Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

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

PDF Download

articles Not indexed

Reform history JSON API

(ii) regulation 105[^f00096] (supply of full register etc. to registered political parties etc. and restrictions on use).

(3) A request under sub-paragraph (1) shall be made in writing and shall specify—

(a) the information (or the relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(4) A person who obtains any information under this paragraph may use it only for—

(a) purposes mentioned in Article 89(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics); or

(b) electoral purposes,

and such use shall be subject to any restrictions specified in paragraph 20 or, where the request for entitlement is made by reference to entitlement under the provisions specified in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of those provisions entitled that person to obtain that information.

(5) The ERO shall supply the current copy of the information requested under sub-paragraph (1), as soon as practicable after receipt of a request that is duly made.

(6) The ERO shall supply a copy of the postal voters list or the proxy postal voters list as soon as practicable after 5 pm on the eleventh day before the day of the poll, in response to a request under sub-paragraph (1) that has been duly made.

(7) As soon as practicable after 5 pm on the sixth day before the day of the poll the ERO shall –

(a) make a copy of the postal voters list, the list of proxies and the proxy postal voters list available for inspection at the ERO’s office in accordance with paragraph 17;

(b) if the ERO is not the CRO for any constituency or part of a constituency in the area for which the ERO is the ERO, send to the CRO a copy of those lists; and

(c) supply a final copy of the postal voters list, the list of proxies or the proxy postal voters list in response to every request under sub-paragraph (1) that has been duly made.

(8) The ERO shall supply a final copy of the list of proxies, updated to include any additions to that list made in consequence of any applications granted in accordance with paragraph 9(4), as soon as practicable after 5 pm on the day of the poll, to every person who received that list in accordance with sub-paragraph (7)(c).

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a) supply a copy of the information to a processor for the purpose of processing the information; or

(b) procure that a processor processes and supplies to that person any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) A processor may not disclose the information covered by sub-paragraph (1) except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.

(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Absent voting lists: inspection

17

(1) Any person is entitled to request that the ERO make available for inspection a copy of any of the information specified in paragraph 16(1).

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

(a) the information (or the parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for inspection of any final list;

(d) the date on which the person wishes to inspect the information; and

(e) whether the person would prefer to inspect the information in a printed or data form.

(3) The ERO shall make a copy of the information available for inspection under supervision on the date requested or as soon as practicable thereafter, if the request under sub-paragraph (1) has been duly made.

(4) Where inspection requested under sub-paragraph (1) takes place by providing a copy of the information on the computer screen or otherwise in data form, the ERO shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other means.

(5) A person who inspects a copy of information provided under sub-paragraph (3), whether in printed or in data form, may not—

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

(b) record any particulars in it,

otherwise than by means of handwritten notes.

(6) Any duty on an ERO to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the ERO holds it.

Supply and inspection of absent voting lists: general provisions

18

(1) For the purposes of paragraphs 16 and 17—

(a) a “current” copy of records or lists is a copy of the records or lists as kept by the ERO at the beginning of the day it is supplied;

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

(2) The ERO must ensure that where the ERO supplies or discloses information covered by paragraph 16(1)(a) in accordance with paragraph 16 or 17, the ERO does not supply or disclose any record relating to—

(a) a person who has an anonymous entry; or

(b) the proxy of a person who has an anonymous entry.

(3) The ERO must ensure that any absent voting list supplied in accordance with paragraph 16 or 17 does not include any details of a person aged under 16 years of age, unless—

(a) the list has been requested for the purposes of an election;

(b) the notice of poll for that election has been published in accordance with rule 33 of the Scottish Parliamentary Election Rules;

(d) that person will have attained the age of 16 on or before the date of the poll for that election.

Conditions on the use, supply and inspection of absent voter lists

19

(1) This paragraph applies to—

(a) the ERO; and

(b) any person appointed to assist any such officer or who in the course of that person’s employment is assigned to assist any such officer in that officer’s registration duties.

(2) Where the ERO is also the CRO at a Scottish parliamentary election (and thereby has access to the information covered by paragraph 16(1) without being supplied with a copy of it) this paragraph also applies to—

(a) the ERO acting in that other capacity; and

(b) any person appointed to assist the CRO or who in the course of that person’s employment is assigned to assist that officer in that officer’s duties in respect of the Scottish parliamentary election.

(3) No person to whom this paragraph applies may—

(a) supply to any person a copy of the information covered by paragraph 16(1); or

(b) disclose any of that information,

otherwise than in accordance with an enactment, including this Order.

(4) Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person’s registration duties or for the purposes of an election or referendum.

20

(1) This paragraph applies to any person who has obtained access to the information covered by paragraph 16(1) by any means.

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

(a) supply a copy of the information or any part of that information;

(b) disclose any of that information; or

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

(3) The “permitted purpose” shall mean either—

(a) purposes mentioned in Article 89(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics); or

(b) electoral purposes.

(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Supply and inspection of absent voting lists: general provisions

21

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

(a) if P contravenes paragraph 16(4), 17(5), 19(3) or 20(2); or

(b) if P is an appropriate supervisor of a person (“Q”) who contravenes any of those provisions and P failed to take appropriate steps.

(2) Q is not guilty of an offence under sub-paragraph (1) if—

(a) Q had an appropriate supervisor, and

(b) Q has complied with all the requirements imposed on Q by Q’s appropriate supervisor.

(3) A person (“R”) who is not Q or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if R takes all reasonable steps to ensure that R complies with the provisions specified in sub-paragraph (1)(a).

