Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

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

PDF Download

articles Not indexed

Reform history JSON API

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

(b) the envelopes supplied for their return.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2), the counting officer must issue another postal ballot paper except where those documents are received after 5pm on the date of the referendum.

(4) Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2) after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter returns the documents by hand.

(5) The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (3) as they apply in relation to a ballot paper—

(a) paragraph 22 (except sub-paragraph (2)),

(b) paragraphs 24 and 25, and

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

(7) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (6), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(8) Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter.

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

(a) the name and number of the postal voter as stated in the register of local government electors (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone),

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

Lost postal ballot papers

28

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

(a) the postal ballot paper (a “lost postal ballot paper”),

(b) the postal voting statement, or

the postal voter may apply (whether or not in person) to the counting officer for a replacement ballot paper.

(2) An application under sub-paragraph (1) must include evidence of the postal voter's identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return any of the documents referred to in sub-paragraph (1)(a) to (c) which the postal voter has received and which have not been lost.

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

(5) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (4), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(6) Subject to sub-paragraphs (7) and (8), where the application referred to in sub-paragraph (1) is received by the counting officer before 5pm on the date of the referendum and the counting officer—

(a) is satisfied as to the postal voter's identity, and

(b) has no reason to doubt that the postal voter has either lost or has not received a document referred to in sub-paragraph (1)(a) to (c),

the counting officer must issue another postal ballot paper.

(7) Where the application referred to in sub-paragraph (1) is received by the counting officer after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter applies in person.

(8) The counting officer may refuse to issue another postal ballot paper if the officer considers that it is reasonable for the voter to allow further time for the delivery of the documents referred to in sub-paragraph (1).

(9) The counting officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a) the name and number of the postal voter as stated in the register of local government electors (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone),

(b) the number of the lost postal ballot paper and of its replacement issued under this paragraph, and

(10) The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (6) as they apply in relation to a ballot paper—

(a) paragraph 22 (except sub-paragraph (2)),

(b) paragraphs 24 and 25, and

(11) Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter.

(12) Where the counting officer issues another postal ballot paper under sub-paragraph (6), the lost postal ballot paper is void and of no effect.

Superseded postal ballot papers

29

(1) This paragraph applies where—

(a) an event mentioned in sub-paragraph (2) occurs in relation to a voter or a voter's proxy, and

(b) the documents mentioned in sub-paragraph (3) have previously been issued to the voter or, as the case may be, proxy.

(2) The events are—

(a) an application by the voter is granted under paragraph 3(2), (5), (6) or (7),

(b) the voter is removed from the postal voters list,

(c) the appointment of the proxy to vote for the voter in the referendum is cancelled, or ceases to have effect, by virtue of paragraph 5(11),

(d) the proxy is removed from the proxy postal voters list,

(e) an application by the proxy is granted under paragraph 6(8).

(3) The documents are—

(a) a postal ballot paper (a “superseded postal ballot paper”),

(b) a postal voting statement,

(4) The registration officer must notify the counting officer of the occurrence of the event.

(5) The superseded postal ballot paper is void and of no effect.

(6) The counting officer must issue a replacement postal ballot paper where an application is granted under paragraph 3(5) or 6(8).

(7) The voter or, as the case may be, proxy must return the documents mentioned in sub-paragraph (3).

(8) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (7) must be immediately cancelled.

(9) The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (8), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(10) The counting officer must enter in a list kept for the purpose (“the list of superseded postal ballot papers”)—

(a) the name and number of the voter as stated in the register of local government electors (or, in the case of a voter who has an anonymous entry, the voter's voter number alone),

(b) the number of the superseded postal ballot paper,

(d) where the superseded postal ballot paper was issued to a proxy, the name and address of the proxy.

Notice of opening of postal ballot paper envelopes

30

(1) The counting officer must give to each of the referendum agents appointed for the area not less than 48 hours' notice in writing of each occasion on which a postal voters box and the envelopes contained in it are to be opened.

(2) That notice must specify—

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

(b) the number of postal ballot agents that may be appointed to attend each opening.

Boxes and receptacles

31

(1) The counting officer must provide a separate box for the reception of—

(a) the covering envelopes when returned by the postal voters, and

(b) postal ballot papers.

(2) Each such box must be marked “postal voters box” or “postal ballot box” (as the case may be) and with the name of the local government area.

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

(4) The counting officer must then—

(a) lock the postal ballot box,

(b) apply the counting officer's seal in such manner as to prevent the box being opened without breaking the seal, and

(5) The counting officer must provide separate receptacles for—

(a) rejected votes,

(b) ballot paper envelopes,

(d) rejected votes (verification procedure), and

(e) postal voting statements (verification procedure).

(6) The counting officer must take proper precautions for the safe custody of every box and receptacle referred to in this paragraph.

Receipt of covering envelopes and collection of postal votes

32

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

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

(a) has been opened, and

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

the envelope, together with its contents, is to be placed in a postal voters box.

(3) The counting officer may collect (or arrange to be collected) any postal ballot paper or postal voting statement which by virtue of rule 28(2)(g) of the conduct rules the presiding officer of a polling station would otherwise be required to deliver (or arrange to be delivered) to the counting officer.

(4) Where the counting officer collects (or arranges to be collected) any postal ballot paper or postal voting statement in accordance with sub-paragraph (3), the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer's seal and the seal of any postal ballot agent present who wishes to affix the agent's seal.

Opening of postal voters box

33

(1) Each postal voters box must be opened by the counting officer in the presence of any postal ballot agents who are present.

(2) So long as the counting officer ensures that there is at least one sealed postal voters box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters boxes may be opened by the counting officer.

(3) The last postal voters box and the postal ballot box must be opened at the counting of the votes under rule 30 of the conduct rules.

