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The Scottish Parliament (Elections etc.) Order 2015

Type Scottish-Statutory-Instrument

Publication 2015-12-15

Last updated 2025-12-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 15th December 2015

Coming into force in accordance with article 1(1)

In accordance with section 115 of, and Schedule 7 to, the Scotland Act 1998[^f00004], a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

PART 1 — GENERAL

Citation, commencement and transitional provision

1

(1) This Order may be cited as the Scottish Parliament (Elections etc.) Order 2015 and comes into force on the day after the day on which it is made.

(2) This Order has no effect for the purposes of any election for which the date of poll is on or before 4th April 2016.

Interpretation

2

(1) In this Order, except where the context otherwise requires—

“the 1983 Act” means the Representation of the People Act 1983[^f00005];

“the 1998 Act” means the Scotland Act 1998[^f00006];

“the 2000 Act” means the Representation of the People Act 2000[^f00007];

“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 2000[^f00008];

“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 2001[^f00009];

“the 2006 Act” means the Electoral Administration Act 2006[^f00010];

“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;

“anonymous entry”, in relation to the register of electors, shall be construed in accordance with section 9B of the 1983 Act[^f00011] (anonymous registration);

“appropriate returning officer” means—in relation to a candidate for return as a constituency member (or to an election agent or sub-agent for such a candidate), the CRO for that constituency; andin relation to an individual candidate for return as a regional member or to a registered party submitting a regional list for a particular region (or to an election agent or sub-agent for such a candidate or such a registered party), the RRO for that region;

“ballot paper”, in relation to a general election for membership of the Scottish Parliament, shall be construed as a reference to both the constituency ballot paper and the regional ballot paper;

“CRO” means the officer who, in accordance with article 14, is the constituency returning officer for a Scottish parliamentary election in a constituency;

“disability”, in relation to doing a thing, includes a short term inability to do it;

“entitlement as an elector to an absent vote” shall be construed in accordance with article 7(8);

“ERO” means an electoral registration officer within the meaning of the 1983 Act[^f00013];

“list of proxies” means the list of persons kept in pursuance of article 9(5)(b);

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00014];

“nominating officer” means the person registered under the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;

“of voting age” means 16 years of age or over;

“ordinary local government election” means an ordinary election of councillors for local government areas;

“polling register” means—the document provided by an ERO under paragraph 1(3) of Schedule 1 including any notices issued under sections 13AB(2), or 13B(3B) or (3D) of the 1983 Act[^f00015] (alteration of registers) after that document was produced; orwhere no such document has been provided, the register of electors, including copies of any notices issued under sections 13A(2), 13AB(2), or 13B(3), (3B) or (3D) of the 1983 Act[^f00016] (alteration of registers) in respect of alterations to the register; and, where a notice has been so issued, any reference to an entry, name or number stated in the polling register is to be taken to be a reference to the entry, name or number stated in that notice;

“postal ballot box” means the ballot box referred to in paragraph 17(1)(b) of Schedule 4;

“the postal voters list” means the list of persons kept in pursuance of article 9(5)(a), showing persons whose applications to vote by post have been granted;

“the proxy postal voters list” means the list of persons kept in pursuance of article 11(7);

“qualifying foreign national” has the same meaning as in section 202(1) of the 1983 Act;

“record of anonymous entries” means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act[^f00017];

“RRO” means a regional returning officer for the purposes of the 1998 Act[^f00018];

“register of electors” means the register of local government electors maintained under section 9(1)(b) of the 1983 Act;

“registered emblem” means an emblem registered by a political party under section 29(2) of the 2000 Political Parties Act[^f00019];

“registered party” means a party registered under section 28(4) of the 2000 Political Parties Act[^f00020];

“Scottish parliamentary election” means an election for membership of the Scottish Parliament and “Scottish parliamentary general election” shall be construed accordingly;

“Scottish Parliamentary Election Rules” means the rules set out in Schedule 2; and

“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act[^f00021] and is registered or entitled to be registered in pursuance of it;

“universal postal service provider” means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011[^f00022] (regulation of postal services).

(2) For the purposes of this Order, a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his or her birth.

PART 2 — THE FRANCHISE AND ITS EXERCISE

Supply of electoral registers

3

Schedule 1 (which makes provision in connection with supply of electoral registers) has effect.

Absent voting appeals

4

(1) An appeal lies to the sheriff from any decision under this Order of the ERO disallowing a person’s application to vote—

(a) by proxy or by post as elector; or

(b) by post as proxy,

in any case where the application is not made for a particular Scottish parliamentary election only.

(2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act (Registration Appeal Court) (“the registration appeal court”).

(3) An appeal made by virtue of this article orsection 56 of the 1983 Act (registration appeals) which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) The sheriff clerk (or clerk to the registration appeal court) shall send to the ERO, by recorded delivery, notice of the decision of the sheriff (or of the registration appeal court) on any appeal by virtue of this article, and the ERO must make such alterations in the—

(a) record kept under article 8(4) (absent voters); or

(b) record kept under article 11(5) (proxy voters),

as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register of electors is made which takes effect under this article or under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.

Polling districts and places at elections

5

(1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

(2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections under sections 18A and 18B of the 1983 Act[^f00023] (polling districts and polling places), except where it appears to the local authority (or local authorities) for the area of that polling district or location of that polling place that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

(3) An election shall not be questioned by reason of—

(a) any non-compliance with the provisions of this article; or

(b) any informality relating to polling districts or polling places.

Rules for Scottish parliamentary elections

6

(1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules.