(4) In sub-paragraphs (1)(b), (2) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which Q is employed or under whose direction or control Q is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).

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

The personal identifiers record

22

(1) The ERO shall maintain a record (“the personal identifiers record”), apart from the other records and lists which the ERO is required to keep under articles 8, 9 and 11, of the signatures and dates of birth provided by persons whose applications under article 8(1) or (2), article 9(1) or (2) or article 11(4) were granted, until the expiry of twelve months from—

(a) the date on which a person is removed from the record kept pursuant to article 8(4) or article 11(5); or

(b) the date of the poll for the purposes of which the person’s application to vote by post or by proxy or to vote by post as proxy was granted under article 9(1) or (2) or article 11(4).

(2) The personal identifiers record shall contain the following information in respect of each absent voter on the postal voters list, the list of proxies or the proxy postal voters list—

(a) the absent voter’s name;

(b) the absent voter’s date of birth; and

(3) The CRO may disclose information held in the personal identifiers record to—

(a) any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with, and for the purposes of, paragraph 22(4) of Schedule 4;

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Political Parties Act[^f00098] (representatives of the Electoral Commission and accredited observers), but only to the extent required to permit them to observe the proceedings.

Use of personal identifier information

23

(1) The ERO must either—

(a) provide the CRO for an election with a copy of the information contained in records kept by the ERO in pursuance of articles 8(9), 9(8) and 11(12) in relation to electors at the election; or

(b) give the CRO access to such information.

(2) Information contained in records kept by an ERO in pursuance of articles 8(9), 9(8) and 11(12) may be disclosed by the ERO to—

(a) any other ERO if the first ERO thinks that to do so will assist the other ERO in the performance of the other ERO’s duties; or

(b) any other person exercising functions in relation to the preparation or conduct of legal proceedings under this Order.

Marked register for polling stations

24

To indicate that an elector or the elector’s proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.

Notification of a rejected postal voting statement

25

(1) Where the ERO receives a copy of a list of rejected postal voting statements compiled under paragraph 25(4) of Schedule 4 from a CRO, the ERO must use that information for the purposes of sub-paragraphs (2) and (5), and must not use that information for any other purpose.

(2) Where an absent voter (whether an elector or a proxy) appears on that list—

(a) the ERO must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the CRO was not satisfied that the postal voting statement issued for that ballot paper was duly completed;

(b) the ERO must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c) the notification must include information as to which of the specified reasons referred to in paragraph 25(5) applied to the absent voter’s postal voting statement.

(3) The ERO is not obliged to send notification—

(a) to any person who is no longer shown as voting by post in the records kept under article 8(4) or article 11(5) at the time the ERO proposes to send out the notification; or

(b) where the ERO suspects that an offence may have been committed in relation to the postal ballot paper, postal voting statement or the absent voter’s registration as an elector.

(4) A notification under sub-paragraph (2) may also include any other information that the ERO considers appropriate, but must not include information held on the personal identifiers record.

(5) Where an absent voter is notified that the reason for rejection of their postal voting statement was that the signature did not match the example held on the personal identifiers record, the ERO may request a fresh signature from the absent voter.

(6) No person is to be allowed to inspect the copy of the list received by the ERO, and the ERO must cause it to be destroyed as soon as practicable after the purposes in sub-paragraphs (2) and (5) have been served and, in any event, within four months of its receipt.

SCHEDULE 4 — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

1

For the purposes of this Schedule, unless the context otherwise requires—

“agent” includes an election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 10;

“issue” includes the original and any subsequent issue;

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

“postal voter” means a voter who is entitled to vote by post (and includes a proxy postal voter);

“postal voters’ ballot box” means the ballot box referred to in paragraph 17(1)(a);

“receptacle for ballot paper envelopes”, “receptacle for postal voting statements (verification procedure)”, “receptacle for rejected ballot paper envelopes”, “receptacle for rejected votes” and “receptacle for rejected votes (verification procedure)” mean, respectively, the receptacles referred to in paragraph 17(5);

“spoilt ballot paper” means a ballot paper referred to in paragraph 13(1); and

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph 22, the CRO is satisfied has been duly completed.

Combination of polls

2

Where the polls at elections are taken together under article 13(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.

Form of postal voting statement

3

The postal voting statement sent with the postal ballot paper to a postal voter shall be—

(a) in the form K set out in the Appendix at a Scottish parliamentary election other than one to which sub-paragraph (b) or (c) applies;

(b) in the form T set out in the Appendix at a Scottish parliamentary election where the proceedings on the issue and receipt of ballot papers are taken together with those proceedings at another election under paragraph 2; and

(c) in the form U set out in the Appendix at a Scottish parliamentary election the poll at which is taken together with a poll at another election under article 13(1) or (2) in any part of the constituency but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together.

Persons entitled to be present at proceedings on issue of postal ballot papers

4

(1) Without prejudice to the provisions of section 6A, 6B, 6C or 6D of the 2000 Political Parties Act[^f00099] (representatives of the Electoral Commission and accredited observers), no person may be present at the proceedings on the issue of postal ballot papers other than the CRO and members of the CRO’s staff.

(2) The CRO shall be the relevant officer for the purposes of section 6E of that Act (powers of a relevant officer to limit attendance and the conduct of observers).