Opening of covering envelopes

34

(1) When a postal voters box is opened, the counting officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 32(2)).

(2) The counting officer must open separately each covering envelope (including an envelope described in paragraph 32(2)).

(3) The procedure in paragraph 36 applies where a covering envelope (including an envelope to which paragraph 32(2) applies) contains both—

(a) a postal voting statement, and

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

(4) Where the covering envelope does not contain the postal voting statement separately, the counting officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

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

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

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

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

(6) In carrying out the procedures in this paragraph and paragraphs 36 to 40, the counting officer and the counting officer's staff—

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

(b) must not look at the corresponding number list used at the issue of postal ballot papers.

(7) Where an envelope opened in accordance with sub-paragraph (2) contains a postal voting statement, the counting officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned.

(8) A mark made under sub-paragraph (7) must be distinguishable from and must not obscure the mark made under paragraph 22(2).

(9) As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (7) and must seal that packet.

Confirmation of receipt of postal voting statement

35

(1) A voter or a voter's proxy who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 22 and the close of the poll, that the counting officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned, and

(b) whether the number of the ballot paper issued to the voter or the voter's proxy has been recorded on either of the lists of provisionally rejected postal ballot papers kept by the counting officer under sub-paragraphs (2) and (3) of paragraph 39.

(2) Where a request is received in accordance with sub-paragraph (1) the counting officer must, if satisfied that the request has been made by the voter or the voter's proxy, provide confirmation of the matters mentioned in sub-paragraph (1).

Procedure in relation to postal voting statements: personal identifier verification

36

(1) This paragraph applies in the circumstances described in paragraph 34(3).

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

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

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

(a) show it to the postal ballot agents,

(b) permit the agents to view the entries in the personal identifiers record relating to the person to whom the postal ballot paper was addressed, and

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

(6) Where—

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

(b) that envelope has no number on it,

the counting officer must open the envelope.

(7) Sub-paragraph (8) applies where—

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

(b) the ballot paper envelope has been opened under paragraph 34(4) or sub-paragraph (6).

(8) The counting officer must place—

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

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

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and

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

Opening of ballot paper envelopes

37

(1) The counting officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same as the number on the ballot paper envelope,

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

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which is to be marked “provisionally rejected” because it does not contain a postal ballot paper.

Retrieval of cancelled postal ballot papers

38

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

(a) in a postal voters box,

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

the counting officer must proceed as set out in sub-paragraphs (2) and (3).

(2) The counting officer must on the next occasion on which a postal voters box is opened in accordance with paragraph 33, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled postal ballot paper,

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

(c) retrieve the postal voting statement that relates to a cancelled paper from the receptacle for postal voting statements (verification procedure),

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

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for in paragraph 27(7), and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 30 of the conduct rules, seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled postal ballot paper in accordance with sub-paragraph (2), the counting officer and the counting officer's staff—

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

(b) must not look at the corresponding number list used at the issue of postal ballot papers.

Lists of provisionally rejected postal ballot papers

39

(1) The counting officer must keep two separate lists of provisionally rejected postal ballot papers.

(2) In the first list, the counting officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

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

Checking of lists kept under paragraph 39

40

(1) Where the counting officer receives a valid postal voting statement without the postal ballot paper to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 39(2) to see whether the number of any postal ballot paper to which the statement relates is entered in the list.

(2) Where the counting officer receives a postal ballot paper without the postal voting statement to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 39(3) to see whether the number of the postal ballot paper is entered in the list.

(3) The counting officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt, under rule 28(1)(d) of the conduct rules, of packets from every polling station in the local government area.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or (as the case may be) the postal ballot paper, the counting officer must retrieve that statement or paper.

(5) The counting officer must then take the appropriate steps under this Part of this schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Sealing of receptacles

41

(1) As soon as practicable after the completion of the procedure under paragraph 40(3) and (4), the counting officer must make up into separate packets the contents of—

(a) the receptacle for rejected votes,

(b) the receptacle for rejected ballot paper envelopes,

(d) the receptacle for rejected votes (verification procedure), and

(e) the receptacle for postal voting statements (verification procedure),

and must seal up such packets.

(2) Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.

Forwarding of documents

42

(1) The counting officer must, at the same time as sending the documents mentioned in rule 37 of the conduct rules, send to the proper officer of the council for the local government area in which the votes being counted have been cast—

(a) any packets referred to in paragraphs 25, 27(7), 28(5), 29(9), 34(9), 38(2)(e) and 41, endorsing on each packet a description of its contents and the date of the referendum, and

(b) a completed statement giving details of postal ballot papers issued, received, counted and rejected in the form prescribed.

(2) Where—

(a) any covering envelopes are received by the counting officer after the close of the poll (apart from those delivered in accordance with the provisions of rule 28 of the conduct rules),

(b) any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or

the counting officer must put them unopened in a separate packet, seal up that packet and endorse and send it at a subsequent date in the manner described in sub-paragraph (1).

(3) Rules 38 and 40 of the conduct rules apply to any packet or document sent under this paragraph as they apply for the purposes of the documents referred to in those rules.

(4) A copy of the statement referred to in sub-paragraph (1)(b) is to be provided by the counting officer to the Electoral Commission.

Power of Chief Counting Officer to prescribe

43

(1) In paragraphs 10(2) and 42(1)(b), “prescribed” means prescribed by the Chief Counting Officer.

(2) Where a form is so prescribed, the form may be used with such variations as the circumstances may require.

Interpretation of Part

44

In this Part—

“postal ballot paper” means a ballot paper issued, or to be issued, to a postal voter,

“postal voter” means a voter or a voter's proxy who is entitled to vote by post.

PART 4 — Supply of register of local government electors etc.

