The Scottish Parliament (Elections etc.) Order 2015

Contents

2,824 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · General
   1. 1 Citation, commencement and transitional provision
   2. 2 Interpretation
2. Part 2 · The franchise and its exercise
   1. 3 Supply of electoral registers
   2. 3A Register of electors etc.
   3. 4 Registration and absent voting appeals
   4. 5 Polling districts and places at elections
   5. 6 Rules for Scottish parliamentary elections
   6. 7 Manner of voting at Scottish parliamentary elections
   7. 8 Absent vote at Scottish parliamentary elections for an indefinite or a particular period
   8. 9 Absent vote at a particular Scottish parliamentary election and special lists
   9. 10 Proxies at Scottish parliamentary elections
   10. 11 Voting as proxy
   11. 12 Absent voting at elections: miscellaneous
   12. 13 Combination of polls
   13. 14 Constituency returning officers
   14. 15 Officers of local authorities to be placed at disposal of returning officers
   15. 16 Returning officers: discharge of functions
   16. 17 Returning officers: general
   17. 18 Payments by and to returning officers
   18. 19 Taxation of returning officer’s account
   19. 20 Loan of equipment for Scottish parliamentary elections
   20. 21 Effect of registers
   21. 22 Effect of misdescription
   22. 23 Discharge of registration duties
   23. 24 Payment of expenses of registration duties
   24. 25 Personation
   25. 26 Other voting offences
   26. 27 Offences relating to applications for postal and proxy votes
   27. 28 Breach of official duty
   28. 29 Tampering with nomination papers, ballot papers etc.
   29. 30 False statements in nomination papers etc.
   30. 31 Requirement of secrecy
3. Part 3 · The election campaign
   1. 32 Appointment of election agent
   2. 33 Appointment of sub-agent
   3. 34 Office of election agent
   4. 35 Effect of default in election agent’s appointment
   5. 36 Control of donations to candidates
   6. 37 Expenses of constituency candidate
   7. 38 Payment of expenses through election agent: constituency and individual regional candidates
   8. 39 Expenses which may be paid otherwise than by election agent
   9. 40 Expenses incurred otherwise than for election purposes
   10. 41 Prohibition of expenses not authorised by election agent: constituency and individual regional candidates
   11. 42 Limitation of election expenses: constituency and individual regional candidates
   12. 43 Limitation of pre-candidacy election expenses: constituency and individual regional candidates at Scottish Parliament general elections
   13. 44 Time for sending in and paying claims
   14. 45 Disputed claims
   15. 46 Election agent’s claim
   16. 47 Return as to election expenses: constituency and individual regional candidates
   17. 48 Declarations as to election expenses: constituency and individual regional candidates
   18. 49 Declarations as to election expenses: candidates on a registered party’s regional list
   19. 50 Where no return and declaration is needed
   20. 51 Penalty for failure as respects return of declarations
   21. 52 Penalty for sitting or voting where no return and declaration is transmitted
   22. 53 Authorised excuses for failure as to return and declarations
   23. 54 Court’s power to require information from election agent or sub-agent
   24. 55 Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
   25. 56 Publication of time and place of inspection of returns and declarations
   26. 57 Inspection of returns and declarations: candidates
   27. 58 Meaning of “election expenses”
   28. 59 Election expenses — list of matters and general exclusions
   29. 60 Property, goods, services etc. provided free of charge or at a discount
   30. 61 Right to send election address post free
   31. 62 Remuneration for free postal services provided
   32. 63 Imitation poll cards and notifications
   33. 64 Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
   34. 65 Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
   35. 66 Disturbances at Scottish parliamentary election meetings
   36. 67 Officials not to act for candidates
   37. 68 Illegal canvassing by police officers
   38. 69 False statements as to candidates
   39. 70 Corrupt withdrawal from candidature
   40. 71 Payments for exhibition of election notices
   41. 72 Details to appear on election publications
   42. 73 Prohibition of paid canvassers
   43. 74 Providing money for illegal purposes
   44. 75 Bribery
   45. 76 Treating
   46. 77 Undue influence
   47. 78 Rights of creditors
   48. 79 Savings as to Scottish parliamentary elections
   49. 80 Interpretation of Part 3
   50. 81 Computation of time for purposes of Part 3
4. Part 4 · Legal proceedings
   1. 82 Application of certain provisions for Scottish parliamentary elections
5. Part 5 · Miscellaneous and supplemental
   1. 83 Vacancies: constituency seats
   2. 83A Vacancies: regional member seats
   3. 84 Dissolution of Parliament: minimum period
   4. 85 Advertisements
   5. 86 Forms and documents: variations and translations
   6. 87 Sending of applications, notices etc.
   7. 88 Interference with notices etc.
