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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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A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to the presiding officer’s satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Correction of errors on day of poll

51

The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register of electors made by virtue of section 13B(3B) or (3D) of the 1983 Act[^f00069] (notice of alteration in the register) which takes effect on the day of the poll.

Adjournment of poll in case of riot

52

(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the CRO and, except in the case of an election to fill a vacancy in the seat of a constituency member, the RRO.

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

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

(b) references in this Order to the close of the poll shall be construed accordingly.

Procedure on close of poll

53

(1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, using the presiding officer’s own seal and the seals of such polling agents as desire to affix their seals, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers.

(2) The presiding officer shall then make up into separate packets, sealed with the presiding officer’s own seal and the seals of such polling agents as desire to affix their seals–

(a) the unused and spoilt ballot papers placed together;

(b) the tendered ballot papers;

(c) the corresponding number lists prepared under rule 29, including the parts which were completed in accordance with rule 46(2)(b) (together referred to in these Rules as “the completed corresponding number lists”);

(d) the certificates as to employment on duty on the day of the poll surrendered under rule 41(4);

(e) the marked copies of the polling register and of the list of proxies;

(f) the tendered votes list maintained under rule 49(7), the list of voters with disabilities assisted by companions maintained under rule 48(4), the list of votes marked by the presiding officer maintained under rule 47(2), a statement of the number of voters whose votes are so marked by the presiding officer under the heads ‘disability’ and ‘unable to read’, the list maintained under rule 51, the written declarations made by voters with disabilities under rule 48(1), and the declarations made by the companions of voters with disabilities under rule 48(2)(b);

(g) the postal ballot papers and postal voting statements which have been returned by hand to the polling station (unless previously collected in accordance with paragraph 18(3) of Schedule 4),

and shall deliver the sealed ballot boxes and the packets, or cause them to be delivered, to the CRO to be taken charge of by the CRO; but if the boxes and packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery shall require the CRO’s approval.

(3) The marked copies of the polling register and of the list of proxies shall be in one packet but shall not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(4) The packets shall be accompanied by a statement (in these Rules referred to as “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 heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers; and, except in the case of a poll to fill a vacancy in the seat of a constituency member, a separate ballot paper account shall be made for the constituency ballot papers and the regional ballot papers.

Counting of votes

Attendance at counting of votes

54

(1) The CRO shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, but in making such arrangements the CRO shall not knowingly appoint or employ any person who has been employed by or on behalf of a candidate or a registered party in or about the election.

(2) The CRO shall give to the counting agents and the RRO notice in writing of the time and place at which the CRO will begin to count the votes.

(3) No person other than—

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

(b) the candidates and one other person chosen by each of them;

(d) the counting agents;

(e) a person who is entitled to attend by virtue of any of sections 6A to 6D of the 2000 Political Parties Act[^f00070] (representatives of the Electoral Commission and accredited observers);

(f) (except in the case of an election to fill a vacancy in the seat of a constituency member), the RRO,

may be present at the counting of the votes, unless permitted by the CRO to attend.

(4) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the CRO unless the CRO—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(5) The CRO shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the CRO can give them consistently with the orderly conduct of the proceedings and the discharge of the CRO’s duties in connection with them.

(6) In particular, where the votes are counted by sorting the ballot papers according to—

(a) a candidate for whom a vote is given in the case of a constituency ballot paper; or

(b) an individual candidate or a registered party for whom or which a vote is given in the case of a regional ballot paper,

and then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

55

(1) The CRO shall—

(a) in the presence of the counting agents appointed for the purposes of the election, open each ballot box and count and record separately the number of constituency ballot papers and the number of regional ballot papers there are in each box;

(b) in the presence of the election agents appointed for the purposes of the election, verify each ballot paper account; and

(c) count such of the postal ballot papers as have been duly returned and record separately the number of constituency postal ballot papers counted and the number of regional postal ballot papers counted.

(2) A postal ballot paper shall not be deemed to be duly returned unless it is returned—

(a) by hand to a polling station in the same constituency; or

(b) by hand or by post to the CRO,

before the close of the poll and is accompanied by the postal voting statement duly signed and which also states the date of birth of the elector or proxy (as the case may be).

(3) A postal ballot paper shall not be deemed to be duly returned unless the CRO verifies the date of birth and signature of the elector or proxy (as the case may be).

(4) The CRO shall not count any tendered ballot paper.

(5) The CRO shall not count the votes given on any ballot papers until—

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

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

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

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

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

(7) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded by the CRO, and the unused and spoilt ballot papers in the CRO’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 shall draw up a statement as to the result of the verification and shall, on request, supply a copy of that statement to any election agent appointed for the purpose of that election.

(8) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the CRO may, in so far as the CRO and the counting agents appointed for the purpose of that election agree, exclude any or all of the hours between 7 pm and 9 am the following day.

(9) For the purposes of the exception in paragraph (8) the agreement of—

(a) a candidate for return as a constituency member or the election agent of such a candidate; or

(b) an individual candidate for return as a regional member or the election agent of such a candidate or the election agent of a registered party standing nominated,

shall be as effective as the agreement of the counting agent of that candidate or, as the case may be, registered party.

(10) During the time so excluded the CRO shall—

(a) place the ballot papers and other documents relating to the election under the CRO’s own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers, equipment and documents.