Supply of free copy of register of local government electors etc. to counting officers

45

(1) Each registration officer must, at the request of the relevant counting officer, supply free of charge to the counting officer as many printed copies of—

(a) the latest version of the register of local government electors,

(b) any notice setting out an alteration to the register of local government electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act, and

as the counting officer may reasonably require for the purposes of the referendum.

(2) Each registration officer must, as soon as practicable, supply free of charge to the relevant counting officer as many printed copies of—

(a) the postal voters list,

(b) the list of proxies, and

as the counting officer may reasonably require for the purposes of the referendum.

(3) If, after supplying copies of the register of local government electors and notices in accordance with sub-paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-paragraph are issued by a registration officer, the registration officer must, as soon as practicable after issuing the notices, supply the relevant counting officer with as many printed copies as the counting officer may reasonably require for the purposes of the referendum.

(4) The duty under sub-paragraph (1) to supply as many printed copies of the register of local government electors and notices as the counting officer may reasonably require includes a duty to supply up to two copies in data form.

(5) No person to whom a copy of a document has been supplied under this paragraph may, except for the purposes of the referendum—

(a) supply a copy of the document,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

Supply of free copy of register of local government electors etc. to Electoral Commission

46

(1) Each registration officer must supply free of charge to the Electoral Commission one copy of—

(a) the latest version of the register of local government electors,

(b) any notice setting out an alteration of the register of local government electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act,

(d) the list of proxies, and

(e) the proxy postal voters list.

(2) The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the Commission have, prior to the supply, requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any person employed by the Commission may—

(a) supply a copy of any document supplied under sub-paragraph (1) otherwise than to another Electoral Commissioner or another such person,

(b) disclose any information contained in any such document otherwise than in accordance with sub-paragraph (5) below,

(c) make use of any such information otherwise than in connection with the Commissioner's or the person's functions under, or by virtue of, this Act.

(4) In sub-paragraph (3), “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(5) A document supplied under sub-paragraph (1), or any information contained in it, may not be disclosed otherwise than—

(a) where necessary to carry out the Commission's functions under this Act in relation to permissible donors,

(b) by publishing information about voters which does not include the name or address of any voter.

(6) A registration officer must, at the request of the Electoral Commission, supply free of charge to the Commission a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so.

(7) Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1).

Supply of free copy of register of local government electors etc. to permitted participants

47

(1) If a permitted participant so requests, the registration officer must supply free of charge to the participant one copy of—

(a) the full, latest version of the register of local government electors published under section 13(1) or (3) of the 1983 Act,

(b) any notice setting out an alteration of that version of the register issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13AB(2) of that Act, or

(iii) section 13B(3), (3B) or (3D) of that Act,

(c) the postal voters list kept by the officer under paragraph 5(2) of schedule 4 (absent voting at parliamentary and local government elections) of the Representation of the People Act 2000,

(d) the list of proxies kept by the officer under paragraph 5(3) of that schedule, and

(e) the proxy postal voters list kept by the officer under paragraph 7(8) of that schedule.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and

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

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form.

(4) No person employed by, or assisting (whether or not for reward) a permitted participant to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (5)—

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or

(5) The purposes are—

(a) purposes in connection with the campaign in respect of the outcome identified in the declaration made by the permitted participant under paragraph 2 of schedule 3, and

(b) the purposes of complying with the controls on donations and regulated transactions in that schedule.

(6) A registration officer may, at the request of a permitted participant, supply free of charge to the permitted participant a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so.

(7) Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1).

Dates of birth to be omitted from copies of register supplied

48

A copy of the register of local government electors supplied under paragraph 45, 46 or 47 is to contain the same information as in the register except that, in the case of an entry relating to a person aged 16 or 17, the date on which the person will attain the age of 18 is to be omitted.

Supply of data

49

A duty of a registration officer to supply data under this Part of this schedule is a duty only to supply the data in—

(a) the form in which the officer holds it, or

(b) such form as may be agreed between the registration officer and the recipient of the data.

General restriction on use of registration documents and information contained in them

50

(1) This paragraph applies to—

(a) any person to whom a copy of a registration document is supplied under any enactment other than paragraphs 45 to 47,

(b) any person to whom information contained in a registration document has been disclosed,

(c) any person to whom a person referred to in paragraph (a) or (b) has supplied a copy of a registration document or information contained in it, and

(d) any person who has obtained access to a copy of a registration document or information contained in it by any other means.

(2) No person to whom this paragraph applies may, except for the purposes of the referendum—

(a) supply a copy of a registration document,

(b) disclose any information contained in a registration document (that is not also contained in the edited version of the register of local government electors), or

(3) In this paragraph, “registration document” means a document referred to in paragraph 45(1) and (2).

Offence in relation to disclosure of registration documents

51

(1) A person (“A”) commits an offence—

(a) if A contravenes any of paragraphs 45(5), 46(3) or (5), 47(4) or 50(2), or

(b) if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps.

(2) B does not commit an offence under sub-paragraph (1) if—

(a) B has an appropriate supervisor, and

(b) B complied with all the requirements imposed on B by the appropriate supervisor.

(3) A does not commit an offence under sub-paragraph (1) if—

(a) A is not, and does not have, an appropriate supervisor, and

(b) A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a).

(4) In this paragraph—

“appropriate supervisor” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is,

“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 practicable, any contravention of a provision specified in sub-paragraph (1)(a).

(5) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Destruction of copies of the register of local government electors etc.

52

(1) This paragraph applies to any person holding a copy of a document supplied under paragraph 45 or 47.

(2) The person must ensure that the document is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal.

(3) A person who fails to comply with sub-paragraph (2) commits an offence.

(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 5 — Supply of marked register of local government electors etc.