   8. 89 Premises used for election purposes
   9. 90 Correction of procedural errors
   10. 91 Effect of demise of the Crown
   11. 92 Consequential amendment
   12. 93 Revocations
6. Schedule 1 · Supply of electoral registers
   1. (1) Supply of free copy of full register for electoral purposes
   2. (2) Supply of full register etc. under paragraphs 3 and 4: general provisions
   3. (3) Supply of full register etc. to elected representatives for electoral purposes and restrictions on use
   4. (4) Supply of full register etc. to certain candidates and restrictions on use
   5. (5) Meaning of “edited register” and “registration area”
   6. (6) Information about persons aged under 16
7. Schedule 2 · Scottish parliamentary election rules
   1. Part 1 Provisions as to time
   2. Part 2 Stages common to contested and uncontested elections
   3. Part 3 Contested elections
   4. Part 4 Final proceedings in contested and uncontested elections
   5. Part 5 Disposal of documents
   6. Part 6 Death of candidate
   7. Part 7 Miscellaneous
8. Schedule 3 · Absent voting
   1. (1) General requirements for applications
   2. (2) Checking of signatures
   3. (3) Provision of fresh signatures
   4. (4) Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 8(4) or 11(5) (records of absent voters)
   5. (5) Additional requirements for applications for proxy vote on grounds of disability
   6. (6) Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course
   7. (6A) Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution
   8. (7) Additional requirements for applications for a proxy vote in respect of a particular election
   9. (7A) Emergency change of proxy: proxy unable to vote in person
   10. (8) Additional requirements for applications for appointment of a proxy
   11. (9) Closing dates for applications
   12. (10) Grant or refusal of applications for a postal or proxy vote
   13. (11) Notice of appeal
   14. (12) Cancellation of proxy appointment
   15. (13) Inquiries by registration officer about postal and proxy voters
   16. (14) Requirement to provide fresh signatures at five yearly intervals
   17. (14A) Disapplication of January 2026 fresh signatures requirement
   18. (15) Absent voting lists: form
   19. (16) Absent voting lists: supply of copies, etc.
   20. (17) Absent voting lists: inspection
   21. (18) Supply and inspection of absent voting lists: general provisions
   22. (19) Conditions on the use, supply and inspection of absent voter lists
   23. (20) Conditions on the use, supply and inspection of absent voter lists
   24. (21) Supply and inspection of absent voting lists: offences
   25. (22) The personal identifiers record
   26. (23) Use of personal identifier information
   27. (24) Marked register for polling stations
   28. (25) Notification of a rejected postal voting statement
9. Schedule 4 · Issue and receipt of postal ballot papers
   1. (1) Interpretation
   2. (2) Combination of polls
   3. (3) Form of postal voting statement
   4. (4) Persons entitled to be present at proceedings on issue of postal ballot papers
   5. (5) Persons entitled to be present at receipt of postal ballot papers
   6. (6) Notification of requirement of secrecy
   7. (7) Time when postal ballot papers are to be issued
   8. (8) Procedures on the issue of postal ballot papers
   9. (9) Refusal to issue postal ballot paper
   10. (10) Envelopes
   11. (11) Delivery of postal ballot papers
   12. (12) Security of marked lists
   13. (13) Spoilt ballot paper
   14. (14) Lost postal ballot paper
   15. (15) Cancellation of postal ballot papers
   16. (16) Notice of opening of postal ballot paper envelopes
   17. (17) Postal ballot boxes and receptacles
   18. (18) Receipt of covering envelope and collection of postal votes
   19. (19) Opening of postal voters’ ballot box
   20. (20) Opening of covering envelopes
   21. (21) Confirming receipt of postal votes and postal voting statements
   22. (22) Procedure in relation to postal voting statements: personal identifier verification
   23. (23) Opening of ballot paper envelopes
   24. (24) Retrieval of cancelled postal ballot papers
   25. (25) Lists of rejected postal ballot papers
   26. (26) Checking of lists kept under paragraph 25
   27. (27) Sealing of receptacles
   28. (28) Abandoned poll
   29. (29) Retention of documents by CRO
   30. (30) Forwarding of a rejected ballot paper list by CRO
10. Schedule 5 · Combination of polls
    1. Part 1 General
    2. Part 2 Modifications of the scottish parliamentary election rules
    3. Part 3 Modifications of the scottish local government elections rules
11. Schedule 6 · Legal proceedings
    1. Part 1 Election and return of constituency member
    2. Part 2 Election and return of regional member
12. Schedule 7 · Use of school rooms and meeting rooms for election meetings
    1. (1) Use of rooms in school premises
    2. (2) Lists of rooms in school premises and meeting rooms
    3. (3) Inspection etc. of lists
13. Schedule 8 · Access to marked registers and other documents open to public inspection after an election
    1. (1) Interpretation of this Schedule
    2. (2) Supply of marked registers and lists after an election
    3. (3) Inspection of documents open to public inspection
    4. (4) Restrictions on supply and disclosure of documents open to public inspection
    5. (5) Restriction on use of documents open to public inspection, or of information contained in them
    6. (6) Calculating the fee for supply of marked registers or lists
    7. (7) Failure to comply with conditions relating to supply etc. of certain documents
14. Schedule 9 · Revocations
    1. (1) The Scottish Parliament (Elections etc.) Order 2010
    2. (2) The Scottish Parliament (Elections etc.) Order 2010
    3. (3) The Scottish Parliament (Elections etc.) Order 2010
    4. (4) The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011
    5. (5) The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012
    6. (6) The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015
    7. Appendix of forms