(2) It is the general duty of every CRO and RRO at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

(3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a CRO, RRO or any other person in breach of that person’s official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that—

(a) the election was so conducted as to be substantially in accordance with the law as to Scottish parliamentary elections; and

(b) the act or omission did not affect the result.

(4) Schedule 2 (Scottish Parliamentary Election Rules) has effect.

(5) Schedule 8 (access to marked registers and other documents open to public inspection after an election) has effect.

Manner of voting at Scottish parliamentary elections

7

(1) This article applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a Scottish parliamentary election.

(2) P may vote in person at the polling station allotted to P under this Order, unless P is entitled as an elector to an absent vote at the election.

(3) P may vote by post if P is entitled as an elector to vote by post at the election.

(4) If P is entitled to vote by proxy at the election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station allotted to P under this Order for a ballot paper for the purposes of voting in person, in which case P may vote in person there.

(5) P may vote in person at any polling station in the constituency if—

(a) P is not entitled as an elector to an absent vote at the election; but

(b) P cannot reasonably be expected to go in person to the polling station allotted to P under this Order by reason of the particular circumstances of P’s employment, either as a constable or by a CRO or RRO, on the date of the poll for a purpose connected with the election.

(6) Nothing in the preceding provisions of this article applies to—

(a) a person (“Q”) to whom section 7 of the 1983 Act[^f00024] (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 Q is registered by virtue of that provision or not, and Q may vote—

(i) in person (where Q is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission); or

(ii) by post or by proxy (where Q is entitled as an elector to vote by post or, as the case may be, by proxy at the election); ...

(b) a person (“R”) to whom section 7A of that Act[^f00025] (persons remanded in custody etc.) applies, whether R is registered by virtue of that provision or not, and R may only vote by post or by proxy (where R is entitled as an elector to vote by post or, as the case may be, by proxy at the election) ; or

(c) a person to whom section 3(1A) of that Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

(7) Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules (entitlement to mark a tendered ballot paper).

(8) For the purposes of this Order, a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if that person is shown in the postal voters list or the list of proxies for the election as so entitled; and references in this Order to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Scottish parliamentary elections for an indefinite or a particular period

8

(1) Where a person applies to the ERO to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the application) the ERO shall grant the application if—

(a) the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(b) the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).

(2) Where a person applies to the ERO to vote by proxy at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in the person’s application), the ERO shall grant the application if—

(a) the ERO is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates;

(b) the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.

(3) For the purposes of this article, a person (“P”) is eligible to vote by proxy at Scottish parliamentary elections if P—

(a) is or will be registered as a service voter;

(b) has an anonymous entry in the register of electors;

(i) to go in person to the polling station allotted or likely to be allotted to P under this Order; or

(ii) to vote unaided there,

by reason of blindness or other disability;

(d) cannot reasonably be expected to go in person to that polling station by reason of the general nature of P’s occupation, service or employment or that of P’s spouse or civil partner or by reason of P’s attendance on a course provided by an educational institution or that of P’s spouse or civil partner; ...

(e) cannot go in person from P’s qualifying address to that polling station without making a journey by air or sea ; or

(f) is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.

(4) The ERO shall keep a record of those whose applications under this article have been granted showing—

(a) whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period);

(b) in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent; and

(5) The ERO shall remove a person (“Q”) from the record kept under paragraph (4)—

(a) if Q applies to the ERO to be removed;

(b) in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if Q ceases to have an anonymous entry;

(c) in the case of any registered person, if Q ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—

(i) a service declaration; or

(ii) a declaration of local connection;

(d) in the case of any person shown in the record as voting by proxy, if the ERO gives notice that the ERO has reason to believe there has been a material change of circumstances; or

(e) in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.

(6) Where a person (whether an elector or a proxy) is, under paragraph (5), removed from the record kept under paragraph (4), the ERO must notify that person in accordance with paragraph 10(6) of Schedule 3 (notification where person removed from absent voting record).

(7) A person shown in the record kept under paragraph (4) as voting by post or voting by proxy (in either case, whether for an indefinite period or for a particular period) may make a further application under paragraph (1) or (2) to change the method of voting or period of time stated in that record.

(8) The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

(9) The ERO must also keep a record in relation to those whose applications under this article have been granted showing—

(a) their dates of birth; and

(b) except in cases where the ERO in pursuance of paragraph (8) has dispensed with the requirement to provide a signature, their signatures.

(10) The record kept under paragraph (9) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

(11) In this article “qualifying address” means, in relation to a person registered in a register of electors, the address in respect of which that person is entitled to be so registered.

Absent vote at a particular Scottish parliamentary election and special lists

9

(1) Where a person applies to the ERO to vote by post at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—

(a) the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(b) the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).

(2) Where a person applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application (subject to paragraph (4)) if—

(a) the ERO is satisfied that the applicant’s circumstances on the date of the poll 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 this Order;

(b) the ERO is satisfied that the applicant is or will be registered in the register of electors; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3.

(3) Where a person who has an anonymous entry in the register of electors applies to the ERO to vote by proxy at a particular Scottish parliamentary election, the ERO shall grant the application if it meets the requirements set out in Schedule 3.

(4) Paragraphs (1) and (2) do not apply to a person who is included in the record kept under article 8; but such a person may, in respect of a particular Scottish parliamentary election, apply to the ERO—

(a) for that person’s ballot papers to be sent to a different address; or

(b) to vote by proxy,

if that person is shown in the record so kept as voting by post and the ERO shall grant the application if it meets the requirements set out in Schedule 3.