Supply of marked register of local government electors etc. to designated organisations

53

(1) A designated organisation may request that a counting officer supply the organisation with copies of—

(a) the marked copy of the register of local government electors,

(b) the marked copy of any notice setting out an alteration of the register of local government electors issued under section 13B(3B) or (3D) of the 1983 Act,

(d) the marked copy of the list of proxies, and

(e) the marked copy of the proxy postal voters list.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(d) state the purposes for which the documents will be used and why the supply of the unmarked copies of the documents would not be sufficient to achieve those purposes.

(3) Where a request is duly made by a designated organisation under sub-paragraph (1), the counting officer must supply the documents requested if—

(a) the officer is satisfied that the organisation needs to see the marks on the marked copies of the documents in order to achieve the purpose for which they are requested, and

(b) the officer has received payment of a fee calculated in accordance with paragraph 54.

(4) A designated organisation that obtains a copy of any document referred to in sub-paragraph (1) may use it—

(a) only for—

(i) purposes in connection with the campaign in respect of the outcome identified in the declaration made by the organisation under paragraph 2 of schedule 3, or

(ii) the purposes of complying with the controls on donations and regulated transactions in that schedule, and

(b) subject to any conditions that would apply to the use of the unmarked copies of the documents by virtue of paragraph 47.

(5) Where a person (“A”) has been supplied with a copy of a document referred to in sub-paragraph (1), or information contained in such a document, by a person (“B”) to whom paragraph 47(4) applies, the restrictions in that paragraph also apply to A as they apply to B.

(6) A designated organisation may—

(a) supply a copy of a document referred to in sub-paragraph (1) to a processor for the purpose of processing the information contained in it, or

(b) procure that a processor processes and supplies to the organisation any copy of the information in such a document that the processor has obtained under this paragraph,

for use in respect of the purposes for which the designated organisation is entitled to obtain such document or information.

(7) A duty of a counting officer to supply data under this paragraph is a duty only to supply the data in—

(a) the form in which the officer holds it, or

(b) such form as may be agreed between the counting officer and the recipient of the data.

(8) Paragraph 52 applies to a person holding a copy of a document supplied under this paragraph as it applies to a person holding a copy of any document supplied under paragraph 45 or 47 (and the reference in paragraph 52(2) to the document is to be construed accordingly).

(9) In sub-paragraph (6), “processor” means a person who provides a service which consists of putting information into data form and includes an employee of such a person.

(10) In this Act, “marked copy” means—

(a) in relation to the register of local government electors, the copy marked as mentioned in rule 21(2)(c) of the conduct rules,

(b) in relation to a notice issued under section 13B(3B) or (3D) of the 1983 Act, the copy marked as mentioned in that rule as modified by rule 21(4),

(d) in relation to the postal voters list or proxy postal voters list, the copy marked as mentioned in paragraph 22(2) of this schedule.

Fee for supply of marked register of local government electors etc.

54

(1) The fee to be paid in accordance with sub-paragraph (3)(b) of paragraph 53 by a designated organisation requesting the supply of a document referred to in sub-paragraph (1) of that paragraph is set out in sub-paragraph (2).

(2) The fee is £10 plus—

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

(b) for a copy 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 a document in both printed and data form may be treated as two separate requests.

SCHEDULE 2

Publication of notice of the referendum

1

(1) The counting officer must publish notice of the referendum not later than the twenty-fifth day before the date of the referendum.

(2) For the purposes of 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) The notice must—

(a) be in the form prescribed, and

(b) set out—

(i) the date of the referendum,

(ii) the hours of polling,

(iii) a description of who is entitled to vote at each polling station, and

(iv) the situation of each polling station in the local government area.

(4) The notice must also state the day by which—

(a) applications to register to vote,

(b) applications to vote by post or by proxy,

must reach the registration officer in order that they may be effective for the referendum.

(5) As soon as practicable after publishing the notice under paragraph (1), the counting officer must give a copy of it to each of the referendum agents appointed for the area.

Hours of polling

2

The hours of polling are between 7am and 10pm.

The ballot

3

(1) The votes at the referendum are to be given by ballot.

(2) The ballot of every voter consists of a ballot paper.

(3) The ballot paper is to be of the prescribed colour.

Printing of ballot papers

4

The counting officer must arrange for the printing of the ballot papers for the counting officer's area unless the Chief Counting Officer takes responsibility for doing so.

The corresponding number list

5

(1) The counting officer must prepare a list (the “corresponding number list”) which complies with paragraph (2).

(2) The corresponding number list must—

(a) contain the unique identifying numbers of all ballot papers to be issued in accordance with rule 8(1) or provided in accordance with rule 13(1), and

(b) be in the form prescribed.

Security marking

6

(1) Every ballot paper must bear or contain—

(a) an official mark on the front of the ballot paper, and

(b) a unique identifying number on the back of the ballot paper.

(2) The counting officer may use a different official mark for ballot papers issued for the purpose of voting by post from the official mark used for ballot papers issued for the purpose of voting in person.

(3) The counting officer may use a different official mark for different purposes.

(4) The official mark must be kept secret.

Use of schools and public rooms for polling and counting votes

7

(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a suitable room in the premises of a school to which this rule applies in accordance with paragraph (2), and

(b) any meeting room to which this rule applies in accordance with paragraph (3).

(2) This rule applies to any school maintained by an education authority.

(3) This rule applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by—

(a) the Scottish Ministers or any other part of the Scottish Administration, or

(b) any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(4) The counting officer—

(a) must pay any expenses incurred in preparing, warming, lighting and cleaning the room and restoring the room to its usual condition after use for the referendum, and

(b) must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises by reason of its being used for the purposes of taking the poll or counting the votes.

(5) For the purposes of this rule (except those of paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling.

