Statutory Instruments 1999 No. 787
The Scottish Parliament (Elections etc.) Order 1999 - continued

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SCHEDULE 2
Article 6


SCOTTISH PARLIAMENTARY ELECTION RULES




ARRANGEMENTS OF PARAGRAPHS


PART I

PROVISIONS AS TO TIME
1. Timetable.
2. Computation of time.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
3. Notice of election.
Nomination
4. Nomination of candidate for return as a constituency member.
5. Nomination of individual candidate for return as a regional member.
6. Nomination of candidates on a regional list.
7. Constituency nomination papers: name of registered party.
8. Nomination papers and regional lists: miscellaneous.
9. Consent to nomination.
10. Deposit.
11. Place for delivery of constituency nomination papers.
12. Place for delivery of individual nomination papers and regional lists.
13. Right to attend nomination.
14. Decisions as to validity of constituency nomination papers.
15. Decisions as to validity of individual nomination papers.
16. Decisions as to validity of regional lists and as to the validity of nominations included on such a list.
17. Withdrawal of candidates.
18. Publication of statement of persons nominated as candidates for return as a constituency member.
19. Publication of statement of persons and parties nominated for return as regional members.
20. Disqualification by Representation of the People Act 1981: candidates for return as constituency members.
21. Disqualification by Representation of the People Act 1981: candidates for return as regional members.
22. Adjournment of nomination proceedings in the case of riot.
23. Method of election: candidates for return as constituency members.
24. Method of election: candidates for return as regional members.

PART III

CONTESTED ELECTIONS
General Provisions
25. Poll to be taken by ballot.
26. The ballot paper: constituency candidates.
27. The ballot paper: regional candidates.
28. Colour of ballot papers.
29. The official mark.
30. Prohibition of disclosure of vote.
31. Use of schools and public rooms.
Action to be taken before the poll
32. Notice of poll.
33. Postal ballot papers.
34. Provision of polling stations.
35. Appointment of presiding officers and clerks.
36. Issue of official poll cards.
37. Equipment of polling stations.
38. Appointment of polling and counting agents.
39. Notification of requirement of secrecy.
The poll
40. Admission to polling station.
41. Keeping of order in station.
42. Sealing of ballot boxes.
43. Questions to be put to voters.
44. Challenge of voter.
45. Voting procedure.
46. Votes marked by presiding officer.
47. Voting by blind persons.
48. Tendered ballot papers.
49. Spoilt ballot papers.
50. Adjournment of poll in case of riot.
51. Procedure on close of poll.
Counting of votes
52. Attendance at counting of votes.
53. The count.
54. Recount: constituency election.
55. Recount: regional votes in a constituency.
56. Rejected ballot papers.
57. Decisions on ballot papers.
58. Equality of votes: election for return of constituency members.
59. Conveying results of count etc. to regional returning officer.
60. Declaration of result: constituency members.

PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
61. Attendance at allocation of seats for regional members.
62. Allocation of seats.
63. Equality of votes at poll for return of regional members.
64. Declaration of results: regional members.
65. Return or forfeiture of deposit.

PART V

DISPOSAL OF DOCUMENTS
66. Sealing up of ballot papers.
67. Delivery of documents to the sheriff clerk.
68. Orders for production of documents.
69. Retention and public inspection of documents.

PART VI

DEATH OF CANDIDATE
70. Countermand or abandonment of poll etc. on death of candidate.

PART VII

MISCELLANEOUS
71. Return of members and record of returns etc.


PART I

Provisions as to time

Timetable
     1.  - (1) The proceedings at a Scottish Parliamentary election shall be conducted in accordance with the following Table - 

Proceeding Time
Publication of notice of election. Not earlier than the twenty-eighth day before the date of the poll and not later than the twenty-first day before the date of the poll.
Delivery of nomination papers. Not later than 4pm on any day after the date of the publication of the notice of election but not later than the sixteenth day before the date of the poll.
The making of objections to nomination papers. During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but - 

    (a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and

    (b) the foregoing provisions do not apply to objections made in pursuance of rules 20 or 21 below.
Delivery of notices of withdrawals of candidature. Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated. At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling. Between the hours of 7am and 10pm on the date of the poll.

    (2) In the Table in paragraph (1) above the reference to "nomination papers" includes constituency nomination papers, individual nomination papers and regional lists.

Computation of time
     2. In computing any period of time for the purposes of the Table in rule 1(1) above - 

    (a) a Saturday or Sunday;

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

    (c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971; or

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

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a constituency returning officer be obliged to proceed with the counting of votes on such a day.



PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election
     3.  - (1) The constituency returning officer shall publish notice of the election stating - 

    (a) the place and times at which constituency nomination papers are to be delivered;

    (b) that forms of such nomination papers may be obtained at that place and at those times; and

    (c) the date of the poll in the event of a contest.

    (2) The regional returning officer shall publish a notice of election stating - 

    (a) the place or places and times at which individual nomination papers and regional lists are to be delivered;

    (b) that forms of such papers and lists may be obtained at that place or those places and at those times; and

    (c) the date of the poll in the event of a contest.

    (3) A notice of election under paragraph (1) or (2) above shall state the dates by which - 

    (a) applications to vote by post or by proxy; and

    (b) other applications and notices about postal or proxy voting,

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

Nomination

Nomination of candidate for return as a constituency member
     4.  - (1) Each candidate for return as a constituency member shall be nominated by a separate nomination paper (referred to in these rules as a "constituency nomination paper"), in the form J set out in the Appendix, delivered to the constituency returning officer at the place fixed for the purpose.

    (2) The constituency nomination paper shall be signed by the candidate and by a witness to the candidate's signature.

    (3) The constituency nomination paper shall state the candidate's - 

    (a) full names;

    (b) home address in full; and

    (c) if desired, description,

and the surname shall be placed first in the list of his names.

    (4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him.

    (5) The constituency nomination paper shall also state the full name and address of the witness to the candidate's signature.

Nomination of individual candidate for return as a regional member
     5.  - (1) Each individual candidate for return as a regional member shall be nominated by a separate nomination paper (referred to in these rules as an "individual nomination paper"), in the form K set out in the Appendix, delivered to the regional returning officer at the place or a place fixed for the purpose.

    (2) The individual nomination paper shall be signed by the candidate and by a witness to the candidate's signature.

    (3) The individual nomination paper shall state the candidate's - 

    (a) full names;

    (b) home address in full; and

    (c) if desired, description,

and the surname shall be placed first in the list of his names.

    (4) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him. An individual nomination paper may not include a description of an individual candidate which is likely to lead voters to associate the candidate with a registered political party.

    (5) The individual nomination paper shall also state the full name and address of the witness to the candidate's signature.

Nomination of candidates on a regional list
     6.  - (1) A registered party's regional list of candidates to be regional members for a particular region shall be in the form L set out in the Appendix and that party shall be nominated by the submission of that list by the party's nominating officer or a person authorised in writing by him to the regional returning officer at the place or a place fixed for the purpose.

    (2) Each regional list shall include the name by which the party wishes to be known for the purposes of that election. That name need not be the party's registered name but must not be such as would be likely to lead voters to associate that party with another registered party.

    (3) That name shall not exceed 6 words in length.

    (4) Each regional list shall set out the full names and home addresses in full of each candidate included in that list and shall be accompanied by a statement of the names by which each such candidate is to be described in the regional ballot paper.

    (5) Each regional list shall include a statement that it is issued by the nominating officer of the registered party in question or by a person authorised in writing by him.

    (6) Each regional list may be accompanied by a request made by or on behalf of the nominating officer of the party in question that the regional ballot paper shall contain against the party's name the party's registered emblem (or, as the case may be one of the party's registered emblems).

    (7) In the application of this rule and rule 7 below, in relation to an election, "registered party" means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published.

Constituency nomination papers: name of registered party
     7.  - (1) A constituency nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered party unless the description is authorised by a certificate in the form M set out in the Appendix - 

    (a) issued by or on behalf of the nominating officer of the party; and

    (b) received by the constituency returning officer at some time during the period for the delivery of nomination papers set out in the Table in rule 1(1) above.

    (2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) above on behalf of a registered party's nominating officer.

Nomination papers and regional lists: miscellaneous
     8.  - (1) The constituency returning officer - 

    (a) shall supply any person with a form of constituency nomination paper at the place or a place, and during the time, for delivery of nomination papers; and

    (b) shall at any person's request prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the constituency returning officer.

    (2) The regional returning officer - 

    (a) shall supply any person with a form of individual nomination paper at the place and during the time for delivery of nomination papers; and

    (b) shall at any person's request, prepare such a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the regional returning officer.

    (3) The regional returning officer shall, on request, supply any person with a form of regional list; but it is not necessary for a regional list to be submitted in the form supplied by the regional returning officer.

Consent to nomination
     9.  - (1) Subject to paragraph (3) below a person shall not be validly nominated as a candidate for return as a constituency member unless his consent to nomination - 

    (a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of constituency nomination papers;

    (b) is attested by one witness; and

    (c) is delivered at the place, and within the time, for the delivery of constituency nomination papers.