Persons entitled to be present at receipt of postal ballot papers

5

(1) Without prejudice to the provisions of section 6A, 6B, 6C, or 6D of the 2000 Political Parties Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

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

(b) a candidate for return as a constituency member or an election agent of such a candidate or any person appointed by a candidate to attend in the election agent’s place;

(i) the RRO;

(ii) an individual candidate for return as a regional member or the candidate’s election agent or any person appointed by the candidate to attend in the election agent’s place;

(iii) the election agent for a registered party standing nominated or the nominating officer of that party or any person authorised by that officer to attend in the nominating officer’s place; and

(d) an agent appointed under sub-paragraph (3).

(2) The CRO shall be the relevant officer for the purposes of section 6E of the 2000 Political Parties Act.

(3) Each—

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

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and each election agent for a registered party standing nominated,

may appoint one or more agents up to the number authorised by the CRO to appoint, so, however, that the number authorised should be the same in the case of each candidate or, as the case may be, election agent for a registered party standing nominated.

(4) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the CRO before the time fixed for the opening of the postal voters’ ballot boxes.

(5) If a notice of appointment under sub-paragraph (4) states more names than are authorised by the CRO under sub-paragraph (3), the CRO must, after consulting the candidate or election agent who submitted the notice, determine which of the persons named (being the number of agents so authorised) are to be taken as having been appointed.

(6) Where postal ballot papers for more than one election are issued together under paragraph 2, the CRO to whom notice must be given under sub-paragraph (4) and sub-paragraphs (7) and (8) is the returning officer who issues the postal ballot papers.

(7) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in that agent’s place and shall forthwith give to the CRO notice in writing of the name and address of the agent appointed.

(8) Agents may be appointed and notice of appointment given to the CRO by a candidate’s election agent instead of by the candidate.

(9) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (3), who are within the number authorised by the CRO.

(10) Any of the following persons, namely—

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

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

may do any act or thing which any of that person’s agents, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.

(11) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

6

The CRO shall make arrangements to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 31(5), (7) and (8).

Time when postal ballot papers are to be issued

7

Postal ballot papers (and postal voting statements) must be issued by the CRO as soon as it is practicable to do so.

Procedures on the issue of postal ballot papers

8

(1) Each postal ballot paper issued shall bear the official mark and the name and number of the elector as stated in the polling register shall be called out, and such number shall be marked on the corresponding number list, next to the ballot paper number of the ballot paper issued to that elector, and a mark shall be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector’s proxy but without showing the particular ballot paper issued.

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

(3) Where postal ballot papers for more than one election are issued together under paragraph 2—

(a) one mark shall be placed in the postal voters list or the proxy postal voters list under sub-paragraph (1) to denote that ballot papers have been issued in respect of all of those elections, except that where ballot papers are not so issued a different mark shall be placed in the postal voters list or proxy postal voters list to identify the election in respect of which the ballot paper was issued; and

(b) the number of each ballot paper shall be marked on the postal voting statement under sub-paragraph (2).

(4) Where the poll at a Scottish parliamentary election is taken with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the colours of the postal ballot papers (or, as the case may be, the colour of the postal ballot paper) shall also be marked on the postal voting statement sent with those papers (or as the case may be, that paper).

(5) The address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 10 are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list; and

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

(6) Where a person has an anonymous entry in the register of electors, the items specified in sub-paragraph (5) must be sent (as the case may be) to the address to which postal ballot papers should be sent—

(a) as shown in the record kept under article 8(4); or

(b) as given in pursuance of an application made under article 9(1) or (2).

Refusal to issue postal ballot paper

9

Where a CRO is satisfied that two or more entries in either the postal voters list, the list of proxies or the proxy postal voters list, or in each of those lists relate to the same elector the CRO shall not issue more than one constituency ballot paper or, as the case may be, more than one regional ballot paper in respect of the same elector in respect of the same election.

Envelopes

10

(1) The envelope which the CRO is required by rule 34 of the Scottish Parliamentary Election Rules to send to a postal voter for the return of postal ballot papers (or, as the case may be, a postal ballot paper) and the postal voting statement (referred to as a “covering envelope”) shall be marked with the letter “B”.

(2) In addition to the documents referred to in sub-paragraph (1), the CRO shall send to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with—

(a) the letter “A”;

(b) the words “Ballot paper envelope”; and

(3) Where the poll at one election is taken together with the poll at another election under article 13(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2—

(a) the envelope referred to in sub-paragraph (1) shall also be marked “Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)”; and

(b) on the envelope referred to in sub-paragraph (2), after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper(s)”.

Delivery of postal ballot papers

11

(1) For the purpose of delivering postal ballot papers, the CRO may use—

(a) a universal postal service provider;

(b) a commercial delivery firm; or

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the CRO with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).

(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Security of marked lists

12

(1) As soon as practicable after the issue of each batch of postal ballot papers, the CRO shall make up into a packet the corresponding number list of those ballot papers which have been issued and shall seal such a packet.

(2) Until the time referred to in paragraph 20(9) for the opening of covering envelopes, the CRO shall take proper precautions for the security of the marked copy of the postal voters list and the postal proxy voters list.

Spoilt ballot paper

13

(1) If a postal voter has inadvertently dealt with that voter’s postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) the postal voter may return (either by hand or by post) to the CRO the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter shall also return—

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

(b) where two or more postal ballot papers have been issued together to the postal voter (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued, whether spoilt or not; and

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2) the CRO shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received after 5 pm on the day of the poll.

(4) Where the CRO receives the documents referred to in sub-paragraphs (1) and (2) after 5 pm on the day before the day of the poll, the CRO shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returns the documents by hand.