(6) In this rule—

“dwelling” includes any part of a building where that part is occupied separately as a dwelling,

“meeting room” means any room which it is the practice to let for public meetings,

“room” includes a hall, gallery or gymnasium.

Postal ballot papers

8

(1) The counting officer must issue to those entitled to vote by post—

(a) a ballot paper,

(b) a postal voting statement in the form prescribed, and

(2) The counting officer must also, as soon as practicable, issue to those entitled to vote by post information about how to obtain—

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

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

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

Provision of polling stations

9

(1) The counting officer must—

(a) provide a sufficient number of polling stations, and

(b) allot the voters to the polling stations.

(2) One or more polling stations may be provided in the same room.

(3) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

10

(1) The counting officer must appoint and pay—

(a) a presiding officer to attend at each polling station, and

(b) such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer must not knowingly appoint any person who is or has been involved in campaigning for a particular outcome in the referendum.

(3) The counting officer may preside at a polling station and the provisions of these rules relating to a presiding officer apply to a counting officer who so presides with the necessary modifications as to things done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(4) A presiding officer may authorise a clerk appointed under paragraph (1)(b) to do any act which the presiding officer is required or authorised by these rules to do at a polling station, except ordering the removal and exclusion of any person from the polling station.

Issue of poll cards

11

(1) The counting officer must, as soon as practicable after publishing the notice of the referendum under rule 1, send to voters whichever of the following is appropriate—

(a) an official poll card,

(b) an official postal poll card,

(d) an official postal poll card issued to the proxy of a voter.

(2) A voter's official poll card is to be sent or delivered to the voter's qualifying address.

(3) A voter's official postal poll card is to be sent or delivered to the address to which the voter has stated that the ballot paper is to be sent.

(4) A proxy's official poll card or official postal poll card is to be sent or delivered to the proxy's address as shown in the list of proxies.

(5) The cards mentioned in paragraph (1) are to be in the form prescribed.

(6) The cards must set out—

(a) the voter's name, qualifying address and number in the register of local government electors (unless the voter has an anonymous entry),

(b) the date of the referendum,

(d) the situation of the polling station allotted to the voter under rule 9(1)(b) (in the case of the cards mentioned in paragraph (1)(a) and (c)).

(7) Where a poll card is sent to a voter who has appointed a proxy, the card must also notify the voter of the appointment of the proxy.

(8) In the case of a voter who has an anonymous entry, the card must 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.

Loan of equipment for referendum

12

(1) A council must, if requested to do so by a counting officer, loan to the counting officer any ballot boxes, fittings and compartments provided by or belonging to the council.

(2) Paragraph (1) does not apply if the council requires the equipment for immediate use by that council.

(3) A loan under paragraph (1) is to be on such terms and conditions as the council and the counting officer may agree.

Equipment of polling stations

13

(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as the counting officer considers necessary.

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

(3) The counting officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the register of local government electors or such part of it as contains the entries relating to the voters allotted to the station,

(c) the parts of any lists of persons entitled to vote by post or by proxy prepared for the referendum corresponding to the register of local government electors or the part of it provided under sub-paragraph (b),

(d) copies of forms of declarations and other documents required for the purpose of the poll, and

(e) the part of the corresponding number list which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of local government electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register of local government electors.

(5) A notice giving directions for the guidance of voters in voting is to be displayed—

(a) inside and outside every polling station, and

(b) in every compartment of every polling station.

(6) The notice under paragraph (5) is to be in the form prescribed.

(7) The counting officer must also provide each polling station with—

(a) an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially-sighted, and

(b) a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion.

(8) The counting officer may cause to be displayed at every polling station an enlarged sample copy of the ballot paper and may include a translation of it into such other languages as the counting officer considers appropriate.

(9) The sample copy mentioned in paragraphs (7)(a) and (8) must be clearly marked as a specimen provided only for the guidance of voters in voting.

Appointment of polling and counting agents

14

(1) A referendum agent may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation,

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

(2) The counting officer may limit the number of counting agents that may be appointed, so long as—

(a) the number that may be appointed by each referendum agent is the same, and

(b) the number that may be appointed by each referendum agent is not less than the number obtained by dividing the number of clerks employed on the counting by the number of referendum agents.

(3) For the purposes of paragraph (2)(b), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them.

(4) A referendum agent who appoints a polling or counting agent must give the counting officer notice of the appointment no later than the fifth day before the date of the referendum.

(5) For the purposes of paragraph (4), 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.

(6) If a polling agent or counting 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 paragraph (4) or (6)—

(a) must be given in writing,

(b) must give the name and address of the person appointed,

(d) in the case of a counting agent, must set out which counts the agent may attend.

(8) In schedule 1 and these conduct rules, references to polling agents and counting agents are to agents appointed under paragraph (1) or (6)—

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

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

(9) Any notice required to be given to a counting agent by the counting officer may be delivered at, or sent by post to, the address stated in the notice under paragraph (4) or (6).

(10) A referendum agent may do (or assist in doing) anything that a polling or counting agent appointed by that referendum agent is authorised to do.

(11) Anything required or authorised by schedule 1 or these conduct rules to be done in the presence of polling or counting agents may be done instead in the presence of the referendum agent who appointed the polling or counting agents.

(12) Where in schedule 1 or these conduct rules anything is required or authorised to be done in the presence of polling or counting 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).

Admission to polling station

15

(1) No person other than the presiding officer and the persons mentioned in paragraph (2) may attend a polling station.

