Scottish Parliament (Elections etc.) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/2779

2002 No. 2779 (S. 11)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 2002

Made 6th November 2002

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 12(1) and 113 of the Scotland Act 19981, and of all other powers enabling her in that behalf, and after consulting the Electoral Commission2hereby makes the following Order:

GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Scottish Parliament (Elections etc.) Order 2002 and shall come into force 14 days after the day on which it is made, except for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that date.

S-2 Revocations

Revocations

2.—(1) Subject to paragraph (2) below, the following Orders are hereby revoked:–

(a)

(a) the Scottish Parliament (Elections etc.) Order 19993;

(b)

(b) the Scottish Parliament (Elections etc.) (Amendment) Order 20014;

(c)

(c) the Scottish Parliament (Elections etc.) (Amendment (No. 2) Order 20015;

(d)

(d) the Scottish Parliament (Elections etc.) (Amendment) (No. 3) Order6,

as from the coming into force of this Order.

(2) Notwithstanding the revocation of the Scottish Parliament (Elections etc.) Order 1999, the modification of enactments contained in Schedule 8 to that Order shall continue to have effect.

S-3 Interpretation

Interpretation

3.—(1) In this Order, except where the context otherwise requires–

the 1983 Act” means the Representation of the People Act 19837;

the 1985 Act” means the Representation of the People Act 19858;

the 1986 Regulations” means the Representation of the People (Scotland) Regulations 19869;

the 1998 Act” means the Scotland Act 1998;

“the 2000 Act” means the Representation of the People Act 200010;

“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 200011;

“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 200112;

“appropriate returning officer” means–

(a) in relation to a candidate for return as a constituency member (or to an election agent or sub agent for such a candidate) the constituency returning officer for that constituency; and

(b) in relation to an individual candidate for return as a regional member or to a registered party submitting a regional list for a particular region, (or to an election agent or sub agent for such a candidate or such a registered party) the regional returning officer for that region;

a reference to a ballot paper shall, in relation to a general election for membership of the Scottish Parliament be construed as a reference to both the constituency ballot paper and the regional ballot paper;

a reference to a numbered article shall be construed as a reference to the article bearing that number in this Order;

“Citizen of the Union” shall be construed in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a commonwealth citizen or a citizen of the Republic of Ireland;

“constituency returning officer” means the officer who, in accordance with article 15, is the constituency returning officer for a Scottish parliamentary election in a constituency;

“European Parliamentary Election” has the same meaning as in section 27(1) of the 1985 Act;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 199413;

“nominating officer” means the person registered under Part II of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;

“ordinary local government election” means an ordinary election of councillors for local government areas in Scotland;

“regional returning officer” means a regional returning officer for the purposes of the 1998 Act;

“register of electors” means the register of local government electors;

“registered emblem” means an emblem registered by a political party under Part II of the 2000 Political Parties Act;

“registered party” means a party registered under Part II of the 2000 Political Parties Act;

“registration officer” means an electoral registration officer within the meaning of the 1983 Act;

“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it; and

“Scottish parliamentary election” means an election for membership of the Scottish Parliament and “Scottish parliamentary general election” shall be construed accordingly.

(2) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.

THE FRANCHISE AND ITS EXERCISE

PART II

THE FRANCHISE AND ITS EXERCISE

S-4 Registers of electors etc

Registers of electors etc

4.—(1) Subject to section 13B of the 1983 Act14(alteration of registers, pending elections), an alteration made in a register of electors under section 13A or 56 of the 1983 Act15(alteration of registers and registration appeals) after the last day on which the nomination papers at an election may be delivered to the constituency returning officer shall not have effect for the purposes of that election.

(2) Schedule 1 to this Order (which makes provision in connection with electors registers) has effect.

S-5 Registration appeals

Registration appeals

5.—(1) An appeal lies to the sheriff from any decision under this Order of the registration officer disallowing a person’s application to vote–

(a)

(a) by proxy or by post as elector; or

(b)

(b) by post as proxy,

in any case where the application is not made for a particular Scottish parliamentary election only.

(2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act.

(3) An appeal made by virtue of this article or section 56 of the 1983 Act which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) Notice shall be sent to the registration officer by recorded delivery post of the decision of the sheriff or of the Court of three judges referred to in paragraph (2) above on any appeal by virtue of this article, and the registration officer shall make such alterations in the–

(a)

(a) record kept under article 9(4); or

(b)

(b) record kept under article 12(5),

as may be required to give effect to the decision.

(5) Subject to section 13B of the 1983 Act, where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register is made on or before the last day for the delivery of nomination papers at an election paragraph (3) above does not apply to that appeal as respects that election.

(6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

S-6 Polling districts and places at elections

Polling districts and places at elections

6.—(1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

(2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places under section 18(3) of the 1983 Act16that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

(3) An election shall not be questioned by reason of–

(a)

(a) any non compliance with the provisions of this article; or

(b)

(b) any informality relating to polling districts or polling places.

S-7 Rules for Scottish parliamentary elections

Rules for Scottish parliamentary elections

7.—(1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order.

(2) It is the general duty of every returning officer at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

(3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a returning officer or any other person in breach of his official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that–

(a)

(a) the election was so conducted as to be substantially in accordance with the law as to Scottish parliamentary elections; and

(b)

(b) the act or omission did not affect the result.

(4) Schedule 2 to this Order (Scottish Parliamentary Election Rules) has effect.

S-8 Manner of voting at Scottish parliamentary elections

Manner of voting at Scottish parliamentary elections

8.—(1) This article applies to determine the manner of voting of a person entitled to vote as an elector at a Scottish parliamentary election.

(2) He...

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