(5) The ERO shall, in respect of each Scottish parliamentary election, keep two special lists—

(a) a list (“the postal voters list”) of—

(i) those who are for the time being shown in the record kept under article 8 as voting by post (excluding those so shown whose applications under paragraph (4) to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under article 8 or, as the case may be, paragraph (4) as the addresses to which their ballot papers are to be sent; and

(ii) those whose applications under paragraph (1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent; and

(b) a list (“the list of proxies”) of those who are for the time being shown in the record kept under article 8 as voting by proxy or whose applications under this article to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.

(6) In the case of a person who has an anonymous entry in the register of electors any entry in the special lists referred to in paragraph (5) must show in relation to the person only the person’s electoral number.

(7) The ERO may dispense with the requirement under paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

(8) The ERO must also keep a record in relation to those whose applications under this article have been granted showing—

(a) their dates of birth; and

(b) except in cases where the ERO in pursuance of paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) The record kept under paragraph (8) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

(10) As soon as reasonably practicable after completion of the compilation of each of the postal voters list and the list of proxies, the ERO shall supply a copy of that list to the CRO.

Proxies at Scottish parliamentary elections

10

(1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 11 referred to as “the elector”) at any Scottish parliamentary election and may vote in pursuance of the appointment.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a Scottish parliamentary election.

(3) A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election—

(a) unless the ERO is satisfied that the person is or will be registered in the register of electors, or

(b) if that person is subject to any legal incapacity (age apart) to vote at that election as an elector.

(4) A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll that person has attained the age of 16.

(4A) A person is not capable of voting as proxy at a Scottish parliamentary election if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies.

(5) A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in the elector’s application), the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting) and the ERO is satisfied that the elector is or will be—

(a) registered in the register of electors; and

(b) shown in the record kept under article 8 (absent vote at Scottish parliamentary elections for an indefinite or a particular period) as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.

(7) Where the elector applies to the ERO for the appointment of a proxy to vote for the elector at a particular Scottish parliamentary election, the ERO shall make the appointment if the application is signed by the applicant and meets the requirements set out in Schedule 3 and the ERO is satisfied that the elector is or will be—

(a) registered in the register of electors for that election; and

(b) entitled to vote by proxy at that election by virtue of an application under article 9 (absent vote at a particular Scottish parliamentary election),

and that the proxy is capable of being, and willing to be, appointed.

(8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the ERO.

(9) The appointment may be cancelled by the elector by giving notice to the ERO, and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for the elector at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

(10) Subject to paragraph (9), the appointment shall remain in force—

(a) in the case of an appointment for a particular election, for that election; and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under article 8 in pursuance of the same application under that article.

(11) Paragraph 12 of Schedule 3 (cancellation of proxy appointment) provides for the steps to be taken where a proxy’s appointment is cancelled or ceases to be in force under paragraph (9) or is no longer in force under paragraph (10)(b).

(12) The ERO may dispense with the requirement under paragraph (6) or (7) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

Voting as proxy

11

(1) A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless that person is entitled to vote by post as proxy for the elector at the election, in which case that person may vote by post.

(2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if that person is included in the proxy postal voters list kept under paragraph (7) in respect of the election.

(4) Where a person applies to the ERO to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period, for a particular period specified in the person’s application or at a particular election), the ERO shall grant the application if—

(a) the ERO is satisfied that the elector is or will be registered in the register of electors;

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for the elector; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting).

(5) The ERO shall keep a record of those whose applications under paragraph (4) have been granted showing—

(a) whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period); and

(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(6) Where, in the case of a particular election, a person included in the record kept under paragraph (5) applies to the ERO for the person’s ballot papers to be sent to a different address, the ERO shall grant the application if it meets the requirements set out in Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections).

(7) The ERO shall, in respect of each Scottish parliamentary election, keep a special list (“the proxy postal voters list”) of—

(a) those who are for the time being included in the record kept under paragraph (5), together with the addresses provided by them in their applications under paragraph (4) or, as the case may be, paragraph (6) as the addresses to which their ballot papers are to be sent; and

(b) those whose applications under paragraph (4) have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent,

and shall supply to the CRO a copy of that list as soon as reasonably practicable on completion of the compilation of it.

(8) In the case of a person who has an anonymous entry in a register of electors the special list mentioned in paragraph (7) must contain only the person’s electoral number.

(9) The ERO shall remove a person from the record kept under paragraph (5)—

(a) if that person applies to the ERO to be removed;

(b) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires;

(d) if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not that person is re-appointed).

(10) Paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 49(5) of the Scottish Parliamentary Election Rules.

(11) The ERO may dispense with the requirement under paragraph (4)(c) for the applicant to provide a signature if the ERO is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

(12) The ERO must also keep a record in relation to those whose applications under paragraph (4) have been granted showing—

(a) their dates of birth; and

(b) except in cases where the ERO in pursuance of paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13) The record kept under paragraph (12) must be retained by the ERO for the period prescribed in paragraph 22 of Schedule 3 (the personal identifiers record).

Absent voting at elections: miscellaneous

12

(1) Section 59 of the 1983 Act[^f00026] (supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:—

(a) in subsection (3) (right to register and vote in person, by post or by proxy), “this Act” shall be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act (service qualification as a member of the forces or being employed in the service of the Crown in a post outside the UK of a prescribed class or description) in relation to the making and cancellation of appointments of a proxy and in relation to voting by post; and

(b) in subsection (3A) (right of members of forces and service voters to information about their right to vote), “this Act and any regulations made under it” shall be similarly construed.