Re-count: constituency election

56

(1) A candidate for return as a constituency member or the election agent of such a candidate may, if present when the counting or any re-count of the votes given in the constituency ballot papers is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in the CRO’s opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes given in the constituency ballot papers until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Re-count: regional votes in a constituency

57

(1) If a person specified in paragraph (3) is present when the counting or any re‑count of the votes given in the regional ballot papers is completed in a constituency, that person may, prior to the publication of the statement required by rule 61, require the CRO to have the votes re‑counted or again re-counted.

(2) The CRO may refuse to do so if in the CRO’s opinion the request is unreasonable.

(3) The persons are—

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

(b) an election agent for such a candidate or for a registered party standing nominated;

(4) No step shall be taken on the completion of the counting or any re-count of votes until the individual candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers

58

(1) Any ballot paper—

(a) which does not bear the official mark and the unique identifying number;

(b) in the case of a constituency ballot paper, on which votes are given for more than one candidate;

(c) in the case of a regional ballot paper, on which votes are given for more than one registered party or individual candidate, or for a registered party and an individual candidate;

(d) on which anything is written or marked by which the voter can be identified except the unique identifying number on the back; or

(e) which is unmarked or void for uncertainty,

shall, subject to the provisions of paragraphs (2) and (3), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place;

(b) otherwise than by means of a cross; or

shall not for such reason be deemed to be void if an intention that the vote shall be for one of the candidates (or in the case of a regional ballot paper, for one of the individual candidates or registered parties) clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that the voter can be identified by it.

(3) Where different numbers have been written by a voter on a ballot paper apparently as a vote in a sequential order of preference, and the ballot would otherwise be rejected under this rule, the ballot shall be treated as a vote for the candidate (or in the case of a regional ballot paper, for the individual candidate or registered party) against whom the number “1” appears.

(4) The CRO shall record, by marking the ballot paper, the rejection of any ballot paper which under this rule is not to be counted, and shall also record any objection that is made by a counting agent to the decision to reject the ballot paper.

(5) The CRO shall draw up a statement showing the number of constituency ballot papers and the number of regional ballot papers, respectively, rejected under each of sub-paragraphs (a) to (e) of paragraph (1).

Decisions on ballot papers

59

The decision of the CRO on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Equality of votes: election for return of constituency members

60

Where, after the counting of the votes (including any re-count) given in a poll for the return of a constituency member is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the CRO shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Conveying results of count etc. to RRO

61

(1) As soon as practicable after the conclusion of the counting of the votes (including any re-count) given in a constituency in a poll for return of regional members, the CRO shall, in accordance with any directions given by the RRO, draw up a statement showing the number of votes given for each registered party and each individual candidate (excluding any votes given on any rejected ballot papers).

(2) The CRO shall forthwith inform the RRO of the contents of that statement.

(3) The CRO shall give public notice of the statement prepared under paragraph (1) as soon as practicable after the CRO has informed the RRO.

PART 4 — FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

Declaration of result: constituency members

62

(1) In a contested election for return of a constituency member, when the result of the poll for the return of a constituency member has been ascertained, the CRO shall forthwith—

(a) declare to be elected the candidate to whom the majority of votes has been given;

(b) complete a certificate in the form R set out in the Appendix and deliver it, or cause it to be delivered, to the Clerk of the Parliament giving that candidate’s name, address and,

(i) if a certificate has been received by the CRO issued by or on behalf of the nominating officer of a registered party under rule 7(1) in respect of that candidate, the name of that party,

(ii) if the candidate’s description on the statement prepared under rule 18 consisted of the word “Independent”, that word; or

(iii) if the candidate had no description on that statement, the words “no description”; and

(i) that candidate’s name and, unless the candidate had no description on the statement prepared under rule 18, the name of the registered party referred to in sub-paragraph (b)(i) or that the candidate was described on that statement by the word “Independent”; and

(ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2) In an uncontested election, the statement of persons nominated for return as a constituency member, in addition to showing the person standing nominated, shall also declare that person elected and paragraph (1)(b) applies to a person so returned as it applies to a person returned under that paragraph.

(3) In any case to which paragraph (1) or (2) applies (except in an election to fill a vacancy in the seat of a constituency member) the CRO shall forthwith also notify the RRO of the candidate who has been returned and, if applicable, the name of the registered party referred to in paragraph (1)(b) or, as the case may be, (2).

Attendance at allocation of seats for regional members

63

(1) At a contested election, the RRO shall make arrangements for making the calculation and allocation referred to in rule 64 as soon as practicable after the RRO receives the statement prepared under rule 61 and the notification under rule 62(3) from each CRO in that region.

(2) No person other than—

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

(b) the candidates on a registered party’s regional list and one other person chosen by each of them;

(d) the election agent of each individual candidate or registered party standing nominated, or a person acting on that agent’s behalf;

(e) the nominating officer of each registered party standing nominated;

(f) a person who is entitled to attend by virtue of any of sections 6A to 6D of the 2000 Political Parties Act (representatives of the Electoral Commission and accredited observers);

may be present at that calculation and allocation unless permitted by the RRO to attend.

(3) A person not entitled to attend the proceedings for the calculation and allocation referred to in rule 64 shall not be permitted to do so by the RRO unless the RRO—

(a) is satisfied that the efficient conduct of those proceedings will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The RRO shall give to—

(a) the nominating officer and election agent of each registered party standing nominated;

(b) each individual candidate and the election agent of each such candidate; and

notice in writing of the place at which the RRO will begin the proceedings under rule 64.

Allocation of seats

64

(1) The RRO shall calculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region by adding together the votes given for that registered party or, as the case may be, individual candidate as shown in the statements received under rule 61.