(5) Paragraphs 4, 5, 6 and 8 to 12 shall apply to the issue of postal ballot papers under sub-paragraph (3).

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

(7) The CRO, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(8) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the CRO may hand a replacement postal ballot paper to the postal voter;

(b) after 5 pm on the day before the day of the poll, the CRO may only hand a replacement postal ballot paper to the postal voter;

instead of delivering it in accordance with paragraph 11.

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

(a) the name and number of the elector as stated in the polling register (or in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

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

Lost postal ballot paper

14

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

(a) the postal voter’s postal ballot paper;

(b) the postal voting statement; or

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

(2) Such an application shall include evidence of the voter’s identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter shall return—

(a) the documents referred to in sub-paragraph (1)(a) to (c); and

(b) where two or more postal ballot papers have been issued together to the postal voter (whether at a Scottish parliamentary general election or under paragraph 2), all other ballot papers so issued,

which the postal voter has received and which have not been lost.

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

(5) The CRO, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(6) Subject to sub-paragraphs (7) and (8), where the CRO is satisfied as to the voter’s identity, the CRO shall issue another postal ballot paper or, as the case may be, postal ballot papers except where those documents are received after 5 pm on the day of the poll.

(7) The CRO may refuse to issue another postal ballot paper if the CRO—

(a) has reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return, or

(b) considers that it is reasonable for the voter to allow further time for delivery of the documents in accordance with paragraph 11.

(8) Where the application under sub-paragraph (1) is received by the CRO after 5 pm on the day before the day of the poll, the CRO shall only issue another postal ballot paper, or as the case may be, ballot papers if the postal voter applies in person.

(9) The CRO must keep a list of lost postal ballot papers, containing—

(a) the name and number of the elector as stated in the polling register (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);

(b) the number of the lost postal ballot paper, the numbers of any ballot papers returned along with it, and the numbers of all replacement ballot papers issued under this paragraph; and

(10) Paragraphs 4, 5, 6 and 8 to 12 shall apply to the issue of replacement postal ballot papers under sub-paragraph (6).

(11) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the CRO may hand a replacement postal ballot paper to the postal voter; or

(b) after 5 pm on the day before the day of the poll, the CRO may only hand a replacement postal ballot paper to the postal voter,

instead of delivering it in accordance with paragraph 11.

(12) Where the CRO issues another postal ballot paper or, as the case may be, postal ballot papers under sub-paragraph (6), the lost or unreceived ballot paper shall be void and of no effect.

Cancellation of postal ballot papers

15

(1) Where, after the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, an application is granted that—

(a) will result in a voter being removed from the postal voters list or the proxy postal voters list; or

(b) is an application from a person under articles 9(4)(a) or 11(6) (an application by a person, or a proxy for a person, for postal ballot papers to be sent to a different address),

and the grant of that application is not to be disregarded for the purposes of that election under paragraph 9 of Schedule 3, the ERO must notify the CRO who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application mentioned in sub-paragraph (b), must issue a replacement postal ballot paper or, as the case may be, papers.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with sub-paragraph (1) (whether to the ERO or CRO), it must be dealt with as follows—

(a) the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the ERO must be given by the ERO to the CRO;

(b) any document returned in accordance with this sub-paragraph, but not cancelled in accordance with sub-paragraph (1), must be cancelled immediately;

(c) the CRO, as soon as practicable after receiving and cancelling those documents, must make up those documents in a separate packet and seal that packet, and if on any subsequent occasion further such documents are returned, the sealed packet is to be opened and the additional cancelled documents included in it and the packet is then to be again made up and sealed.

(3) The CRO must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—

(a) the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);

(b) the numbers of all cancelled postal ballot papers;

(d) where the postal voter is a proxy, their name and address.

(4) Paragraphs 8 (except sub-paragraph (3)(a)), 10, 11 and 12 apply to a replacement postal ballot paper issued under paragraph (1).

Notice of opening of postal ballot paper envelopes

16

(1) The CRO shall give not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are to be opened, to—

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

(b) except in the case of an election to fill a vacancy in the seat of a constituency member, each individual candidate for return as a regional member and the election agent for each registered party standing nominated.

(2) Such a notice shall specify—

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

(b) the number of agents a candidate may appoint under paragraph 5(3) to attend the opening.

Postal ballot boxes and receptacles

17

(1) The CRO shall provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters’ ballot box”); and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters’ ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area for which the election is, or, as the case may be, the elections are, held.

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

(4) The CRO shall then apply the CRO’s seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The CRO shall provide the following receptacles—

(a) the receptacle for rejected votes;

(b) the receptacle for ballot paper envelopes;

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

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

(6) The CRO shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope and collection of postal votes

18

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

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

(a) has been opened; and

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

the first–mentioned envelope, together with its contents, shall be placed in a postal voters’ ballot box.

(3) The CRO may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of rule 53(2)(g) (procedure on close of poll) of the Scottish Parliamentary Election Rules the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the CRO.

(4) Where the CRO collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals.

Opening of postal voters’ ballot box

19

(1) So long as the CRO ensures that there is at least one sealed postal voters’ ballot box for the reception of covering envelopes up to the time of the close of the poll, the CRO may open the other postal voters’ ballot boxes prior to that time.

(2) Each postal voters’ ballot box shall be opened by the CRO in the presence of any agents, if in attendance.

(3) The last postal voters’ ballot box and the postal ballot box shall be opened at the counting of the votes under rule 55 of the Scottish Parliamentary Election Rules.