(2) Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.

(3) Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls

13

(1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.

(2) Where the polls at a Scottish parliamentary election and a local government election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.

(3) For the purposes of paragraph (2) two areas are related if one is coterminous with, or situated wholly or partly within, the other.

(4) Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Scottish Ministers may determine.

(5) Schedule 5 (which makes provision about the combination of polls) has effect.

Constituency returning officers

14

The constituency returning officer for a Scottish parliamentary election shall be—

(a) in the case of a constituency wholly situated in one local government area, the person who under section 41 of the 1983 Act (returning officers: local elections in Scotland) is the returning officer at elections of councillors for the local authority for that area;

(b) in the case of a constituency situated in more than one local government area, such person mentioned above as the Scottish Ministers may by order direct (and an order made under this article may vary, amend or revoke any previous such order).

Officers of local authorities to be placed at disposal of returning officers

15

(1) Every local authority shall place at the disposal of the CRO for a constituency wholly or partly situated in their area, for the purpose of assisting the CRO in the discharge of any functions conferred on the CRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.

(2) Every local authority shall place at the disposal of the RRO for a region wholly or partly situated in their area, for the purpose of assisting the RRO in the discharge of any function conferred on the RRO in relation to a Scottish parliamentary election, the services of officers employed by the authority.

Returning officers: discharge of functions

16

(1) A CRO or RRO at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of the functions of that CRO or RRO under this Order.

(2) Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each RRO and each CRO for a Scottish parliamentary constituency within each RRO’s region to co-operate with each other in the discharge of their functions under this Order.

(3) The duty imposed by paragraph (2) applies as between CROs in any region as well as between such officers and the RRO for that region.

Returning officers: general

17

(1) A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

(2) A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a CRO or a RRO at that election.

Payments by and to returning officers

18

(1) A CRO and RRO are each entitled to recover their charges for services rendered and expenses incurred for and in connection with a Scottish parliamentary election, provided those services and expenses were necessary for the efficient and effective conduct of the election.

(2) The Scottish Ministers may, by regulations—

(a) specify a total amount that such charges may not exceed;

(b) provide a method for calculating the total amount that those charges may not exceed;

(d) make provision as to the time when, and the manner and form in which, accounts are to be submitted to the Scottish Ministers for payment of such charges.

(3) A CRO or RRO may not recover more than any total amount set by regulations under paragraph (2), unless the Scottish Ministers are satisfied that it was reasonable for the CRO or RRO to render the services or incur the expenses, and that the charges are reasonable.

(4) Regulations under paragraph (2) may—

(a) make different provision for different cases, circumstances or areas;

(b) vary, amend or revoke any previous such regulations;

(5) The amount of any charges recoverable in accordance with this article shall be charged on and paid out of the Scottish Consolidated Fund on an account being submitted to the Scottish Ministers, but the Scottish Ministers may if they think fit, before payment, apply for the account to be taxed under the provisions of article 19.

(6) Where a local authority requires to pay superannuation contributions in respect of any person that are increased by a fee paid under this article as part of the charges of a CRO or RRO at a Scottish parliamentary election, then on an account being submitted to the Scottish Ministers a sum equal to the increase shall be charged on and paid out of the Scottish Consolidated Fund to the local authority.

(7) On a request by a CRO or RRO for an advance on account of their charges, the Scottish Ministers may make such an advance, on such terms as they think fit.

Taxation of returning officer’s account

19

(1) An application for the account of a CRO or a RRO (“the claimant”) to be taxed shall be made to the Auditor of the Court of Session.

(2) On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as the Auditor thinks fit, and finally to determine the amount payable to the claimant.

(3) On any such application the claimant may apply to the Auditor to examine any claim made by any person against the claimant in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving the claimant an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.

Loan of equipment for Scottish parliamentary elections

20

Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a CRO at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers

21

(1) A person registered as a local government elector or entered in the list of proxies must not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (2); but this shall not prevent the rejection of the vote on a scrutiny, or affect that person’s liability to any penalty for voting.

(2) The grounds referred to in paragraph (1) are that the person—

(a) is not of voting age;

(b) is not, or, on the relevant date or the date of the person’s appointment (as the case may be), was not—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) a qualifying foreign national;

(c) is, or, on the relevant date or the date of the person’s appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

(3) In paragraph (2), the “relevant date” means—

(a) in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act[^f00027] (requirement to publish the revised register following annual canvas by 1st December), the 15th October immediately preceding the date of publication of the register;

(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act[^f00028] (entitlement to be registered as parliamentary or local government elector).

(4) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, will, for any purpose of this Part relating to that person as elector, be conclusive that until the date given in the entry that person is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

(5) Article 21(4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of local government electors.

Effect of misdescription

22

No misnomer or inaccurate description of any person or place named in the register of electors, or in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Order 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.

Discharge of registration duties

23

(1) Any of the duties and powers of an ERO under this Order may be performed and exercised by any depute for the time being approved by the local authority which appointed the ERO, and the provisions of this Order apply to any such depute so far as respects any duties or powers to be performed or exercised by that depute as they apply to the ERO.

(2) It shall be the duty of each local authority to assign such officers to assist the ERO appointed by that authority as may be required for carrying out the ERO’s functions under this Order.

(3) An ERO must comply with any general or specific directions which may be given by the Scottish Ministers, in accordance with, and on the recommendation of, the Electoral Commission undersection 8(1)of the 2000 Political Parties Act (directions as to discharge of registration duties), with respect to the arrangements to be made by the ERO in carrying out the ERO’s functions under this Order.

