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SCHEDULE 7Article 62(6)
USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS
Use of rooms in school premises
1.
- (1) Any arrangements for the use of a room in school premises shall be made with the education authority managing the school or, in the case of a room in the premises of a self-governing school, with the board of management of the school.
(2) Any question -
(a) as to the rooms in school premises in any constituency which a candidate for return as a constituency member is entitled to use;
(b) as to the rooms in school premises in any region which an individual candidate for return as a regional member or a registered party is entitled to use;
(c) as to the times at which that candidate or party is entitled to use them; or
(d) as to the notice which is reasonable,
shall be determined by the Secretary of State.
Lists of rooms in school premises
2.
- (1) It is the duty of the proper officer of every local authority to prepare and keep for each Scottish parliamentary constituency wholly or partly situated in the area of that authority -
(a) a list of rooms in school premises;
(b) a list of meeting rooms,
which candidates for return as constituency members or individual candidates for return as regional members or registered parties are entitled to use.
(2) The list shall include the rooms in premises outside, as well as those in premises inside, the constituency.
Inspection etc. of lists
3.
- (1) Subject to sub-paragraph (2) below, in the event of a publication of a notice of election any person stating himself to be, or to be authorised by -
(a) a candidate or his election agent; or
(b) a registered party's nominating officer or the election agent of that registered party in relation to a regional list submitted by that party,
shall be entitled at all reasonable hours to inspect those lists or a copy of them.
(2) The rights conferred by sub-paragraph (1) above on an individual candidate for return as a regional member or a registered party's nominating officer (or the election agent of such a candidate or party) shall not apply in relation to an election to fill a vacancy in the seat of a constituency member.
SCHEDULE 8Article 97
MODIFICATION OF ENACTMENTS
PART I
PUBLIC GENERAL ACTS
Reserve Forces Act 1996 (c.14)
1.
In section 125(a) of the Reserve Forces Act 1996 (absence for voting) after "Member of Parliament" there is inserted "a Member of the Scottish Parliament".
PART II
SUBORDINATE LEGISLATION
The Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)
2.
In paragraph (2) of regulation 130 of the Local Government Pension Scheme (Scotland) Regulations 1998 (separate employments etc.) -
(a) after sub-paragraph (a) "or" is omitted; and
(b) at the end there is added -
"
; or
(c) as a returning officer at elections to the Scottish Parliament.".
Rules of the Court of Session 1994 (S.I. 1994/1443)
3.
- (1) In rule 69.1 of the Rules of the Court of Session 1994 (interpretation of this Chapter) -
(a) in the definition of "election petition" after the words "Act of 1983" insert the following -
"
or a petition presented under Part III of the Act of 1983 as applied and modified by article 85 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 1999; and any reference in this Chapter to an election petition shall be construed as a reference to a Scottish parliamentary election petition where it is a petition brought in relation to a Scottish parliamentary election"; and
(b) after the definition of "election petition" insert the following -
"
"region" means a region for the purposes of the Scotland Act 1998[19]; and any reference in this Chapter to a constituency shall be construed as a reference to a constituency for the purposes of the said Act of 1998 where it is used in relation to a Scottish parliamentary election;
"Scottish parliamentary election" means an election for membership of the Scottish Parliament.".
(2) In rule 69.9 (time and place of trial) in paragraphs (1)(c) and (2) after the word "constituency" insert the words "or as the case may be, region";
(3) In rule 69.10 (postponement of trial), in paragraph (2) after the word "constituency" insert the words "or as the case may be, region".
(4) In rule 69.19 (application for leave to withdraw election petitions), in paragraphs 2(c) and (3), after the word "constituency" insert the words "or as the case may be, region".
(5) In rule 69.23 (death of petitioner), in paragraphs (1)(c) and (2), after the word "constituency" insert the words "or as the case may be, region".
(6) In rule 69.24 (applications to be substituted on death of petitioner), in paragraph (2)(c), after the word "constituency" insert the words "or as the case may be, region".
(7) In rule 69.26 (death or peerage of respondent) -
(a) for the heading to that rule, substitute the following -
"
Death, peerage or resignation of respondent";
(b) after paragraph (1)(b), the word "or" shall be omitted; and
(c) after paragraph (1)(c), insert the following -
"
, or
(d) a respondent resigns or otherwise ceases to be a member of the Scottish Parliament,".
(8) In rule 69.27 (applications to be admitted as respondent), in paragraph (b) for the words "(death or peerage of respondent)" substitute the words "(death, peerage or resignation of respondent)".
(9) In rule 69.29 (motions in election petitions), in paragraph (3)(d) after the word "constituency" insert the words "or as the case may be, region".
(10) In Form 69.2 (form of Parliamentary or European parliamentary election petition), for the heading, substitute the following -
"
Form of Parliamentary, European parliamentary or Scottish parliamentary election petition".
(11) In Form 69.4 (form of bond of caution in election petition), in line 4, after the words "(name of constituency)" insert the words "or member of the Scottish Parliament for (name of constituency or region)".
(12) In Form 69.5 (form of notice of the presentation of an election petition and of the nature of the proposed security), in line 4 of paragraph (1), after the words "European Parliament" insert the words "or member of the Scottish Parliament".
(13) In Form 69.19 - B (form of application for leave to withdraw petition), in lines 2 and 3 for the words "Parliamentary [or European parliament constituency of" substitute the words "Parliamentary [or European Parliament or Scottish Parliamentary] constituency [or region] of".