Opening of covering envelopes

20

(1) When a postal voters’ ballot box is opened, the CRO shall count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 18(2)).

(2) The CRO shall open separately each covering envelope (including an envelope described in paragraph 18(2)).

(3) The procedure in paragraph 22 applies where a covering envelope (including any envelope to which paragraph 18(2) applies) contains a postal voting statement.

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

(5) Where a covering envelope does not contain a postal voting statement (whether separately or not), the CRO shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(6) In carrying out the procedures in this paragraph and paragraphs 22 to 26, the CRO and the CRO’s staff—

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

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

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

(8) A mark made under sub-paragraph (7) shall be distinguishable from and shall not obscure the mark made under paragraph 8(1) or (3)(a).

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

Confirming receipt of postal votes and postal voting statements

21

(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may request, at any time before the close of the poll, that the CRO confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote or votes have been returned; and

(b) whether the number of the ballot paper or papers issued to the elector or the elector’s proxy have been recorded on either of the lists of rejected votes kept by the CRO under sub-paragraphs (2) and (3) of paragraph 25.

(2) The CRO shall establish whether any such request has been made by the elector or their proxy, and if it is so established shall provide confirmation of the matters specified in sub-paragraph (1).

Procedure in relation to postal voting statements: personal identifier verification

22

(1) This paragraph applies in the circumstances described in paragraph 20(3).

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

(3) Where the CRO establishes that the postal voting statement is not duly completed, the CRO shall mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope, but there is a ballot paper, that ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

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

(a) show it to at least one agent for each candidate or registered party represented at the proceedings, or to a candidate instead of the candidate’s agent;

(b) permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed; and

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

(6) Where—

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

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the CRO shall open the envelope.

(7) Sub-paragraph (8) applies where—

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

(b) the ballot paper envelope has been opened under paragraph 20(4) or sub-paragraph (6).

(8) In the circumstances described in sub-paragraph (7), the CRO shall place—

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

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

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper; or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the statement to indicate which ballot paper is missing;

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

Opening of ballot paper envelopes

23

(1) The CRO shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The CRO shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;

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

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper or papers).

Retrieval of cancelled postal ballot papers

24

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

(a) in a postal voters’ ballot box;

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

the CRO shall proceed as follows.

(2) The CRO shall, on at least one occasion on which a postal voters’ ballot box is opened in accordance with paragraph 19, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper;

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

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

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

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 13(7); and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 55 of the Scottish Parliamentary Election Rules, re-seal the postal ballot box in the presence of the agents.

Lists of rejected postal ballot papers

25

(1) In respect of any election, the CRO shall keep three separate lists relating to rejected postal ballot papers.

(2) In the first list, the CRO shall record the ballot paper number of any postal ballot paper which is not accompanied by a valid postal voting statement.

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

(4) In the third list, the CRO shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and the address of the proxy if the elector has a proxy);

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);

(d) any other information relating to the rejection that the CRO considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are—

(a) the signature does not match the example held on the personal identifiers record;

(b) the date of birth does not match the one held on the personal identifiers record;

(d) the date of birth field is blank.

Checking of lists kept under paragraph 25

26

(1) Where the CRO receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the CRO shall from time to time prior to the close of the poll, check the list kept under paragraph 25(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is (or are) entered in that list.

(2) Where the CRO receives a postal ballot paper without the postal voting statement relating to it, the CRO may, at any time prior to the close of the poll, check the list kept under paragraph 25(3) to see whether the number of that ballot paper is entered in that list.

(3) The CRO shall conduct the checks described in sub-paragraphs (1) and (2) as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 53 of the Scottish Parliamentary Election Rules.

(4) Where the ballot paper number in the list matches the number of a valid postal voting statement or, as the case may be, a postal ballot paper, the CRO shall retrieve the relevant statement or paper.

(5) The CRO shall then take the appropriate steps under this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Sealing of receptacles

27

(1) As soon as practicable after the completion of the procedure under paragraph 26(3) and (4), the CRO shall make up into separate packets the contents of—

(a) the receptacle for rejected votes;

(b) the receptacle for rejected ballot paper envelopes;

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

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

and shall seal up such packets.

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

Abandoned poll

28

(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the CRO—

(a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule; and

(b) shall, notwithstanding paragraphs 20, 22 and 23, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Sub-paragraph (1) shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2.

Retention of documents by CRO

29

(1) The CRO shall retain together with the documents specified in rule 68(1) of the Scottish Parliamentary Election Rules—

(a) any packets referred to in paragraphs 12, 13(7), 14(5), 15(2) 20(9) and 27, subject to paragraph 28, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral ward for which the election (or elections) was (or were) held;

(b) a completed statement in form V set out in the Appendix on absent voting at the poll, including the number of postal ballot papers issued and returned; and

(2) Where—

(a) any covering envelopes are received by the CRO after the close of the poll (apart from those delivered in accordance with rule 53(2)(g) of the Scottish Parliamentary Election Rules);

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or

the CRO shall put them unopened in a separate packet, seal up such packet and endorse and retain it in the manner described in sub-paragraph (1).

(3) Rules 67, 68, 69 and 70(1) of the Scottish Parliamentary Election Rules shall apply to any packet or document retained under this paragraph, but in applying rules 69 and 70 to the list compiled under paragraph 25(4), this list and any extracts from it are to be treated as if they were counted ballot papers.

(4) A copy of the statement referred to in sub-paragraph (1)(b) shall be provided by the CRO to the Scottish Ministers and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after the day of the poll.