Payment of expenses of registration duties

24

(1) Any expenses properly incurred by an ERO in the performance of the ERO’s functions under this Order shall be paid by the local authority by which the ERO was appointed.

(2) Any fees paid to the ERO under this Order shall be accounted for by the ERO and paid to the local authority by which the ERO was appointed.

(3) On the request of an ERO for an advance on account of the expenses referred to in paragraph (1), the local authority by which the ERO was appointed may, if it thinks fit, make such an advance to the ERO of such an amount and subject to such conditions as it may approve.

Personation

25

(1) A person shall be guilty of a corrupt practice if that person commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) A person (“P”) shall be deemed to be guilty of personation at a Scottish parliamentary election if P—

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes in person or by post as proxy—

(i) for a person whom P knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when P knows or has reasonable grounds for supposing that P’s appointment as proxy is no longer in force.

(3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences

26

(1) A person (“P”) shall be guilty of an offence if—

(a) P votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Scottish parliamentary election, or at Scottish parliamentary elections, knowing that P is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind;

(b) P applies for the appointment of a proxy to vote for P at any Scottish parliamentary election or at Scottish parliamentary elections knowing that P or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c) P votes, whether in person or by post, as proxy for some other person at a Scottish parliamentary election, knowing that that person is subject to a legal incapacity to vote.

(2) For the purposes of paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include the person being below voting age if the person will be of voting age on that day.

(3) A person (“Q”) shall be guilty of an offence if—

(a) Q votes as elector—

(i) more than once in any constituency at a poll for the return of a constituency member;

(ii) more than once in any constituency at a poll for the return of regional members; or

(iii) in more than one constituency at a Scottish parliamentary general election;

(b) Q votes as elector in person at a Scottish parliamentary election at which Q is entitled to vote by post;

(c) Q votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as Q’s proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) Q applies for a person to be appointed as Q’s proxy to vote for Q at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(4) A person (“R”) shall be guilty of an offence if—

(a) R votes as proxy for the same elector either—

(i) more than once in the same constituency at any Scottish parliamentary election; or

(ii) in more than one constituency at a Scottish parliamentary general election;

(b) R votes in person as proxy for an elector at a Scottish parliamentary election at which R is entitled to vote by post as proxy for that elector; or

(c) R votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.

(5) A person (“S”) shall be guilty of an offence if S votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom S is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) A person shall be guilty of an offence if that person knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

(7) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted; but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if that right is not exercised, be disregarded.

(8) A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 49(5) (entitlement to mark a tendered ballot paper) of the Scottish Parliamentary Election Rules.

(9) An offence under this article shall be an illegal practice, but—

(a) the court before whom a person is convicted of any such offence may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order)[^f00029] (incapacities on conviction of corrupt or illegal practices); and

(b) a candidate shall not be liable, nor shall a candidate’s election be avoided, for an illegal practice under this article of any agent of that candidate other than an offence under paragraph (6).

(10) Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right that person shall, for the purposes of this article, be treated as voting once in relation to each poll for which the person’s votes are given.

Offences relating to applications for postal and proxy votes

27

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

(a) engages in an act specified in paragraph (2), and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.

(2) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in connection with such an application;

(c) inducing the ERO or CRO to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In paragraph (1)(b), property includes any description of property.

(4) In paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

(5) A person who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

Breach of official duty

28

(1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

(2) No person to whom this article applies shall be liable for breach of that person’s official duty to any penalty at common law, and no action for damages shall lie in respect of the breach by such a person of that person’s official duty.

(3) The persons to whom this article applies are—

(a) any ERO, CRO, RRO or presiding officer;

(b) any depute of such a person; and

(c) any person appointed to assist or in the course of that person’s employment assisting a person mentioned in sub-paragraphs (a) or (b) in connection with the official duties of the person so mentioned.

(4) “Official duty” shall not, for the purpose of this article, include duties imposed otherwise than by this Order.

Tampering with nomination papers, ballot papers etc.

29

(1) A person shall be guilty of an offence if, at a Scottish parliamentary election, that person—

(a) fraudulently defaces or fraudulently destroys any nomination paper;

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post;

(d) fraudulently puts into any ballot box any paper other than the ballot paper which that person is authorised by law to put in;

(e) fraudulently takes out of the polling station any ballot paper;

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) A person shall be guilty of an offence if that person—

(a) at a Scottish parliamentary election, forges any nomination paper, delivers to a CRO or RRO any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;

(b) signs any nomination paper as candidate or as nominating officer for any registered party (or as a person authorised by such officer), or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(3) Paragraph (4) applies to—

(a) a CRO;

(b) a RRO;

(d) a clerk appointed to assist in—

(i) taking the poll;

(ii) counting the votes; or

(iii) proceedings in connection with the issue or receipt of postal ballot papers.

(4) If a person to whom this paragraph applies is guilty of an offence under this article, that person shall be liable—

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both;

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

(5) If any other person is guilty of an offence under this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

(6) In this article “nomination paper” includes a regional list of a registered party.

False statements in nomination papers etc.