APPENDIX OF FORMS
FORM
A
Return of expenses in relation to the election of a candidate for return as a constituency member or individual candidate for election as a regional member requiring to be authorised by an election agent
Election in the
[constituency] [region].
Date of publication of notice of election
Name of candidate
1.
The expenses incurred at the above election in support of the above candidate by
(insert name of person or association or body of persons incurring the expenses) being expenses required by article 39 of the Scottish Parliament (Elections etc.) Order 1999 to be authorised in writing by the election agent, amounted to �
.
2.
That written authority is annexed to this return.
Signature
Date
FORM
B
Declaration to accompany return of expenses in relation to the election of a candidate for return as a constituency member or individual candidate requiring to be authorised by an election agent.
Election in the
[constituency] [region].
Date of publication of notice of election
I hereby declare that -
1.
I am the person (or in the case of an association or a body of persons,[ [director] [general manager] [secretary] [or similar officer] of the association or body of persons]) named as incurring expenses in the accompanying return, marked
, of expenses required by article 39 of the Scottish Parliament (Elections etc.) Order 1999 to be authorised in writing by an election agent.
2.
To the best of my knowledge and belief that return is complete and correct.
3.
The matters for which the expenses referred to in that return were incurred are as follows
Signature
Office held
(In the case of an association or body of persons)
Date
FORM
C
Return of expenses requiring to be authorised by an election agent in support of a registered political party
Election in the
[constituency] [region].
Date of publication of notice of election
Name of registered political party
1.
The expenses incurred at the above election in support of the above registered political party by
(insert name of person or association or body of persons incurring the expenses) being expenses required by article 40 of the Scottish Parliament (Elections etc.) Order 1999 to be authorised in writing by the election agent amounted to �
2.
That written authority is annexed to this return.
Signature
Date
FORM
D
Declaration to accompany return of expenses requiring to be authorised by an election agent in support of a registered political party
Election in the
[constituency] [region].
Date of publication of notice of election
I hereby declare that -
1.
I am the person (or in the case of an association or a body of persons [[director] [general manager] [secretary] [or similar officer] of the association or body of persons]) named as incurring expenses in the accompanying return, marked
, of expenses required by article 40 of the Scottish Parliament (Elections etc.) Order 1999 to be authorised in writing by an election agent.
2.
To the best of my knowledge and belief that return is complete and correct.
3.
The matters for which the expenses referred to in that return were incurred are as follows: -
Signature
Office held
(In the case of an association or body of persons)
Date
FORM
E
Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.
Election in the
[constituency] [region].
Date of publication of notice of election
Name of candidate
1.
I am the election agent of the person named above as a candidate at this election [am the person named above as a candidate at this election and was my own election agent].
(Where there has been a change of election agent suitable variations may be introduced here and elsewhere in the return.)
2.
I hereby make the following return of the candidate's [my] election expenses at this election.
Receipts
(Include all money, securities or equivalent of money received in respect of expenses incurred on account of or in connection with or incidental to the above election).
|
Received of the above-named candidate (or, if the candidate is his own election agent, [paid by me]) |
� |
|
Received of (set out separately the name and description of each person, club, society or association and the amount received from him or them). |
� |
Expenditure
NOTE: - The return shall deal under a separate heading or sub-heading with any expenses included in it as respects which a return is required to be made by article 39.
Candidate's personal expenses -
|
Paid by him [by me as candidate] |
� |
|
Paid by me [by me acting as my election agent] |
� |
|
Received by me for my services as election agent (omit if candidate is his own election agent.). |
� |
|
Paid to 1 as sub-agent of the polling district of |
� |
|
Paid to 1 2 as polling agent |
� |
Paid to 1 3 as clerk [messenger] for
days services |
� |
|
Paid to the following persons in respect of goods supplied or work and labour done - |
|
to 1 4 (set out the nature of the goods supplied or work and labour done thus
[printing], [advertising], [stationery])
|
� |
Paid to 4 as a speaker at a public meeting at
on
, as remuneration [expenses] |
� |
|
Paid for the hire of rooms |
|
for holding public meetings -
paid to 1 4 for hire of (identify the rooms by naming or describing them
|
� |
for committee rooms -
paid to 1 4 for hire of (identify the rooms by naming or describing them)
|
� |
|
Paid for postage |
� |
|
Paid for telephonic communications (or any similar means of communication) |
� |
Paid for miscellaneous matters -
to 1 4 (set out the reason for the payment)
|
� |
|
Total of payments set out above |
� |
|
In addition to the above I am aware (unless the candidate is his own election agent add as election agent for the above-named candidate) of the following disputed and unpaid claims - |
|
Disputed claims -
by 3 for (set out the goods, work and labour, or other matter on the ground of which the claim is based
|
� |
Unpaid claims allowed by the
court to be paid after the proper time or in respect of which application has been or is about to be made to the
court (state in each case whether the Court of Session or some other court) -
by 3 for (set out the goods, work and labour, or other matter on the ground of which the claim is due)
|
� |
1Set out separately the name and address of each person with the amount paid to him.
2These particulars may be set out in a separate list annexed to and referred to in the account thus "Paid to
(polling agent) as per annexed list �
"
3Set out separately the name and description of each person with the amount paid to or claimed by him.
4These particulars may be set out in a separate list annexed to and referred to in the account.
Signature of person making return
Date
Notes:
[19]
1998 c.46.back
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