Forwarding of a rejected ballot paper list by CRO

30

Before the CRO seals up the counted and rejected ballot papers as provided for by rule 67 of the Scottish Parliamentary Election Rules, the CRO must send a copy of the list compiled under paragraph 25(4) to the ERO.

SCHEDULE 5 — COMBINATION OF POLLS

PART 1 — GENERAL

Returning officers and polling stations

1

(1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are taken together under article 13(1)—

(a) those functions of the returning officer at the local government election which are specified in paragraph 2 shall be discharged by the CRO for the Scottish parliamentary election for such part of the local government area as is situated in the Scottish parliamentary constituency; and

(b) only polling stations used for the Scottish parliamentary election shall be used for the local government election.

(2) Where the polls for related areas are taken together under article 13(2)—

(a) the returning officers for those elections shall decide which returning officer shall discharge in the area in which the polls are combined (“the combined area”) those functions of the other which are specified in paragraph 2; and

(b) the only polling stations which shall be used in the combined area at such elections are the polling stations used at the election for which the returning officer who discharges the functions referred to above acts as returning officer.

Functions at combined polls

2

(1) The functions referred to in paragraph 1 are the functions conferred or imposed—

(a) at a Scottish parliamentary election by those rules in the Scottish Parliamentary Election Rules which are specified in sub-paragraph (2); and

(b) at a local government election, by those rules in the rules made under sections 3 and 16 of the Local Governance (Scotland) Act 2004[^f00100] which correspond to the provisions specified in sub-paragraph (2),

and, where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, the functions conferred or imposed by that Schedule and by Part 5 of the 2001 Regulations[^f00101].

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

(a) rule 33(2)(a) (notice of situation of polling stations);

(b) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, rule 34 (postal ballot papers);

(d) rule 36(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e) rule 38 (equipment of polling stations);

(f) rule 40(1) (notification of requirement of secrecy at polling station);

(g) rule 41(4) (signature of certificate as to employment);

(h) rule 42(2)(b) (authorisation to order removal from polling station); and

(i) in rule 55 paragraph (1) (the count) (as substituted by paragraph 18 of this Schedule) and paragraph (5).

Modification of provisions about expenses in this Order and the 1983 Act

3

(1) Where those functions of a returning officer at an election which are specified in paragraph 2 are discharged by the returning officer at another election under paragraph 1, references to the returning officer or the returning officer’s charges or expenditure—

(a) in article 18 (payments by and to returning officers) and article 19 (taxation of returning officer’s accounts); and

(b) in subsections (5) and (6) of section 42 of the 1983 Act (expenses at local elections),

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and to that returning officer’s charges or expenditure in respect of those functions.

(2) The references in article 18(7) and section 42(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2 and in respect of the remuneration of presiding officers and clerks, include a reference to the returning officer who under paragraph 1 discharges those functions at the local government election.

(3) In relation to elections the polls at which are taken together under article 13(1) or (2), the Scottish Ministers may in regulations made under article 18(2) include special provision for services rendered, or expenses incurred, in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.

PART 2 — MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES

Modifications of the Scottish Parliamentary Election Rules: general provision

4

Where the poll at a Scottish parliamentary election is taken with the poll at a local government election under article 13(1) or (2), the Scottish Parliamentary Election Rules shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Colour of ballot papers where polls combined

5

After rule 28 there shall be added—

(28A) The ballot paper to be used at a local government election the poll for which is taken together with the poll at a Scottish parliamentary election shall be of a different colour from that of any ballot paper to be used at the Scottish parliamentary election.

Rule 33 (notice of poll)

6

At the end of rule 33 there shall be added—

(3) The notice published under paragraph (2) shall— (a) state that the poll at the Scottish parliamentary election is to be taken together with the poll at a local government election; (b) specify the relevant local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and (c) where the polls are to be taken together in part of a Scottish parliamentary constituency only, specify that part.

Rule 37 (issue of official poll cards)

7

At the end of rule 37 there shall be added—

(6) An official poll card issued under this rule may be combined with any official poll card or notification issued at a local government election.

Rule 38 (equipment of polling stations)

8

(1) After paragraph (1) of rule 38 there shall be added—

(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the poll at the Scottish parliamentary election.

(2) In paragraph (11) of that rule, for “form N1” there shall be substituted “form N2”.

(3) In paragraph (12) of that rule, for “form O” there shall be substituted “form W”.

Rule 39 (appointment of polling and counting agents)

9

After paragraph (6) of rule 39 there shall be added—

(6A) Notices of the appointment of polling agents which are required by paragraphs (4), (5) and (6) to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5.

Rule 44 (questions to be put to voters)

10

(1) In paragraph (1) of rule 44, in questions 1(b), 2(b) and 4 before “election” there shall be inserted “Scottish parliamentary”.

(2) In paragraph (1) of rule 44, in question 3(b) after “elsewhere” there shall be inserted “at this Scottish parliamentary election”.

Rule 46 (voting procedure)

11

At the end of rule 46 there shall be added—

(8) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same copy of the polling register may be used under paragraph (2) for each election and one mark may be placed in that register under paragraph (2)(c) or in the list of proxies under paragraph (2)(d) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the polling register or, as the case may be, list of proxies so as to identify the election in respect of which the ballot paper was issued.