30

(1) A person (“P”) is guilty of a corrupt practice if, at a Scottish parliamentary election, P causes or permits to be included in a document delivered or otherwise furnished to a CRO or a RRO for use in connection with the election—

(a) a statement of the name or home address of a candidate at the election which P knows to be false in any particular;

(b) anything which purports to be the signature of a person who subscribes a nomination paper but which P knows—

(i) was not written by the person by whom it purports to have been written; or

(ii) if written by that person, was not written by that person for the purpose of subscribing that nomination paper;

(c) a certificate under rule 6(2) of the Scottish Parliamentary Election Rules authorising the use by a registered party of a name or description if P knows that a candidate on that party’s list of candidates is also, in relation to a poll which is to be held on the same day as the election to which the certificate relates—

(i) included in any other such list for the region or another region;

(ii) an individual candidate to be a regional member for the region or another region;

(iii) a candidate to be a constituency member for a constituency not included in the region; or

(iv) a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party; or

(d) a certificate under rule 7(1) of the Scottish Parliamentary Election Rules authorising the use by a constituency candidate of a description if P knows that the candidate is a candidate in another Scottish parliamentary constituency election in which the poll is to be held on the same day as the election to which the certificate relates.

(2) A person (“Q”) is guilty of a corrupt practice if, in the case of a constituency election, Q makes in any document in which Q consents to nomination as a candidate—

(a) a statement of Q’s date of birth;

(b) a statement as to Q’s qualification for membership of the Scottish parliament; or

(c) a statement that Q is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which Q knows to be false in any particular.

(3) A person (“R”) is guilty of a corrupt practice if, in the case of an individual candidate at a regional election, R makes in any document in which R consents to nomination as a candidate—

(a) a statement of R’s date of birth;

(b) a statement as to R’s qualification for membership of the Scottish parliament; or

(c) a statement that R is not a party list candidate at that regional election nor a candidate in another Scottish parliamentary election the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which R knows to be false in any particular.

(4) A person (“S”) is guilty of a corrupt practice if, in the case of a party list candidate at a regional election, S makes in any document in which S consents to nomination as a candidate—

(a) a statement of S’s date of birth;

(b) a statement as to S’s qualification for membership of the Scottish parliament; or

(c) a statement that S is not an individual candidate or a candidate on the list submitted by another registered party at that regional election or a candidate at another Scottish parliamentary election in which the poll is to be held on the same day as the poll at the election to which the consent relates,

which S knows to be false in any particular.

(5) For the purposes of paragraphs (2), (3) and (4) a statement as to a candidate’s qualification is a statement—

(a) that the candidate is qualified for being elected;

(b) that the candidate will be qualified for being elected; or

Requirement of secrecy

31

(1) The following persons attending at a polling station, namely—

(a) a CRO, RRO or a member of staff of a CRO or RRO;

(b) a presiding officer or clerk;

(d) a nominating officer of a registered party which has submitted a regional list;

(e) an election agent;

(f) a polling agent;

(g) a person attending by virtue of sections 6A to 6D of the 2000 Political Parties Act[^f00030] (representatives of the Electoral Commission and accredited observers),

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed the information described in paragraph (2).

(2) The information referred to in paragraph (1) is any information as to—

(a) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(b) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(c) the official mark being used in accordance with rule 30 of the Scottish Parliamentary Election Rules (“the official mark”).

(3) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

(a) ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper;

(b) communicate any information obtained at the counting of the votes as to the candidate for whom or, as the case may be, registered party for which, any vote is given on any particular ballot paper.

(4) No person shall—

(a) interfere with or attempt to interfere with a voter when the voter is recording the voter’s vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted, or as to the unique identifying number on the back of a ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person the name of the candidate for whom or the registered party for which the voter has or has not voted.

(5) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of voting and shall not—

(a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark;

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the unique identifying number on the back of any ballot paper sent to any person;

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the unique identifying number on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of ballot papers the name of the candidate for whom or the registered party for which, any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(6) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered party for which, that voter intends to vote or has voted, or as to the unique identifying number on the back of a ballot paper given for the use of that voter.

(7) No person may publish before the close of the poll—

(a) any statement relating to the way in which voters have voted in the poll where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

(b) any forecast or estimate as to the result of the election which is (or might reasonably be taken to be) based on information so given.

(8) If a person acts in contravention of this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding six months.

(9) In this article—

(a) a voter with disabilities is a voter who has made a declaration under rule 48 of the Scottish Parliamentary Election Rules that the voter is so incapacitated by blindness or other disability or by inability to read, as to be unable to vote without assistance;

(b) “publish” means make available to the public at large (or any section of the public), in whatever form and by whatever means; and

(c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate, candidates, registered party or parties at the election are concerned.

PART 3 — THE ELECTION CAMPAIGN

Appointment of election agent

32

(1) Not later than the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, a person shall be named by, or on behalf of—

(a) each candidate for return as a constituency member;

(b) each individual candidate for return as a regional member; and

as the election agent for that candidate or, as the case may be, registered party in relation to that list and that person’s name and address shall be declared in writing by or on behalf of such a candidate or, in the case of a registered party, by the candidate who is highest in that party’s regional list, to the appropriate returning officer.

(2) Candidates for return as constituency members and individual candidates for return as regional members may name themselves as their own election agents.

(3) A candidate included on a registered party’s regional list may be named as election agent for that party in relation to that regional list.

(4) Where a candidate has been named (whether by the candidate or by another person) as an election agent the candidate shall, so far as circumstances admit, be subject to the provisions of this Order both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in the capacity as election agent.

(5) One election agent only shall be appointed for—

(a) each candidate for return as a constituency member;

(b) each individual candidate for return as a regional member;

but the appointment, whether the election agent appointed be a candidate or not, may be revoked.

(6) If, whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and the new election agent’s name and address declared in writing to the appropriate returning officer.

