name of the applicant's employer,

(b) where the applicant is not an employee, details of the applicant's occupation or service,

(11) Where the application is made on or after the fifth day before the date of the referendum, the application must be signed—

(a) where the applicant is an employee, by—

(i) the applicant's employer, or

(ii) another employee to whom this function is delegated by the employer,

(b) where the applicant is not an employee, by a person who—

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(12) The person who signs the application in accordance with sub-paragraph (11) must certify in the application that the following information is true to the best of the person's knowledge and belief—

(a) the information given in the statement required by sub-paragraph (10), and

(b) the reasons given in the statement required by paragraph 7(4)(c).

(13) That person must also state in the application—

(a) the person's name and address,

(b) if the applicant is an employee, either (as the case may be)—

(i) that the person is the applicant's employer, or

(ii) the position that the person holds in the employment of the applicant's employer,

(i) is aged 16 or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(14) For the purposes of this paragraph—

(a) a person (“A”) is related to another person (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B,

(b) a person is registered as a service voter if the person has made a service declaration under section 15 of the 1983 Act and is registered in the register of local government electors in pursuance of it.

(15) For the purposes of sub-paragraphs (5) and (11), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(d) a day appointed for public thanksgiving or mourning.

Grant or refusal of applications

9

(1) This paragraph applies in relation to applications under paragraph 3, 5(9) or 6(6) or (8).

(2) Where the registration officer grants an application, the officer must notify the applicant.

(3) Where the registration officer refuses an application, the officer must notify the applicant of the decision and of the reason for it.

(4) Where an application under paragraphs 3(2) and 5(9) is granted, the registration officer must, where practicable, notify the voter of—

(a) the appointment of the proxy, and

(b) the name and address of the proxy.

Forms

10

(1) The registration officer must, on request, provide free of charge to any person who satisfies the officer of the person's intention to use the forms in connection with the referendum as many forms for use in connection with—

(a) applications to register as a voter at the referendum, and

(b) applications for an absent vote at the referendum,

as appear to the registration officer to be reasonable in the circumstances.

(2) The forms provided under sub-paragraph (1)(b) are to be in the form prescribed.

Personal identifiers record

11

(1) Each registration officer must keep a record in relation to persons granted applications to which paragraph 7(3) or (4) applies showing—

(a) their dates of birth, and

(b) except in cases where the officer has under paragraph 7(6) dispensed with the requirement for a signature, their signatures.

(2) The registration officer must, as soon as possible after the cut-off date, either—

(a) provide the relevant counting officer with a copy of the information contained in the record, or

(b) give the relevant counting officer access to the information.

(3) A registration officer may disclose information contained in the record to any other registration officer if the registration officer disclosing it thinks that to do so would assist the other registration officer in the carrying out of the other officer's functions.

(4) A counting officer may disclose information contained in the record to any other person if the counting officer thinks that to do so would assist the other person in ascertaining whether postal ballot papers have been returned in accordance with rule 30(4) of the conduct rules.

Marked lists for polling stations

12

To indicate that a voter or a voter's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” is to be placed against the entry of that voter in any list of voters (or any part of a list) provided for a polling station.

Appeals

13

(1) Where an appeal under section 56 of the 1983 Act (registration appeals) is pending when notice of the referendum is given—

(a) the appeal does not prejudice the operation as respects the referendum of the decision appealed against, and

(b) anything done in pursuance of the decision is as good as if no such appeal had been brought and is not affected by the decision on the appeal.

(2) Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an alteration in the register of local government electors is made which takes effect under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act on or before the date of the referendum, sub-paragraph (1) does not apply to the appeal.

PART 2 — Registration

Effect of register

14

(1) A person registered in the register of local government electors or entered in the list of proxies is not to be excluded from voting in the referendum on any of the grounds set out in sub-paragraph (2), but this does not affect the person's liability to any penalty for voting.

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

(a) that the person is not of voting age,

(b) that the person is not or was not at any particular time—

(i) a Commonwealth citizen,

(ii) a citizen of the Republic of Ireland, or

(iii) a relevant citizen of the European Union,

(c) that the person is or was at any particular time otherwise subject to any other legal incapacity to vote in the referendum.

Effect of misdescription

15

No misnomer or inaccurate description of any person or place named—

(a) in the register of local government electors, or

(b) in any list, proxy paper, ballot paper, notice or other document required for the purposes of this Act,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Carrying out of registration functions

16

(1) A registration officer must carry out the registration officer's functions under this Act in accordance with any directions given by the Chief Counting Officer.

(2) Before giving a direction to a registration officer, the Chief Counting Officer must consult the Electoral Commission.

(3) The Chief Counting Officer must not give a direction that is inconsistent with this Act or any other enactment under which a registration officer exercises functions.

(4) Any of the functions of a registration officer under this Act may be carried out by a deputy for the time being approved by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any functions to be carried out by the deputy as they apply to the registration officer.

(5) Each council must assign such officers to assist the registration officer appointed by the council as may be required for carrying out the registration officer's functions under this Act.