Rule 47 (votes marked by presiding officer)

12

At the end of rule 47 there shall be added—

(5) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Rule 48 (voting by persons with disabilities)

13

At the end of rule 48 there shall be added—

(9) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same list of voters with disabilities assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Rule 49 (tendered ballot papers)

14

At the end of rule 49 there shall be added—

(11) Where the poll at a Scottish parliamentary election is taken together with a poll at a local government election the same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

Rule 52 (adjournment of poll in case of riot)

15

In rule 52(1) for “CRO” there shall be substituted—

returning officer who discharges the functions specified in paragraph 2 of Schedule 5

Rule 53 (procedure on close of poll)

16

After rule 53(2) there shall be added—

(2A) The contents of the packets referred to in paragraph (2)(a), (b), (d) and (g) shall not be combined with the contents of packets made up under the corresponding rule that applies at a local government election; nor shall the statement prepared under paragraph (4) be so combined. (2B) References to the CRO in paragraph (2) are references to the CRO who discharges the functions specified in paragraph 2 of Schedule 5.

Rule 54 (attendance at counting of votes)

17

(1) For paragraphs (1) and (2) of rule 54 there shall be substituted the following paragraphs—

(1) Where the CRO at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5, the CRO shall make arrangements for discharging the functions under rule 55 (as amended by paragraph 18 of Schedule 5) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election as soon as practicable after the close of the poll and for thereafter counting the votes at the Scottish parliamentary election in the presence of those agents, 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. (1A) Where paragraph (1) applies, the CRO shall give to those counting agents notice in writing of the time and place at which the CRO will begin to discharge the functions under rule 55 (as so amended). (2) Where the CRO at the Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5, the CRO shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to the CRO by the returning officer who does discharge those functions, 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. (2A) Where paragraph (2) applies, the CRO shall give to those counting agents notice in writing of the time after which the CRO will begin to count the votes if by then the CRO has received the ballot papers and of the place at which that count will take place.

(2) In rule 54(3), before “at the counting of the votes” there shall be inserted—

at the proceedings described in rule 55(1) (as substituted by paragraph 18 of Schedule 5)or

(3) In rule 54(4), before “at the counting of the votes” there shall be inserted—

at the proceedings described in rule 55(1) (as so substituted) or

(4) In rule 54(4)(a) before “the efficient” there shall be inserted—

the efficient separating of the ballot papers or, as the case may be,

Rule 55 (the count)

18

For rule 55(1) there shall be substituted—

(1) Where the CRO at the Scottish parliamentary election discharges the functions specified in paragraph 2 of Schedule 5 the CRO shall— (a) in the presence of the counting agents appointed for the purposes of the Scottish parliamentary election open each ballot box; (b) separate the ballot papers relating to the Scottish parliamentary election from the ballot papers relating to the local government election; (c) make up into packets the ballot papers for the local government election (including any postal ballot papers which have been duly returned) and seal them up in separate containers endorsing on each a description of the polling station to which the ballot papers relate; (d) in the presence of the counting agents appointed for the purpose of the Scottish parliamentary election, record separately the number of constituency ballot papers there are in each box and the number of regional ballot papers there are in each box; (e) in the presence of those election agents verify each ballot paper account in relation to the ballot papers for the Scottish parliamentary election; (f) count such of the constituency postal ballot papers and regional 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; (g) deliver or cause to be delivered to the returning officer at the local government election to which the ballot papers relate— (i) the containers referred to in sub-paragraph (c), together with a list of them and of the contents of each; and (ii) the ballot paper accounts, and (h) at the same time deliver, or cause to be delivered, to that returning officer the packets which so relate containing— (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; (iii) the certificates as to employment on duty on the day of the poll; and (iv) where there are separate completed corresponding number lists for each election, the corresponding number lists of the used ballot papers. (1A) Where a CRO at a Scottish parliamentary election does not discharge the functions specified in paragraph 2 of Schedule 5 the CRO shall— (a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 54(2A) (as substituted by paragraph 17(1) of Schedule 5), in the presence of the counting agents open each container and record separately the number of constituency ballot papers there are in each container and the number of regional ballot papers there are in each container; (b) in the presence of the election agents appointed for the purposes of the election verify each ballot paper account; (c) count such of the constituency postal ballot papers and regional 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.

Rule 69 (orders for production of documents and records)

19

After paragraph (8) of rule 69 there shall be added—

(9) Paragraph (8) does not apply to a sealed packet of the completed corresponding number lists used at a local government election and at a Scottish parliamentary election in respect of which an order has been made under rule 59 of Schedule 1 to the Scottish Local Government Elections Order 2011[^f00102].

Countermand or abandonment of poll etc. on death of candidate

20

(1) After rule 75 (regional election: death of candidate) there shall be added—

(75A) The countermanding of a notice of poll or a direction that polling is abandoned under rule 71(4), 74(2) or 75(1) shall not affect the poll at a local government election which is taken together with a poll at a Scottish Parliamentary election under article 13(1) or (2).

(2) In paragraph (2) of rule 76, for “paragraph (10)” there shall be substituted “paragraphs (10) and (11)”.

(3) After paragraph (10) of rule 76 there shall be added—

(11) Where a poll at a Scottish parliamentary election is taken together with a poll at a local government election under article 13(1) or (2) but the poll at the Scottish parliamentary 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 local government election; (b) where paragraph (10) applies, paragraph (3) shall have effect as if for “other election” there were substituted “other elections”; and (c) where paragraph (10) does not apply, paragraph (3) shall have effect as if after “the CRO” there were inserted “having separated the ballot papers relating to the local government election.