(2) An individual candidate for return as a regional member or the election agent for such a candidate, or the election agent for a party standing nominated (or, in the absence of such agent, any candidate included in that party’s list) may, prior to the allocation of the seats by the RRO under paragraph (3), if present when the calculation under paragraph (1) (or any recalculation under this paragraph) is completed, require the RRO to recalculate or again recalculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region, but the RRO may refuse to do so if in the RRO’s opinion the request is unreasonable.

(3) The RRO shall then allocate the seats in accordance with sections 7 and 8 of the 1998 Act[^f00071] (calculation of regional figures and allocation of seats).

Declaration of results: regional members

65

(1) When the RRO has allocated the regional member seats the RRO shall forthwith—

(a) announce the individual candidates or the candidates on a registered party’s regional list to whom seats have been allocated;

(b) declare those candidates to have been elected;

(c) return to the Clerk of the Parliament in accordance with paragraph (2) the name and address of each of those persons and,

(i) if the person was returned from the regional list of a registered party, the name of that party;

(ii) if the person was an individual candidate whose description on the statement prepared under rule 19 consisted of the word “Independent”, that word; or

(iii) if the person was an individual candidate who had no description on that statement, the words “no description”;

(d) give public notice—

(i) of the name of any individual candidate elected;

(ii) of the name of any candidate elected who was included on a registered party’s regional list (and the name of the registered party on whose list the candidate was included);

(iii) (in a contested election) of the total number of votes given for each individual candidate or registered party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers; and

(iv) whether, in the case of a registered party, there are candidates remaining on that party’s regional list who have not been declared to be elected; and

(e) send a copy of that notice to each CRO for a constituency included in that region.

(2) For the purposes of paragraph (1) the RRO shall return those names required to be returned by—

(a) completing a certificate in the form S set out in the Appendix;

(b) delivering it, or causing it to be delivered, to the Clerk of the Parliament.

Return or forfeiture of deposit

66

(1) The deposit made under rule 10 is either to be returned to the person making it or to that person’s personal representatives or to be forfeited.

(2) Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result or results of the election is or are declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 2 in computing any period of time for the purposes of the timetable for the election; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If a candidate for return as a constituency member is not shown as standing nominated in the statement required by rule 18, or if the poll is countermanded or abandoned by reason of the candidate’s death, the deposit shall be returned as soon as practicable after the publication of the statement or after the candidate’s death, as the case may be.

(5) Where—

(a) a registered party or an individual candidate for return as a regional member is not shown as standing nominated in the statement prepared under rule 19; or

(b) in the case of an individual candidate, that candidate dies,

the deposit shall be returned as soon as practicable after the publication of that statement or the time when the RRO is satisfied of the candidate’s death, as the case may be.

(6) Subject to paragraph (4), the deposit made by or on behalf of a candidate for return as a constituency member shall be forfeited if a poll is taken and, after the counting of the votes by the CRO (including any re-count) is completed, the candidate is found not to have polled more than one twentieth of the total number of votes polled by all the candidates.

(7) Subject to paragraph (5), the deposit made by or on behalf of any individual candidate for return as a regional member or any registered party standing nominated shall be forfeited if after the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region has been calculated (or recalculated) under rule 64, the registered party or individual candidate is found not to have polled more than one twentieth of the total number of votes polled by all the registered parties and individual candidates in all of the constituencies included in the region and has not been allocated a seat under section 8 of the 1998 Act.

(8) Forfeited deposits are to be paid into the Scottish Consolidated Fund.

PART 5 — DISPOSAL OF DOCUMENTS

Sealing up of ballot papers

67

(1) On the completion of the counting at a contested election the CRO shall seal up in separate packets the counted and rejected ballot papers.

(2) The CRO shall not open the sealed packets of—

(a) tendered ballot papers;

(b) the completed corresponding number lists;

(d) marked copies of the polling register and lists of proxies.

Retention of documents by CRO

68

(1) This rule applies to the following documents[^f00072]—

(a) the packets of counted ballot papers and of rejected ballot papers sealed by the CRO under rule 67(1), the packets of unused and spoilt ballot papers sealed under rule 53(2)(a) and the packets of tendered ballot papers sealed under rule 53(2)(b);

(b) the ballot paper accounts prepared under rule 53(4) and the statements of rejected ballot papers prepared under rule 58(5) and of the result of the verification of the ballot paper accounts prepared under rule 55(7);

(c) the tendered votes lists prepared under rule 49(7), the lists of voters with disabilities assisted by companions prepared under rule 48(4), the lists of votes marked by the presiding officer prepared under rule 47(2) and the related statements prepared under rule 53(2)(f), the lists of persons to whom ballot papers are delivered in consequence of an alteration to the register of electors which takes effect on the day of poll maintained under rule 51, the written declarations made by voters with disabilities under rule 48(1), and the declarations made by the companions of voters with disabilities under rule 48(2)(b);

(d) the packets of the completed corresponding number lists sealed under rule 53(2)(c);

(e) the packets of certificates as to employment on duty on the day of the poll sealed under rule 53(2)(d); and

(f) the packets containing marked copies of polling registers and of lists of proxies sealed under rule 53(2)(e).

(2) The documents specified in paragraph (1) must remain in the CRO’s custody.

(3) The CRO must endorse on each packet—

(a) a description of its contents;

(b) the date of the election to which they relate; and

Orders for production of documents and records

69

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the CRO; or

(b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the CRO’s custody,

may be made, if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the Court of Session or the sheriff.