(2) Those persons are—

(a) voters,

(b) persons under the age of 16 accompanying voters,

(d) the Member of Parliament for the constituency in which the polling station is situated,

(e) the member of the Scottish Parliament for the constituency in which the polling station is situated,

(f) members of the Scottish Parliament for the region in which the polling station is situated,

(g) members of the council for the electoral ward in which the polling station is situated,

(h) members of the European Parliament for the electoral region of Scotland,

(i) the clerks appointed to attend at the polling station,

(j) the Chief Counting Officer and members of the Chief Counting Officer's staff,

(k) the counting officer and members of the counting officer's staff,

(l) constables on duty,

(m) persons entitled to attend by virtue of section 20, 21 or 22,

(n) referendum agents,

(o) polling agents appointed to attend at the polling station, and

(p) any other person the presiding officer permits to attend.

(3) In paragraph (2)(g), “electoral ward” has the meaning given by section 1 of the Local Governance (Scotland) Act 2004.

(4) The presiding officer may regulate the total number of voters and persons under the age of 16 accompanying voters who may be admitted to the polling station at the same time.

(5) Not more than one polling agent is to be admitted at the same time to a polling station on behalf of the same permitted participant.

(6) A constable or a member of the counting officer's staff may only be admitted to vote in person elsewhere than at the polling station allotted under rule 9(1)(b), in accordance with paragraph 1(5) of schedule 1, on production of a certificate which satisfies the requirements set out in paragraph (7).

(7) A certificate must—

(a) be signed by—

(i) in the case of a constable, an officer of police of the rank of inspector or above, or

(ii) in the case of a member of the counting officer's staff, the counting officer, and

(b) be in the form prescribed.

(8) A certificate produced under paragraph (6) must be immediately cancelled.

Notification of requirement of secrecy

16

(1) The counting officer must make such arrangements as are practicable to ensure that—

(a) every person attending at a polling station has been given a copy of the provisions of sub-paragraphs (1), (3), (5), (8), (9) and (10) of paragraph 7 of schedule 6,

(b) every person attending at the counting of the votes has been given a copy of sub-paragraphs (4), (9) and (10) of that paragraph.

(2) Paragraph (1) does not require the provision of that information to—

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

(b) a person under the age of 16 accompanying a voter,

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

Keeping of order at polling station

17

(1) The presiding officer must keep order at the polling station.

(2) If a person—

(a) obstructs the operation of the polling station,

(b) obstructs any voter in polling, or

the presiding officer may order the person to be removed immediately from the polling station.

(3) A person may be removed—

(a) by a constable, or

(b) by the presiding officer.

(4) A person removed under paragraph (2) must not enter the polling station again during that day without the presiding officer's permission.

(5) A person removed under paragraph (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(6) The power to remove a person from the polling station is not to be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

18

(1) Immediately before the commencement of the poll, the presiding officer must—

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

(b) place the presiding officer's seal on each box in such a manner as to prevent it being opened without breaking the seal,

(d) place each box in the presiding officer's view for the receipt of ballot papers.

(2) The presiding officer must ensure that each box remains sealed until the close of the poll.

Questions to be put to voters

19

(1) At the time a voter applies for a ballot paper (but not afterwards), the presiding officer—

(a) must put the questions mentioned in paragraph (2) to the voter if required to do so by a referendum agent or polling agent,

(b) may put the questions mentioned in paragraph (2) to the voter if the presiding officer considers it appropriate to do so.

(2) The questions referred to in paragraph (1) are—

Type of person applying for ballot paper	Questions
1. A person applying as a voter	(a) “Are you the person named in the register of local government electors as follows (read the whole entry from the register of local government electors)?”
1. A person applying as a voter	(b) “Have you already voted in this referendum otherwise than as proxy for some other person?”
2. A person applying as proxy	(a) “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”
2. A person applying as proxy	(b) “Have you already voted in this referendum as proxy on behalf of C.D.?”
2. A person applying as proxy	(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?”
3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2)	(a) “Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of local government electors is (read out the number from the register of local government electors)?”
3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2)	(b) “Have you already voted in this referendum as proxy on behalf of the voter whose number on the register of local government electors is (read out the number from the register of local government electors)?”
3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2)	(c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of local government electors is (read out the number from the register of local government electors)?”
4. A person applying as proxy if the answer to the question at 2(c) or 3(c) is not “yes”	“Have you already voted in this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?”
5. A person applying as a voter in relation to whom there is an entry in the postal voters list	(a) “Did you apply to vote by post?”
5. A person applying as a voter in relation to whom there is an entry in the postal voters list	(b) “Why have you not voted by post?”
6. A person applying as proxy who is named in the proxy postal voters list	(a) “Did you apply to vote by post as proxy?”
6. A person applying as proxy who is named in the proxy postal voters list	(b) “Why have you not voted by post as proxy?”

(3) In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions in entries 1(a) and 3(a), (b) and (c) to the register of local government electors is to be read as a reference to the notice issued under that section.

(4) A ballot paper must not be delivered to any person required to answer a question under this rule unless the person answers the question satisfactorily.

(5) Except as authorised by this rule, no enquiry is permitted as to the right of any person to vote.

Challenge of voter

20

(1) A person is not to be prevented from voting by reason only that—

(a) a referendum agent or polling agent—

(i) has reasonable cause to believe that the person has committed an offence of personation, and

(ii) the agent makes a declaration to that effect, or

(b) the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence.

(2) Paragraph (1) does not affect the person's liability to any penalty for voting.

Voting procedure

21

(1) Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one.

(2) Immediately before delivering the ballot paper to the voter—

(a) the number and (unless paragraph (3) applies) name of the voter as stated in the register of local government electors is to be called out,

(b) the number of the voter is to be marked on the list mentioned in rule 13(3)(e) beside the number of the ballot paper to be delivered to the voter,

(c) a mark is to be placed in the register of local government electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(d) in the case of a person applying for a ballot paper as proxy, a mark is also to be placed against that person's name in the list of proxies.

(3) In the case of a voter who has an anonymous entry, the voter's official poll card must be shown to the presiding officer and only the voter's number is to be called out in pursuance of paragraph (2)(a).