PART 3 — MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

Modifications of the local elections rules: general provision

21

(1) Where the poll at a local government election is taken together with the poll at a Scottish parliamentary election under article 13(1) or (2), the rules comprised in Schedule 1 to the Scottish Local Government Elections Order 2011[^f00103] shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

(2) In this Part the rules referred to in sub-paragraph (1) are referred to as “the local elections rules”.

Rule 14 of the local elections rules (the ballot papers)

22

(1) After rule 14(2) of the local elections rules there shall be added—

(2A) The ballot paper shall be of a different colour from that of any ballot papers used at a Scottish parliamentary election the poll at which is taken together with the poll at the local government election.

(2) At the end of rule 14 of the local election rules there shall be added—

(9) References to a Scottish parliamentary election in paragraph (2A) and elsewhere in these Rules are to an election to the Scottish Parliament.

Rule 20 of the local elections rules (notice of poll)

23

At the end of rule 20 of the local elections rules there shall be added—

(5) The notice published under paragraph (4) shall— (a) state that the poll at the local government election is to be taken together with the poll at a Scottish parliamentary election; (b) specify the Scottish parliamentary constituency and region and the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held; and (c) where the polls are to be taken together in part of the local government area only, specify that part.

Rule 24 of the local elections rules (issue of official poll cards and notifications)

24

At the end of rule 24 of the local elections rules there shall be added—

(6) An official poll card or notification issued under this rule may be combined with the official poll card or notification, as the case may be, issued at a Scottish parliamentary election.

Rule 25 of the local elections rules (equipment of polling stations)

25

(1) After paragraph (1) of rule 25 of the local elections rules there shall be added—

(1A) A different ballot box shall be used for the poll at the local government election from the ballot box or ballot boxes used for the Scottish parliamentary election.

(2) For rule 25(4) of the local elections rules there shall be substituted—

(4) A notice in the form N2 set out in the Appendix to the Scottish Parliament (Elections etc.) Order 2015 shall be printed in conspicuous characters and exhibited inside and outside every polling station. (4A) In every compartment of every polling station there shall be exhibited a notice in the form W set out in the Appendix to the Scottish Parliament (Elections etc.) Order 2015. (4B) The forms referred to in paragraphs (4) and (4A) may be used with such variations as the circumstances may require.

Rule 26 of the local elections rules (appointment of polling and counting agents)

26

After rule 26(5) of the local elections rules there shall be added—

(5A) Notices of the appointment of polling agents which are required by paragraphs (3), (4) and (5) to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015.

Rule 31 of the local elections rules (questions to be put to voters)

27

(1) In paragraph (3) of rule 31 of the local elections rules, in questions 1(b), 2(b) and 4 after “this election” there shall be inserted “for this local government area”.

(2) In paragraph (3) of rule 31 of the local elections rules, in question 3(b) after “elsewhere” there shall be inserted “at the election for this local government area”.

Rule 33 of the local elections rules (voting procedure)

28

After rule 33(3) of the local elections rules there shall be added—

(3A) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Rule 34 of the local elections rules (votes marked by presiding officer)

29

After rule 34(2) of the local elections rules there shall be added—

(2A) The same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Rule 35 of the local elections rules (voting by persons with disabilities)

30

After rule 35(4) of the local elections rules there shall be added—

(4A) The same list of voters with disabilities assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

Rule 36 of the local elections rules (tendered ballot papers)

31

After rule 36(8) of the local election rules there shall be added—

(8A) The same tendered votes list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

Rule 39 of the local elections rules (adjournment of poll in case of riot)

32

At the end of paragraph (1) of rule 39 of the local elections rules there shall be inserted “who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015”.

Rule 40 of the local elections rules (procedure on close of poll)

33

After rule 40(1) of the local elections rules there shall be added—

(1A) The contents of the packets referred to in paragraph (1)(a), (b), (d) and (f) shall not be combined with the contents of the packets made up under the corresponding rule that applies at a Scottish parliamentary election; nor shall the statement prepared under paragraph (3) be so combined. (1B) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015.

Rule 41 of the local elections rules (attendance at counting of votes)

34

(1) For rule 41(1) of the local elections rules there shall be substituted—

(1) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015 the returning officer shall make arrangements for counting the votes in the presence of the counting agents after the returning officer has received the ballot papers from the returning officer who does discharge those functions, as soon as practicable after the end of the Scottish parliamentary election count, but in making such arrangements the returning officer 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. (1A) Where paragraph (1) applies, the returning officer at the local government election shall give to the counting agents notice in writing of the time after which that returning officer will begin to count the votes, if by then that returning officer has received the ballot papers, and of the place at which that count will take place. (1B) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015, the returning officer shall make arrangements for discharging the functions under rule 43(1) (as substituted by paragraph 35 of Schedule 5 to that Order) in the presence of the counting agents appointed for the purposes of the local government election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents, but in making such arrangements the returning officer 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. (1C) Where paragraph (1B) applies, the returning officer shall give to those counting agents notice in writing of the time and place at which the returning officer will begin to discharge the functions under rule 43(1) (as so substituted).

(2) In paragraph (2) of rule 41 before “at the counting of the votes” there shall be inserted “at the proceedings under rule 43(1) (as so substituted) or”.

(3) In paragraph (3) of rule 41 before “counting of the votes” in the first place where those words occur, there shall be inserted “proceedings under rule 43(1) (as so substituted) or at the,” and before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.

Rule 43 of the local elections rules (the count)

35

(1) For paragraph (1) of rule 43 of the local elections rules there shall be substituted—

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

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