Alterations in the register of local government electors

17

(1) An alteration in the register of local government electors under section 13A(2) (alteration of registers) or 56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before the date of the referendum does not have effect for the purposes of the referendum.

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(d) a day appointed for public thanksgiving or mourning.

(3) Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies but as if—

(a) any reference to the appropriate publication date were a reference to the fifth day before the date of the referendum,

(b) any reference to the date of the poll at such an election were a reference to the date of the referendum,

(d) any reference to the prescribed time on the day of the poll were a reference to 9pm on the date of the referendum,

(e) any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine.

(4) Section 13AB of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies, but as if—

(a) the reference in subsection (1)(b) to the relevant election area were a reference to the area for which the registration officer acts,

(b) the reference in subsection (2) to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine,

(4) There are two interim publication dates, which are to be determined by the registration officer. (5) The second interim publication date must be before the appropriate publication date. (6) Before determining the interim publication dates, the registration officer must consult the counting officer.

(d) the reference in subsection (5) to the appropriate publication date were a reference to the fifth day before the date of the referendum,

(e) in subsection (7)—

(i) in paragraph (a), “or 13BC(3) or (6)” were omitted,

(ii) paragraph (b)(ii) were omitted,

(f) subsections (7A), (8), (9) and (10) were omitted.

(5) The Scottish Ministers may by regulations modify sub-paragraph (1), (3)(a) or (4)(d) for the purposes of the referendum.

(6) Regulations under sub-paragraph (5) are subject to the negative procedure.

(7) The Scottish Ministers must consult the Electoral Commission before making regulations under sub-paragraph (5).

The cut-off date

18

(1) In this Act, the cut-off date means—

(a) in relation to an application under paragraph 3(2) or 5(9), 5pm on the sixth day before the date of the referendum,

(b) in any other case, 5pm on the eleventh day before the date of the referendum.

(2) For the purpose of ascertaining the cut-off date, the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Easter Monday,

(d) a day appointed for public thanksgiving or mourning.

PART 3 — Postal voting: issue and receipt of ballot papers

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

19

(1) Without prejudice to sections 20 to 22, no person may be present at the proceedings on the issue of postal ballot papers other than the counting officer and the counting officer's staff.

(2) Without prejudice to sections 20 to 22, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the counting officer and the counting officer's staff,

(b) a referendum agent or any person appointed by a referendum agent to attend in such referendum agent's place,

(3) Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers (“postal ballot agents”).

(4) The number of postal ballot agents that may be appointed under sub-paragraph (3)—

(a) is to be determined by the counting officer, and

(b) is to be the same for each referendum agent.

(5) A referendum agent who appoints postal ballot agents must give the counting officer notice of the appointment no later than the time fixed for the opening of the postal voters box.

(6) If a postal ballot agent dies or becomes unable to perform the agent's functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable.

(7) A notice under sub-paragraph (5) or (6)—

(a) must be given in writing, and

(b) must give the names and addresses of the persons appointed.

(8) In this Part of this schedule, references to postal ballot agents are to agents appointed under sub-paragraph (3) or (6)—

(a) whose appointments have been duly made and notified, and

(b) who are within the number authorised by the counting officer.

(9) Where in this Part of this schedule anything is required or authorised to be done in the presence of postal ballot agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).

Notification of requirement of secrecy

20

The counting officer must make such arrangements as are practicable to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy of sub-paragraphs (7), (9) and (10) of paragraph 7 of schedule 6.

Time when postal ballot papers are to be issued

21

The counting officer is to issue postal ballot papers (and postal voting statements) as soon as practicable.

Issue of postal ballot papers

22

(1) The number of the voter as stated in the register of local government electors must be marked on the corresponding number list, next to the unique identifying number of the ballot paper issued to that voter.

(2) A mark is to be placed in the postal voters list or the proxy postal voters list against the number of the voter to denote that a ballot paper has been issued to the voter or the voter's proxy, but without showing the particular ballot paper issued.

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

(4) Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 24 are to be sent is—

(a) in the case of a voter, the address shown in the postal voters list,

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

(5) Where a person has an anonymous entry in the register of local government electors, the items specified in sub-paragraph (4) are to be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry to the address to which postal ballot papers should be sent—

(a) as shown in the record of anonymous entries, or

(b) as given in pursuance of an application made under paragraph 3(1) or (5) or 6(6) or (8).

Refusal to issue postal ballot paper

23

Where a counting officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same voter, the counting officer may not issue more than one ballot paper in respect of that voter.

Envelopes

24

(1) The envelope which the counting officer is required by rule 8(1) of the conduct rules to issue to a postal voter is to be marked with the letter “B”.

(2) The counting officer must also issue to a postal voter a smaller envelope which is to be marked with—

(a) the letter “A”,

(b) the words “ballot paper envelope”, and

Sealing up of completed corresponding number lists and security of special lists

25

(1) As soon as practicable after the issue of each batch of postal ballot papers, the counting officer must make up into a packet the completed corresponding number lists for those ballot papers which have been issued and must seal that packet.

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