(2) An order—

(a) for the opening of a sealed packet of the completed corresponding number lists or of certificates; or

(b) for the inspection of any counted ballot papers in the CRO‘s custody,

may be made by an election court.

(3) An order under this paragraph may be made subject to such conditions as to—

(a) persons;

(b) time;

(d) production or opening,

as the court making the order may think expedient; but in making and carrying into effect such an order care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that the elector’s vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the Court of Session from any order of the sheriff under this rule.

(5) Any power given under this rule to the Court of Session or to the sheriff, may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the CRO of any document or record in the CRO’s possession relating to any specified election—

(a) the production by the CRO or the CRO’s agent of the document or record ordered in such manner as may be directed by that order shall be conclusive evidence that the document or record relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election; and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act[^f00073] (notice of alteration in the register)) at the time of the election contained the same number as the number marked as mentioned in sub-paragraph (b).

(8) Save as provided by this paragraph, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the CRO, or to open any sealed packets of the completed corresponding number lists or of certificates.

Retention and public inspection of documents

70

(1) The CRO shall retain the documents specified in rule 68(1) for a year and then, unless otherwise directed by order of the Court of Session, shall cause them to be destroyed.

(2) The documents mentioned in paragraph (1) except—

(a) ballot papers;

(b) the completed corresponding number lists; and

shall be open to public inspection.

(3) Each of the following shall, on request, be supplied with a copy of the marked copies of the polling register, the postal voters list, the list of proxies and the proxy postal voters list—

(a) a registered party;

(b) a person who was a candidate at the constituency election to which those documents relate;

(c) a person who was a candidate (whether an individual candidate or a candidate on a registered party’s list) at the regional election to which those documents relate.

(4) Schedule 8 makes further provision as to inspection of, and access to, documents retained by the CRO.

PART 6 — DEATH OF CANDIDATE

Constituency election: death of independent candidate

71

(1) This rule applies if, at a contested constituency election, proof is given to the CRO’s satisfaction before the result of the election is declared that one of the persons named or to be named on the ballot papers as an independent candidate has died.

(2) Subject to this rule and rules 72 and 73, these Rules apply to the election as if the candidate had not died.

(3) The following provisions of these Rules do not apply in relation to the deceased candidate—

(a) rule 41(1)(a) to (c) (admission to polling station: candidates, election agents and polling agents);

(b) rule 54(3)(b) to (d) (attendance at counting of votes);

(4) If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must—

(a) if polling has not begun, countermand the notice of poll;

(b) if polling has begun, direct that the poll be abandoned;

(5) For the purposes of paragraph (1), a person is named or to be named on the ballot papers as an independent candidate if the description on the candidate’s nomination paper is the word “Independent” or the candidate has no description on that nomination paper.

Constituency election: deceased independent candidate wins

72

(1) This rule applies if at an election mentioned in rule 71(1) the majority of votes is given to the deceased candidate.

(2) Rule 62(1) (declaration of result) does not apply and the CRO must not complete a certificate under that rule, but must—

(a) declare that the majority of votes has been given to the deceased candidate;

(b) declare that no member is returned;

(c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers; and

(d) at a Scottish parliamentary general election, forthwith notify the RRO for the region containing that constituency that the majority of votes has been given to the deceased candidate and that no member is returned for that constituency.

(3) Rule 66 (return or forfeiture of deposit) does not apply in relation to the remaining candidates.

(4) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

(5) A new notice of election (“the new notice”) must be published on the first working day after the end of the period of seven days starting on the day of the poll of the election mentioned in rule 71(1).

(6) No fresh nomination is necessary in the case of a person shown in the previous statement of persons nominated, and no other nomination may be made.

(7) The time before which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is 4 pm on the seventh working day after the day on which the new notice is published.

(8) The time for publication of the statement of persons nominated is as soon as possible after the time specified in paragraph (7).

(9) Rule 10 (deposit) does not apply.

(10) Subject to paragraphs (11) and (12), the poll is to be held on a day fixed by the CRO, which day must be in the period (“the first period”) which starts 21 working days after the day on which the new notice is published and ends 28 working days after that day.

(11) If a day in the first period is 22nd December or 3rd January, the CRO may fix the day of the poll to be held in the period which starts 25 working days after the day on which the new notice is published and ends 32 working days after that day.

(12) If the last day of the first period would fall within the period of three months referred to in section 9(4) of the 1998 Act, then no poll is to be held.

(13) For the purposes of this rule—

(a) a working day is a day which is not a day specified in rule 2; and

(b) “previous statement of persons nominated” means the statement of persons nominated and standing nominated published under rule 18 in operation at the time of the death of the deceased candidate.

Constituency election: deceased independent candidate with equality of votes

73

In an election mentioned in rule 71(1), if—

(a) rule 60 (equality of votes) applies; and

(b) any of the candidates to whom that rule applies is a deceased candidate,

the deceased candidate must be ignored.

Constituency election: death of party candidate

74

(1) This rule applies if—

(a) at a contested constituency election proof is given to the CRO’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate on the ballot paper has died; and

(b) that person is standing in the name of a registered party.

(2) The CRO must—

(a) countermand the notice of poll; or

(b) if polling has begun, direct that the poll be abandoned.

(3) At a Scottish parliamentary general election, the CRO must forthwith notify the RRO for the region containing that constituency that the notice of the poll at that constituency election has been countermanded or, as the case may be, that the poll has been abandoned and that no member is returned for that constituency.

(4) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

(5) A new notice of the election (“the new notice”) must be published on the first working day after the end of the period of seven days starting on the day the proof is given to the CRO.