    (2) Subject to paragraph (3)below, a person shall not be validly nominated as an individual candidate for return as a regional member or as a candidate on a registered party's regional list unless his consent to nomination - 

    (a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual nomination papers and regional lists;

    (b) is attested by one witness; and

    (c) is delivered at the place or a place, and within the time, for the delivery of individual nomination papers and regional lists.

    (3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

    (4) A candidate's consent given under this rule - 

    (a) shall state the day, month and year of his birth; and

    (b) shall state - 

      (i) that he is aware of the provisions of sections 15 to 18 of the 1998 Act and of any Order in Council made under section 15 of that Act;

      (ii) that to the best of his knowledge and belief he is not disqualified for membership of the Scottish Parliament;

      (iii) in the case of a candidate for return as a constituency member, that he is aware of the provisions of section 5(2) and 9(6) of the 1998 Act and that, to the best of his knowledge and belief, he may stand as a candidate to be a member for that constituency;

      (iv) in the case of a candidate on a registered party's regional list, that he is aware of the provisions of section 5(7) of the 1998 Act and that, to the best of his knowledge and belief, he may be included in that list;

      (v) in the case of an individual candidate for return as a regional member, that he is aware of the terms of section 5(8) of the 1998 Act and, to the best of his knowledge and belief, he may stand as an individual candidate to be a regional member for that region.

Deposit
     10.  - (1) A person shall not be validly nominated as a candidate for return as a constituency member unless the sum of �500 is deposited by him, or on his behalf, with the constituency returning officer at the place and during the time for delivery of nomination papers.

    (2) An individual candidate for return as a regional member shall not be validly nominated unless the sum of �500 is deposited by him, or on his behalf, with the regional returning officer at the place or a place, and during the time, for delivery of individual nomination papers.

    (3) A registered party shall not be validly nominated in relation to a regional list of that party for a particular region unless the sum of �500 is deposited by or on behalf of the party's nominating officer with the regional returning officer at the place or a place, and during the time, for delivery of regional lists.

    (4) The deposit may be made either - 

    (a) by the deposit of any legal tender;

    (b) by means of a banker's draft; or

    (c) with the appropriate returning officer's consent, in any other manner,

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

    (5) Where the deposit is made on behalf of a candidate for return as a constituency member or an individual candidate for return as a regional member, the person making the deposit shall at the time he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 30 or rules 4 or 5 above.

    (6) Where the deposit is made on behalf of a party's nominating officer the person making the deposit shall at the time he makes it give his name and address to the regional returning officer unless that information has previously been given to him under article 30 or rule 6 above.

Place for delivery of constituency nomination papers
     11.  - (1) The constituency returning officer shall fix the place at which constituency nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for making of objections to them.

    (2) The place shall be in - 

    (a) the constituency; or

    (b) the local government area or (if more than one) any of the local government areas in which the constituency is situated; or

    (c) any local government area adjoining the local government area or areas (as the case may be) in which the constituency is situated.

Place for delivery of individual nomination papers and regional lists
     12.  - (1) The regional returning officer shall fix the places or places at which individual nomination papers and regional lists are to be delivered to him, and he shall attend there during the time for their delivery and for making objections to them.

    (2) The place or places shall be in the region.

Right to attend nomination
     13.  - (1) Except for the purpose of delivering a constituency nomination paper or of assisting the constituency returning officer no person is entitled to attend the proceedings during the time for delivery of constituency nomination papers or for making objections to them unless he is - 

    (a) a person standing nominated as a candidate for return as a constituency member;

    (b) the election agent of such a person; or

    (c) a person who has issued a certificate under rule 7(1) above in relation to such a candidate,

but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.

    (2) The right to attend conferred by paragraph (1) above includes the right to inspect and to object to the validity of any constituency nomination paper.

    (3) Except for the purpose of delivering an individual nomination paper or regional list or of assisting the regional returning officer no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or regional lists or for making objections to them unless he is - 

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

    (b) the election agent of such a person;

    (c) a candidate included on a party's regional list; or

    (d) the election agent or nominating officer of a party which has submitted a regional list

but where an individual candidate acts as his own election agent, or a candidate on a party's regional list acts as election agent of that party in relation to that list, he may name one other person who shall be entitled to attend in place of the election agent for that individual candidate or, as the case may be, party.

    (4) The right conferred by paragraph (3) above includes the right to inspect and to object to the validity of any individual nomination paper or any regional list (including the nomination of any candidate on such a list).

 
 
 
 
   
© Crown copyright 1999
Prepared 28 April 1999