(7) The declaration as an election agent of—

(a) a candidate of a person other than that candidate; or

(b) a registered party submitting a regional list, of a person other than a candidate on that list,

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by that person.

(8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address , unless a request is made by the election agent under paragraph (9).

(9) A declaration under article 32(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address.

(10) A request under paragraph (9) must be granted by the returning officer where an alternative correspondence address has been provided.

Appointment of sub-agent

33

(1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

(2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

(3) In this Order, any deputy election agent appointed under paragraph (1) or (2) is referred to as a sub-agent.

(4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub-agent the election agent may act by the sub-agent and—

(a) anything done for the purposes of this Order by or to the sub-agent in the sub-agent’s part of the constituency or, as the case may be, region shall be deemed to be done by or to the election agent;

(b) any act or default of a sub-agent which, if the sub-agent were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice and offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and

(c) the candidate or, as the case may be, each candidate on the registered party’s regional list shall suffer the like incapacity as if that act or default had been the election agent’s act or default.

(5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub-agent so declared , unless a request is made by the sub-agent under paragraph (5A).

(5A) A declaration under article 33(5) may include a request by the sub-agent that any public notice of their address is to a correspondence address rather than their home address.

(5B) A request under paragraph (5A) must be granted by the returning officer where an alternative correspondence address has been provided.

(6) The appointment of a sub-agent—

(a) shall not be vacated by the election agent who appointed the sub-agent ceasing to be election agent; but

(b) may be revoked by whoever is for the time being the election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and the new sub-agent’s name and address shall be forthwith declared in writing by the election agent to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

(7) The declaration to be made to the appropriate returning officer, and the notice to be given, under paragraph (5) or (6) shall specify the part of the constituency or, as the case may be, region within which any sub-agent is appointed to act.

Office of election agent

34

(1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be—

(a) declared to the appropriate returning officer at the same time as the appointment of the agent is declared under article 32 or, as the case may be, appointment of the sub-agent is declared under article 33; and

(b) stated in the public notice of the name of the agent or, as the case may be, sub-agent.

(2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub-agent and addressed to that agent or sub-agent, shall be deemed to have been served on that agent or sub-agent and every election agent or sub-agent may, in respect of any matter connected with the election in which that agent or sub-agent is acting, be sued in any court having jurisdiction at the place where that agent’s or that sub-agent’s office is situated.

Effect of default in election agent’s appointment

35

(1) If no person’s name and address is declared as required by article 32 (appointment of election agent) as the election agent of a candidate for return as a constituency member or an individual candidate for return as a regional member who remains validly nominated, at the latest time for delivery of notices of withdrawal of candidature the candidate shall be deemed at that time to have been appointed as election agent and to have revoked any appointment of another person as the candidate’s election agent.

(2) If no person’s name and address is declared as required by article 32 as the election agent of a registered party submitting a regional list, at the latest time for delivery of notices of withdrawal of candidature the candidate who is highest in that party’s regional list shall be deemed at that time to have been appointed as election agent and to have revoked any appointment of another person as that party’s election agent.

(3) This paragraph applies if—

(a) the person whose name and address have been so given as those of an election agent for a candidate (not being the candidate) or of a registered party dies; and

(b) a new appointment is not made on the day of the death or on the following day.

(4) Where paragraph (3) applies—

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate shall be deemed to have been appointed as from the time of death; and

(b) in the case of the death of an election agent for a registered party—

(i) the candidate who is highest in that party’s regional list shall be deemed to have been appointed from the time of the death; or

(ii) where paragraph (3) applies through the death of such a candidate, the candidate whose name is next highest in that registered party’s regional list shall be deemed to have been appointed from the time of the death.

(5) If the appointment of an election agent is revoked without a new appointment being made—

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate shall be deemed to have been appointed (or re-appointed) election agent; and

(b) in the case of a registered party, the candidate who is highest in that party’s regional list shall be deemed to have been appointed (or re-appointed) election agent.

(6) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

(7) Where a candidate is by virtue of this article to be treated as an election agent, for the purposes of article 34 (office of election agent) the election agent’s office shall be deemed to be at the address given for the candidate-

(a) in the case of a candidate for return as a constituency member, in the constituency nomination paper under rule 4 of the Scottish Parliamentary Election Rules;

(b) in the case of an individual candidate for return as a regional member, in the individual nomination paper under rule 5 of those rules;

(8) The appropriate returning officer, on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of that person’s office had been duly given to the returning officer under articles 32 and 34.

Control of donations to candidates

36

(1) In the case of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election, any money or other property provided (whether as gift or loan)—

(a) by any person other than the candidate or the candidate’s election agent, and

(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or the candidate’s election agent.

(2) Paragraph (1) does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, the candidate’s election agent or any sub-agent.

(3) A person who provides any money or other property in contravention of paragraph (1) shall be guilty of an illegal practice.

(4) The provisions of Schedule 2A to the 1983 Act[^f00031] (control of donations to candidates), and regulations made under paragraph 10(2) of that Schedule[^f00032] (statement of relevant donations) apply for the purposes of Scottish parliamentary elections as they do for the purposes of parliamentary elections, subject to the following modifications.

(5) Any modification made to paragraph 3 of that Schedule (sponsorship) by order of the Secretary of State under paragraph 3(4) of that Schedule must be ignored.

(6) References to a candidate are to be construed as references to a candidate for return as a constituency member or an individual candidate for return as a regional member.

(7) References to election expenses are to be construed as references to election expenses within the meaning of article 58 (meaning of election expenses).