(6) No fresh nomination is necessary in the case of a person shown in the previous statement of persons nominated.

(7) No other nomination may be made except for a person standing in the name of the same registered party in whose name the deceased candidate was standing.

(8) The time before which a nomination mentioned in paragraph (7) may be delivered is 4 pm on the seventh working day after the day on which the new notice is published.

(9) The time before which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) or in pursuance of paragraph (7) may be delivered is 4 pm on the seventh working day after the day on which the new notice is published.

(10) Subject to paragraphs (11) and (12), the poll is to be held on a day fixed by the CRO, which day must be in the period (“the first period”) which starts 21 working days after the day on which the new notice is published and ends 28 working days after that day.

(11) If a day in the first period is 22nd December or 3rd January, the CRO may fix the day of the poll to be held in the period which starts 25 working days after the day on which the new notice is published and ends 32 working days after that day.

(12) If the last day of the first period would fall within the period of three months referred to in section 9(4) of the 1998 Act, then no poll is to be held.

(13) For the purposes of this rule—

(a) a person stands in the name of a registered party if that person’s nomination paper contains a description which is the name of a registered party;

(b) a working day is a day which is not a day specified in rule 2; and

(c) “previous statement of persons nominated” means the statement of persons nominated and standing nominated published under rule 18 in operation at the time of the death of the deceased candidate.

Regional election: death of candidate

75

(1) If at a contested election for the return of regional members proof is given to the RRO’s satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether on a registered party’s regional list or as an individual candidate) has died and as a result of that death the election becomes uncontested, then the RRO must—

(a) countermand the notice of poll; or

(b) if the polling has begun, direct that the poll be abandoned; and

(2) Where paragraph (1) applies, the RRO shall, following receipt of the notification under rule 62(3), allocate the seats in accordance with sections 7 and 8 of the 1998 Act[^f00074].

(3) If at a contested election for the return of regional members proof is given to the RRO’s satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether on a registered party’s regional list or as an individual candidate) has died, but notwithstanding that death the election continues to be contested, the notice of poll shall not be countermanded nor shall the poll be abandoned and the death shall have no effect upon the validity of the election and return of any regional member.

(4) But where paragraph (3) applies, the RRO shall take such steps as the RRO considers reasonable to publicise in the region for which the election is held—

(a) the name of that candidate and the fact of the candidate’s death;

(b) whether that candidate was an individual or party list candidate; and

(c) if the candidate was a party list candidate, the name of the registered party for which the candidate was such a candidate,

and the RRO shall, in particular, consider whether the RRO should publicise as required by this rule by causing notices to be placed outside the polling stations.

(5) In respect of an election to which paragraph (1) or (3) applies, rules 41(1)(a) to (c) (admission to polling station: candidates, election agents and polling agents) and 54(3)(b) to (d) (attendance at counting of votes) do not apply in relation to the deceased candidate, and where the deceased candidate is an individual candidate rule 66(7) (forfeiture of deposit) also does not apply in relation to that deceased candidate.

Abandoned poll

76

(1) This rule applies to—

(a) a poll which is abandoned in pursuance of rule 71(4)(b) or 75(1)(b) as if it were a poll at a contested election;

(b) a poll which is abandoned in pursuance of rule 74(2)(b).

(2) Subject to paragraph (10) the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the CRO of ballot boxes and of ballot papers and other documents as the presiding officer is required to take on the close of the poll.

(3) The CRO must retain and dispose of ballot papers and other documents in the CRO’s possession as the CRO is required to do on the completion of the counting of the votes.

(4) It is not necessary for a ballot paper account to be prepared or verified.

(5) No step or further step is to be taken for the counting of the ballot papers or of the votes.

(6) The CRO must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order is to be made for—

(a) the production or inspection of any ballot papers; or

(b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.

(10) Where the polls at an election for the return of regional members and at an election for the return of a member for a constituency within that region are held on the same day but the poll at one election is abandoned in any of the circumstances mentioned in paragraph (1)—

(a) the steps which the presiding officer is required to take at such a polling station by paragraph (2) shall take place at the close of the poll at the other election;

(b) paragraph (3) shall have effect as if after “the CRO” there were inserted “having separated the ballot papers relating to the other election,” and

PART 7 — MISCELLANEOUS

Return of members and record of returns etc.

77

(1) The Clerk of the Parliament shall on receipt of a certificate delivered under rule 62 or 65 (declaration of results) enter the details specified in paragraph (2) in a book kept for that purpose at the Parliament (in this rule referred to as “the returns book”).

(2) The details are the name of each member returned contained in the certificate and the member’s registered party, the word “Independent” or the words “no description” as appropriate.

(3) Where the Presiding Officer of the Parliament—

(a) sends a notice under article 83 (vacancy in a constituency seat); or

(b) concludes that an election to fill a vacancy in the seat of a constituency member shall not be held because section 9(4) of the 1998 Act (constituency vacancy where latest date for holding the poll would fall in three months before next ordinary general election) applies,

the Presiding Officer shall record in the returns book the fact of the vacancy and, where sub‑paragraph (b) applies, that no election shall be held to fill the vacancy because section 9(4) of the 1998 Act applies.

(4) Where the Presiding Officer of the Parliament sends a notice under article 86 of the Scottish Parliament (Elections etc.) Order 2010[^f00075] (vacancy in a seat of a regional member returned from a registered party’s regional list), the Presiding Officer shall record in the returns book the fact of the vacancy and, on receipt of a notification under section 10(3) of the 1998 Act, the name of the member returned and the member’s registered party.