(4) In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) is modified as follows—

(a) in sub-paragraph (a), for “register of local government electors” substitute “ copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”,

(b) in sub-paragraph (c), for “in the register of local government electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”.

(5) On receiving the ballot paper, the voter must without delay—

(a) proceed into a compartment in the polling station,

(b) there secretly mark the voter's ballot paper,

(d) put the ballot paper into the ballot box in the presiding officer's presence.

(6) Where—

(a) a voter attends the polling station before 10pm, and

(b) the voter is still waiting to vote at 10pm,

the presiding officer must permit the voter to vote without delay after 10pm and must close the poll immediately after the last such voter has voted.

(7) The voter must leave the polling station as soon as the voter has put the ballot paper into the ballot box.

Votes marked by presiding officer

22

(1) On the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner required by rule 21, or

(b) who declares orally an inability to read,

the presiding officer must, in the presence of any polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter and the ballot paper to be put into the ballot box.

(2) The name and number in the register of local government electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, is to be entered on a list (the “marked votes list”) and in the case of a person voting as proxy for a voter, the number to be entered is the voter's number.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “in the register of local government electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

Voting by persons with disabilities

23

(1) If a voter applies to the presiding officer to be allowed to vote with the assistance of another person by whom the voter is accompanied (the “companion”), on the ground of—

(a) blindness or other physical disability, or

(b) inability to read,

the presiding officer must require the voter to declare (orally or in writing) whether the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance.

(2) The presiding officer must grant the application if the presiding officer—

(a) is satisfied that the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance, and

(b) is also satisfied, by a declaration made by the companion (a “companion declaration”) which complies with paragraph (3), that the companion—

(i) meets the requirements set out in paragraph (3)(c)(i) or (ii), and

(ii) has not previously assisted more than one voter with disabilities to vote at the referendum.

(3) A companion declaration must—

(a) be in the form prescribed,

(b) be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(i) is a person who is entitled to vote as a voter at the referendum, or

(ii) is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the voter with disabilities, and has attained the age of 16.

(4) The presiding officer must sign the companion declaration and keep it.

(5) No fee or other payment may be charged in respect of the declaration.

(6) A person is a “voter with disabilities” for the purposes of paragraph (2)(b)(ii) if the person has made a declaration mentioned in paragraph (1).

(7) Where an application is granted under paragraph (2), anything which is required by these rules to be done to or by the voter in connection with the giving of that voter's vote may be done to, by, or with the assistance of, the companion.

(8) The name and number in the register of local government electors of every voter whose vote is given in accordance with this rule and the name and address of the companion is to be entered on a list (the “assisted voters list”) and, in the case of a person voting as proxy for a voter, the number to be entered is the voter's number.

(9) Where the voter being assisted by a companion has an anonymous entry, only the voter's number in the register of local government electors is to be entered on the assisted voters list.

(10) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (8) applies as if for “in the register of local government electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

Tendered ballot papers

24

(1) Paragraph (6) applies if any of situations A to D exist.

(2) Situation A exists if a person, claiming to be—

(a) a particular voter named on the register of local government electors and not named in the postal voters list or the list of proxies, or

(b) a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or the voter's proxy.

(3) Situation B exists if—

(a) a person applies for a ballot paper claiming that the person is a particular voter named on the register of local government electors,

(b) the person is also named in the postal voters list, and

(i) no application to vote by post in the referendum was made by that person, or

(ii) the person is not an existing postal voter within the meaning of paragraph 2(2) of schedule 1.

(4) Situation C exists if—

(a) a person applies for a ballot paper claiming that the person is a particular person named as a proxy in the list of proxies,

(b) the person is also named in the proxy postal voters list, and

(i) no application to vote by post as proxy was made by that person, or

(ii) the person is not an existing proxy to whom paragraph 6(4) of schedule 1 applies.

(5) Situation D exists if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a) a person claims that the person is—

(i) a particular voter named on the register of local government electors who is also named in the postal voters list, or

(ii) a particular person named as proxy in the list of proxies who is also named in the proxy postal voters list, and

(b) the person claims that the person has lost or has not received a postal ballot paper.

(6) Where this paragraph applies, the person is entitled, on satisfactorily answering the questions permitted by rule 19 to be asked at the poll, to mark a tendered ballot paper in the same manner as any other voter.

(7) A tendered ballot paper must—

(a) be of a prescribed colour differing from that of the ballot paper issued in accordance with rule 8(1) or provided in accordance with rule 13(1),

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter's number in the register of local government electors, and

(8) The name of the voter and the voter's number in the register of local government electors is to be entered on a list (the “tendered votes list”).

(9) In the case of a person voting as proxy for a voter, the number to be endorsed or entered is to be the voter's number.

(10) This rule applies to a voter who has an anonymous entry subject to the following modifications—

(a) in paragraphs (7)(b) and (8), the references to the voter's name are to be ignored, and

(b) otherwise, a reference to a person named on the register of local government electors or other list is to be construed as a reference to a person whose number appears on the register of local government electors or other list (as the case may be).

(11) This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act as if—

(a) in paragraphs (2)(a), (3)(a) or (5)(a)(i), for “named on the register of local government electors” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued ”, and

(b) in paragraphs (7)(b) and (8), for “the voter's number in the register of local government electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”.

Spoilt ballot papers

25

(1) A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may—

(a) by returning it to the presiding officer, and

(b) proving to the presiding officer's satisfaction the fact of the inadvertence,

obtain another ballot paper in the place of the returned ballot paper (the “spoilt ballot paper”).

(2) The spoilt ballot paper must be immediately cancelled.

Correction of errors on polling day

26

(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the date of the referendum.