(8) In paragraph 8(10)(a), for “section 67(1) or (1A) of this Act” substitute “article 32 of the Scottish Parliament (Elections etc.) Order 2015 (appointment of election agent)”

(9) In paragraph 10(1)[^f00033] for “section 81 of this Act” substitute “article 47 of the Scottish Parliament (Elections etc.) Order 2015 (return as to election expenses: constituency and individual regional candidates)”.

(10) In this article and Schedule 2A to the 1983 Act (as applied by this article) “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.

Expenses of constituency candidate

37

For the purposes of this Part, sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the CRO has received a certificate issued by a nominating officer of a registered party under rule 7 of the Scottish Parliamentary Election Rules (authorisation to use a registered party’s name and description) are not to be regarded as having been paid or incurred by that party.

Payment of expenses through election agent: constituency and individual regional candidates

38

(1) No payment (of whatever nature) shall be made by—

(a) a candidate for return as a constituency member or an individual candidate for return as a regional member; or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member unless it is made by or through the candidate’s election agent.

(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

(3) The references in the foregoing provisions of this article to an election agent include the election agent acting by a sub-agent.

(4) This article does not apply to—

(a) any expenses which are, in accordance with article 39(1) or (2), 44(6) or 45(2), paid by the candidate;

(b) any expenses which are paid in accordance with article 39(4) by a person authorised as mentioned in that provision; ...

(ba) any expenses incurred on account of any matter falling within article 41(1) by a person authorised as mentioned in that provision; or

(c) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of article 58(5) (expenses incurred before the date the person becomes a candidate at the election).

(5) A person who makes any payment (of whatever nature) in contravention of paragraph (1) shall be guilty of an illegal practice.

Expenses which may be paid otherwise than by election agent

39

(1) A candidate (including a candidate on a registered party’s regional list) may pay any personal expenses incurred by that candidate on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed—

(a) £600 in the case of a candidate for return as a constituency member who is not also a candidate for return as a regional member; and

(b) £900 in the case of a candidate for return as a regional member (whether or not the candidate is also a candidate for return as a constituency member),

and any further personal expenses incurred by the candidate shall be paid by the election agent.

(2) A candidate at an election may also pay any election expenses (other than expenses falling within paragraph (1)) which were incurred by the candidate or on the candidate’s behalf and in respect of which payment falls to be made before the date on which the candidate appoints (or is deemed to have appointed) an election agent.

(3) A candidate shall send to the election agent within the time permitted by article 44 for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) or (2) by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member the candidate shall send the statement to the election agent acting on the candidate’s behalf in relation to the candidacy for return as a constituency member.

(4) Any person may, if so authorised in writing by an election agent, pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by article 44 for sending in claims, and shall be vouched for by a bill containing that person’s receipt.

(6) Articles 44 and 45 do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate’s election agent.

Expenses incurred otherwise than for election purposes

40

(1) Neither article 38 nor articles 44 and 45 shall apply to election expenses—

(a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but

(b) which by virtue of article 58(1) (meaning of election expenses) fall to be regarded as election expenses by reason of the property, goods, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.

(2) The candidate’s election agent shall make a declaration of the amount (determined in accordance with articles 58 and 59) of any election expenses falling within paragraph (1).

(3) In this article “for the purposes of the candidate’s election” has the same meaning as in article 58 (meaning of election expenses).

Prohibition of expenses not authorised by election agent: constituency and individual regional candidates

41

(1) No expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election, shall be incurred after the candidate becomes a candidate at such an election by any person other than the candidate or the candidate’s election agent and persons authorised in writing by the election agent on account—

(a) of holding public meetings or organising any public display;

(b) of issuing advertisements, circulars or publications;

(c) in the case of a constituency election, of otherwise presenting to the electors the candidate, or the views of the candidate or the extent or nature of that candidate’s backing or disparaging of another candidate; or

(d) in the case of a regional election, of otherwise presenting to the electors the candidate, or the views of the candidate or the extent or nature of that candidate’s backing or disparaging of another individual candidate or of a registered party or of any or all of its party list candidates.

(2) Neither sub-paragraph (c) nor sub-paragraph (d) of paragraph (1) restricts the publication of any matter relating to the election in—

(a) a newspaper or other periodical;

(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru; or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990[^f00034] (independent television and radio services) or Part 1 or 2 of the Broadcasting Act 1996[^f00035] (digital terrestrial television and sound broadcasting).

(3) Paragraph (1) does not apply to any expenses incurred by any person—

(a) which do not exceed in the aggregate £500 (and are not incurred by that person as part of a concerted plan of action), or

(b) in travelling or in living away from home or similar personal expenses.

(4) For the purposes of paragraph (3)(a), expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (3)(a)) fall within paragraph (1).

(5) Where a person incurs any expense required by this article to be authorised by the election agent—

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate returning officer a return of the amount of those expenses stating the election at which and the candidate in whose support they were incurred; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred;

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or a candidate’s election agent.

(6) The return and declaration under the foregoing provisions of this article shall be respectively in the forms A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

(7) If a person—

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (5) falsely,

that person shall be guilty of a corrupt practice.

(8) If a person fails to deliver or send any declaration or return or a copy of it as required by this article that person shall be guilty of an illegal practice.

(9) The court before whom a person is convicted under this article may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order)[^f00036] (incapacities on conviction of corrupt or illegal practice).

(10) A candidate shall not be liable, nor shall the candidate’s election be avoided, for a corrupt or illegal practice under this article committed by an agent without the candidate’s consent or connivance.

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