(5) Where it comes to the notice of the Presiding Officer of the Parliament that—

(a) the seat of a regional member is vacant; and

(b) the person was returned as an individual candidate,

the Presiding Officer shall record in the returns book the fact of the vacancy and that the seat (in accordance with section 10(2) of the 1998 Act (regional vacancies which are to remain vacant)) is to remain vacant until the next ordinary election.

(6) For the period referred to in paragraph (7) the returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.

(7) That period is the period starting on the day on which the first entry is made in the returns book and ending on the day on which the Parliament is dissolved or such later date as the Presiding Officer of the Parliament may, in writing, direct.

(8) A direction given by the Presiding Officer of the Parliament under paragraph (7) may be varied or revoked by a subsequent direction.

SCHEDULE 3 — ABSENT VOTING

General requirements for applications

1

(1) Applications under article 8, 9, 10 or 11 (absent votes) must be made and sent or delivered in accordance with article 87, must be dated and must state—

(a) the applicant’s name in full;

(b) except in the case of an application under article 11, the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register of electors;

(c) in the case of an application under article 11, the address of the applicant, together with the name of the elector for whom the applicant will act as proxy and the address of that elector in respect of which the elector is registered or has applied to be (or is treated as having applied to be) registered in the register of electors;

(d) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote;

(e) in the case of an application to vote by post (including an application under article 11), the address to which the ballot paper should be sent;

(f) in the case of a person who is unable to provide a signature, the reasons for the person’s request for waiver of any requirement under article 8, 9, 10 or 11 to provide a signature and the name and address of any person who has assisted the person to complete the application; and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(2) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning by configuring the information as follows—

(a) the signature shall appear against a background of white unlined paper at least five centimetres long and two centimetres high; and

(b) the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3) Where the application contains a request that the ERO waive the requirement for a signature, sub-paragraph (2)(a) shall not apply.

(4) For the purposes of sub-paragraph (1)(b), the address in respect of which the applicant is or has applied to be (or is treated as having applied to be) registered includes—

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(1)(d) of the 1983 Act[^f00076] (contents of a service declaration);

(b) in the case of a voluntary mental patient, the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act[^f00077] (notional residence: declaration of local connection);

(c) in the case of a person remanded in custody, the address of the place at which the person is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act; ...

(d) in the case of a homeless person, within the meaning of section 7B(2)(c) of the 1983 Act, or of a person to whom section 7B(2A) of the 1983 Act[^f00078] applies, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.

(e) in the case of a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.

(5) An application under article 9(1), (2) or (4), 10(7) or 11(4) or (6) shall specify the election in respect of which it is made.

(6) An application under article 9(1), (2) or (4) shall also specify whether it is for an indefinite period or for a particular period specified in the application.

(7) An application to vote by proxy under article 8(2) or (7) or 9(2) or (4) shall include an application for the appointment of a proxy which meets the requirements of paragraph 8.

(8) An application under article 8, 9, 10 or 11 shall comply with such further requirements of this Schedule as apply to such an application including the requirements as to time set out by paragraph 9.

Checking of signatures

2

The ERO may be satisfied that an application under article 8, 9, 10 or 11 meets any requirements that it has been signed by the applicant and states the applicant’s date of birth by referring to any signature and date of birth previously provided by the applicant to—

(a) the ERO or a returning officer; or

(b) the local authority by which the ERO was appointed, if held by that local authority in records which the ERO is authorised to inspect for the purposes of the ERO’s registration duties.

Provision of fresh signatures

3

(1) A person who remains on the record kept under article 8(4) or article 11(5) may, at any time, provide the ERO with a fresh signature.

(2) Anything required or authorised to be done for the purposes of this Order in relation to a signature required to be provided in pursuance of this Order must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)

4

(1) Sub-paragraph (3) applies to an application under—

(a) article 9(4)(a) by a person shown as voting by post in the record kept under article 8(4); or

(b) article 11(6) by a person shown as voting by post in the record kept under article 11(5),

for the person’s ballot paper to be sent to a different address from the address shown in that record.

(2) Sub-paragraph (3) also applies where—

(a) in the case of an application to vote by post under article 8(1) or (7) or article 9(1), the address stated in accordance with paragraph 1(1)(b) and the address stated in accordance with paragraph 1(1)(e) are different;

(b) in the case of an application by a proxy to vote by post under article 11(4) the proxy’s address stated in accordance with paragraph 1(1)(c) and the address stated in accordance with paragraph 1(1)(e) are different.

(3) Subject to sub-paragraph (4), the application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(4) This paragraph does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for proxy vote on grounds of disability

5

(1) An application to vote by proxy under article 8(2), as read with article 8(3)(c) (application by reason of blindness or other disability), must specify the disability by reason of which the application is made.

(2) Subject to sub-paragraphs (3) and (6), such an application shall be attested and signed by—

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001[^f00079] by virtue of qualifications in nursing;

(d) a registered dispensing optician or a registered optometrist as defined by section 36(1) of the Opticians Act 1989[^f00081];

(e) a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010[^f00082];

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993[^f00083];

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994[^f00084];

(h) a Christian Science practitioner;

(i) a person registered as a member of a profession to which the Health Professions Order 2001 for the time being extends;

(j) the person managing a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010[^f00086];

(k) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that the applicant resides in such premises;

(l) a manager (or a person on behalf of a manager) within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00087] responsible for the administration of a hospital within the meaning of that section; or

(m) a person registered as a social worker in the register maintained in accordance with section 44 of the Regulation of Care (Scotland) Act 2001[^f00088].