(2) The list kept under paragraph (1) is referred to as the “polling day alterations list”.

Adjournment of poll in case of riot

27

(1) Where the proceedings at any polling station are interrupted by riot or open violence, the presiding officer must—

(a) adjourn the proceedings until the following day, and

(b) inform the counting officer without delay.

(2) If the counting officer is informed under paragraph (1)(b), the counting officer must inform the Chief Counting Officer without delay.

(3) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned are to be the same as for the original day, and

(b) references in these rules to the close of the poll are to be construed accordingly.

Procedure on close of poll

28

(1) As soon as practicable after the close of the poll, the presiding officer must—

(a) in the presence of any referendum agents or polling agents, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers,

(b) allow any of those agents present who wishes to affix the agent's seal to do so,

(d) deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to the counting officer to be taken charge of by the counting officer.

(2) The papers referred to in paragraph (1) are—

(a) the unused and spoilt ballot papers (as a single packet),

(b) the tendered ballot papers,

(c) the marked copies of the register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies (as a single packet),

(d) any certificates produced under rule 15(6),

(e) the corresponding number list completed in accordance with rule 21(2)(b) (the “completed corresponding number list”),

(f) the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations list and the companion declarations (as a single packet),

(g) any postal ballot papers or postal voting statements returned to the station.

(3) The marked copies of the register of local government electors and of the list of proxies are to be in one packet but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or the lists mentioned in paragraph (2)(e).

(4) The packets must be accompanied by a statement (the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting for them under the following heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

(5) If the sealed ballot boxes and packets are not delivered to the counting officer by the presiding officer personally, the arrangements for their delivery require the counting officer's approval.

Attendance at counting of votes

29

(1) The counting officer must make arrangements for counting of the votes as soon as practicable after the close of the poll.

(2) In making arrangements, the counting officer must not knowingly appoint or employ any person who has been involved in campaigning for a particular outcome in the referendum.

(3) The counting officer must give notice in writing to the Chief Counting Officer, each of the referendum agents appointed for the area and any counting agents appointed to attend at the count of the time and place at which the counting officer will begin to count the votes.

(4) The counting officer need not begin the counting of the votes in the period from the close of the poll until 9am on the following morning if the officer considers that it would be unreasonable to do so having regard to the time at which the poll closed.

(5) Paragraph (4) is subject to any direction given by the Chief Counting Officer under section 9(6).

(6) The counting officer must take proper precautions for the security of the ballot boxes and packets in the period between taking charge of them and the beginning of the count.

(7) No person other than the persons mentioned in paragraph (8) may attend the counting of the votes.

(8) Those persons are—

(a) the Member of Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast,

(b) the member of the Scottish Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast,

(c) members of the Scottish Parliament for any region which contains all or part of the area in which the votes being counted have been cast,

(d) members of the council for any local government area which contains all or part of the area in which the votes being counted have been cast,

(e) members of the European Parliament for the electoral region of Scotland,

(f) the Chief Counting Officer and members of the Chief Counting Officer's staff,

(g) a counting officer and members of a counting officer's staff,

(h) constables on duty,

(i) persons entitled to attend by virtue of section 20,

(j) persons entitled to attend by virtue of section 21 or 22,

(k) referendum agents,

(l) counting agents appointed to attend at the count, and

(m) any other person the counting officer permits to attend.

(9) The counting officer may exclude a person from the counting of the votes if the counting officer considers that the efficient counting of the votes would be impeded by that person attending the counting of the votes.

(10) Paragraph (9) does not permit the counting officer to exclude the persons mentioned in paragraph (8)(f) or (i).

(11) The counting officer may limit the number of counting agents who are permitted to be present at the counting of the votes on behalf of a permitted participant, but the same limit is to apply to each permitted participant.

(12) The counting officer must give any counting agents such reasonable facilities for overseeing the proceedings and such information with respect to the proceedings as the counting officer can give consistently with the orderly conduct of the proceedings and the carrying out of the counting officer's functions in connection with them.

(13) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

30

(1) The counting officer must—

(a) in the presence of the counting agents, open each ballot box and count and record the number of ballot papers in it, checking the number against the ballot paper account,

(b) verify each ballot paper account in the presence of any referendum agents, and

(2) For the purposes of paragraph (1)(b), a counting officer must—

(a) verify the ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the counting officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list), and

(b) prepare a statement as to the result of the verification (the “verification statement”).

(3) The counting officer must, on the request of any counting agent present at the verification, supply a copy of the verification statement to the counting agent.

(4) For the purposes of paragraph (1)(c), a postal ballot paper is not to be considered as having been duly returned unless it—

(a) is returned—

(i) by hand to a polling station in the same local government area, or

(ii) by hand or post to the counting officer,

before the close of the poll, and

(b) is accompanied by a postal voting statement which—

(i) is duly signed (unless the requirement for signature has been dispensed with in accordance with paragraph 7(6) of schedule 1), and

(ii) states the date of birth of the voter or the voter's proxy.

(5) The counting officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with ballot papers from at least one other ballot box.

(6) The counting officer must not count any tendered ballot paper.

(7) The counting officer must not count any postal ballot paper if, having taken steps to verify the signature and date of birth of the voter or the voter's proxy, the counting officer is not satisfied that the postal voting statement has been properly completed.

(8) The counting officer, while counting and recording the number of ballot papers and counting the votes, must take all proper precautions for preventing any person from identifying the voter who cast the vote.

(9) The counting officer must, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshment, but the counting officer may suspend counting between 7pm on any day following the date of the referendum and 9am on the following morning.

(10) During any period when counting is suspended, the counting officer must take proper precautions for the security of the papers.

Rejected ballot papers

31

(1) Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3).

(2) This paragraph applies to a ballot paper—

(a) which does not bear the official mark,

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

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