(3) A person (“P”) who qualifies—

(a) by virtue of any of paragraphs (a) to (i) of sub-paragraph (2) may not attest an application for these purposes unless—

(i) P is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from P in respect of that disability; or

(b) by virtue of paragraph (m) of sub-paragraph (2) may not attest an application for these purposes unless—

(i) P is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from P in respect of that disability; or

(iii) P has arranged care or assistance for the applicant in respect of that disability.

(4) The person (“Q”) attesting an application under sub-paragraph (2), other than a person attesting by virtue of sub-paragraph (2)(l), shall state—

(a) Q’s name and address and the qualification by virtue of which Q attests the application;

(b) where Q is a person referred to in sub-paragraph (3)(a), that Q is treating the applicant for the disability specified in the application or that the applicant is receiving care from Q in respect of that disability;

(c) where Q is a person referred to in sub-paragraph (3)(b), that Q is treating the applicant for the disability specified in the application, that the applicant is receiving care from Q in respect of that disability, or that Q has arranged care or assistance for the applicant in respect of that disability;

(d) that, to the best of Q’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the applicant’s allotted polling station or to vote unaided there, by reason of that disability; and

(e) that, to the best of Q’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by Q.

(5) A manager (or a person on behalf of a manager) attesting an application under sub-paragraph (2)(l) shall state—

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

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

(c) the position of the manager in the hospital at which the applicant is liable to be detained or at which the applicant is receiving treatment;

(d) the statutory provision under which the applicant is detained, or liable to be detained, at the hospital, where applicable;

(e) that, to the best of the manager’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the applicant’s allotted polling station or to vote unaided there, by reason of that disability; and

(f) that, to the best of the manager’s knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the manager attesting the application.

(6) Sub-paragraphs (2) to (5) shall not apply where—

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority, which is specified in the application; ...

(aa) the application states that the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application, ...

(b) the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992[^f00089]), armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011[^f00090] or the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012[^f00091]) because of the disability specified in the application , ...

(c) the application states that the applicant is in receipt of the enhanced rate of the mobility component of adult disability payment in accordance with regulation 6 (mobility component) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, or short-term assistance (payable in accordance with Part 1 of schedule 2 (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the enhanced rate of the mobility component of adult disability payment because of the disability specified in the application or

(d) the application states that the applicant is in receipt of higher rate of the mobility component of Scottish adult disability living allowance (payable under regulation 8 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, or short-term assistance (payable in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of schedule 1 (entitlement to short-term assistance) of those Regulations awarded the higher rate of the mobility component of Scottish adult disability living allowance because of the disability specified in the application,

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

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

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

6

(1) An application to vote by proxy for a particular or indefinite period under article 8(2), as read with article 8(3)(d), (application by reason of occupation, service, employment or attendance on a course provided by an educational institution) must state—

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

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

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

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

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

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

(i) is aged 16 years or over;

(ii) knows the employed person; and

(iii) is not related to the employed person;

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

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

(3) For the purposes of this paragraph and paragraph 7 one person is related to another if the person is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

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

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

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

(5) P shall also state—

(a) in the case of a person who attests an application under sub-paragraph (2)(a), P’s name and address, and that P is aged 16 years or over, knows the employed person, but is not related to the employed person;

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

Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution

7

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

(2) Where such an application is made on the grounds of the applicant’s disability and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a) the requirements of paragraph 5 as to the matters to be specified and the attestation shall apply; and

(b) the person who attests the application shall also state, to the best of the person’s knowledge and belief, the date upon which the applicant became disabled.

(2A) Sub-paragraph (2B) applies where such an application (or an application under article 10(7) made by virtue of that application) is made after 5 pm on the sixth day before the date of a poll at the election for which it is made and on the grounds that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station because—

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

(b) of a disability suffered after that date.

(2B) The application must, in addition to providing the information required by sub-paragraph (1)—

(a) state the reasons why the applicant was unable to make the application before 5 pm on the sixth day before the date of the poll at the election for which it was made, and

(b) satisfy the requirements of paragraph 5(2).

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where such an application is made by a person to whom paragraph 2(5A) of Schedule 4 to the 2000 Act[^f00092] (mental patients who are not detained offenders) applies and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a) the requirements of paragraph 5 as to the matters to be specified and the attestation shall apply;

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

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

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

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

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

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

(4) Where such an application is made on grounds relating to the applicant’s occupation, service or employment and it is made after 5 pm on the sixth day before the date of a poll at the election for which it is made—

(a) the application must, in addition to providing the information required by sub-paragraph (1), state—

(i) where the applicant is self-employed, that fact, and, in any other case, the name of the applicant’s employer;

(ii) that the reason provided in accordance with sub-paragraph (1) relates to the applicant’s occupation, service or employment; and

(iii) the date on which the applicant became aware of that reason; and

(b) the application must be attested in accordance with sub-paragraphs (5) to (7), unless the applicant is or will be registered as a service voter.

(5) An application to which sub-paragraph (4) applies must be attested and signed—

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

(i) is aged 16 years or over;

(ii) knows the applicant; and

(iii) is not related to the applicant;

(b) where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(6) The person (“P”) attesting an application under sub-paragraph (5) must certify that the statements required by sub-paragraph (4)(a) and the information required by sub-paragraph (1) are true to the best of P’s knowledge and belief.

(7) P shall also state—

(a) P’s name and address;

(b) where the applicant is self-employed, that fact and that P is aged 16 years or over and that P knows, but is not related to, the applicant; and

(c) where the applicant is not self-employed, that P is the applicant’s employer or the position P holds in the employment of P’s employer.

(7A) Sub-paragraph (7B) applies where an application under article 9(2) to vote by proxy at a particular election—

(a) is made on grounds relating to the applicant's detention in a penal institution, and

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

(7B) The application must, in addition to providing the information required by sub-paragraph (1), state—

(a) that the applicant is detained in a penal institution, and

(b) the name of the penal institution at which the applicant is detained.

(7C) Sub-paragraph (7D) applies where such an application (or an application under article 10(7) made by virtue of that application) is made after 5 pm on the sixth day before the date of the poll at the election for which it is made and on the grounds that the applicant cannot reasonably be expected to vote in person at the applicant’s allotted polling station because—

(a) the applicant is acting as a companion to another person, whilst that person is receiving medical care or treatment, and

(b) the medical care or treatment will take place, or is likely to take place, on the date of the poll for the election for which the application was made.

(7D) An application to which sub-paragraph (7C) applies must be attested and signed by a person who—

(a) is aged 16 years or over,

(b) knows the applicant, and

(7E) The person (“P”) attesting an application under sub-paragraph (7D) must—

(a) certify that the information required by sub-paragraph (1) is true to the best of P’s knowledge and belief,

(b) state—

(i) P’s name and address,

(ii) that P is aged 16 years or over,

(iii) that P knows, but is not related, to the applicant,

(iv) the reasons why the applicant was unable to make the application before 5 pm on the sixth day before the date of the poll at the election for which it is made.

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

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

8

An application for the appointment of a proxy under article 10(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as the applicant’s proxy, together with the person’s family relationship, if any, with the applicant, and—

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

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

Closing dates for applications

9

(1) An application—

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

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

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

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

(2) An application—

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

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

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

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

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

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

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

(3A) Sub-paragraphs (2) and (3) do not apply to the application permitted by paragraph 7A(2) and sub-paragraph (6) does not apply to any notice under article 10(9) for cancellation of the related proxy appointment, but that application must be refused if it is made later than 5 pm on the day of the poll at the election.

(4) Where an application to vote by proxy under article 9(2) is made—

(a) on the grounds set out in paragraph 7(2) or (2A) and the applicant—

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

(ii) could not be reasonably expected to have made an application before 5 pm on the sixth day before the date of the poll at the election for which it is made by virtue of a disability suffered before that date,

(b) on the grounds set out in paragraph 7(4) and the applicant became aware of those grounds after 5 pm on the sixth day before the date of the poll at the election for which it is made,

(c) on the grounds set out in paragraph 7(7A) and the applicant became detained in a penal institution after 5 pm on the sixth day before the date of the poll at the election for which it is made,

(d) on the ground set out in sub-paragraph (4A) and the applicant became aware of that ground after 5 pm on the sixth day before the date of the poll at the election for which it is made, or

(e) by a person to whom paragraph 2(5A) of schedule 4 of the 2000 Act (mental patients who are not detained offenders) applies,

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

(4A) The ground referred to in sub-paragraph (4)(d) is that the applicant’s circumstances on the date of the poll will 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 the appropriate rules as a result of following Scottish Government advice or the advice of a registered medical practitioner in relation to coronavirus.

(4B) In sub-paragraph (4A) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

(4C) The Scottish Ministers must review the need for the provision made by sub-paragraphs (4A) and (4B) at least once every year, with the first review being carried out within one year of the Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 coming into force.

(4D) Sub-paragraphs (4A) and (4B) cease to have effect at the end of the period of 2 years beginning with the day on which that Order comes into force.

(5) An application—

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

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

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

(6) The following, namely—

(a) an application under article 8(5)(a) by an elector to be removed from the record kept under article 8(4);

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

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

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

(a) a Saturday or a Sunday;

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

shall be disregarded.

Grant or refusal of applications for a postal or proxy vote

10

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

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

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

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

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

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

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

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

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

Notice of appeal

11

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

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

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

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

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

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

Cancellation of proxy appointment

12

(1) Where the appointment of a proxy is cancelled by notice given to the ERO under article 10(9) or ceases to be in force under that provision or is no longer in force under article 10(10)(b), the ERO shall—

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

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

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

Inquiries by registration officer about postal and proxy voters

13

(1) The ERO may, at such times as the ERO thinks fit, make inquiries of a person who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(3)(d) or (e).

(2) The ERO may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Requirement to provide fresh signatures at five yearly intervals

14

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

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

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

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

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

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

(a) a universal postal service provider; or

(b) a commercial delivery firm,

and postage shall be prepaid.

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

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

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

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

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

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

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

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

(a) explaining the effect of such removal; and

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

Absent voting lists: form

15

(1) Subject to the provisions of this paragraph, the records kept under articles 8(4) and 11(5) and the postal voters list, list of proxies and proxy postal voters list[^f00094] shall be in such form as the ERO thinks fit.

(2) In the postal voters list the address to which a ballot paper shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of the person’s name and electoral number (except in the case of a person to whom article 9(6) applies).

(3) In the list of proxies, the name and address of the proxy shall be placed on the right hand side of the elector’s name and electoral number (except in the case of a person to whom article 9(6) applies).

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

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

Absent voting lists: supply of copies, etc.

16

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

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

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

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

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

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

(i) regulation 104[^f00095] (supply of full register etc. to local constituency parties and restrictions on use); and

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