Scottish Parliament (Elections etc.) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/787

1999No. 787

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 1999

10thMarch1999

ARRANGEMENT OF ARTICLES

PART I

GENERAL

1.

Citation and commencement.

2.

Interpretation.

PART II

THE FRANCHISE AND ITS EXERCISE

3.

Registers of electors etc.

4.

Registration appeals.

5.

Polling districts and places at elections.

6.

Rules for Scottish parliamentary elections.

7.

Manner of voting at Scottish parliamentary elections.

8.

Absent vote at Scottish parliamentary elections for an indefinite period.

9.

Absent vote at a particular Scottish parliamentary election and absent voters list.

10.

Proxies at Scottish parliamentary elections.

11.

Voting as proxy.

12.

Absent voting at elections: miscellaneous.

13.

Combination of polls.

14.

Constituency returning officers.

15.

Officers of councils to be placed at disposal of returning officers.

16.

Returning officers: discharge of functions.

17.

Returning officers: general.

18.

Payments by and to returning officers.

19.

Taxation of returning officer's accounts.

20.

Loan of equipment for Scottish parliamentary elections.

21.

Effect of registers.

22.

Effect of misdescription.

23.

Discharge of registration duties.

24.

Payment of expenses of registration.

25.

Personation.

26.

Other voting offences.

27.

Breach of official duty.

28.

Tampering with nomination papers, ballot papers etc.

29.

Requirement of secrecy.

PART III

THE ELECTION CAMPAIGN

30.

Appointment of election agent.

31.

Nomination of sub-agent.

32.

Office of election agent.

33.

Effect of default in election agent's appointment.

34.

Making of contracts.

35.

Expenses of registered political parties.

36.

Payment of expenses through election agent: constituency and individual candidates.

37.

Payment of expenses: registered political parties etc.

38.

Candidate's personal expenses, and petty expenses.

39.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members.

40.

Prohibition of expenses not authorised by election agent etc.: registered parties.

41.

Limitation of election expenses: candidates.

42.

Limitation of election expenses: registered political parties.

43.

Time for sending in and paying claims.

44.

Disputed claims.

45.

Election agent's claim.

46.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

47.

Return as to election expenses: registered party.

48.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

49.

Declarations as to election expenses: registered political parties.

50.

Where no return and declaration is needed.

51.

Penalty for failure as respects return of declarations.

52.

Penalty for sitting or voting where no return and declaration is transmitted.

53.

Authorised excuses for failure as to return and declarations.

54.

Court's power to require information from election agent or sub-agent.

55.

Publication of time and place of inspection of returns and declarations.

56.

Inspection of returns and declarations: candidates.

57.

Inspection of returns and declarations: registered political parties.

58.

Right to send election address post free.

59.

Broadcasting from outside United Kingdom.

60.

Imitation poll cards.

61.

Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members.

62.

Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members.

63.

Disturbances at Scottish parliamentary election meetings.

64.

Officials not to act for candidates.

65.

Illegal canvassing by police officers.

66.

No hiring of vehicles to convey voters.

67.

No payments for conveyance of voters.

68.

Provisions supplemental to articles 66 and 67.

69.

"Carriage" in articles 66 to 67.

70.

Access to polling place by sea.

71.

False statements as to candidates.

72.

Corrupt withdrawal from candidature.

73.

Premises not to be used as committee rooms.

74.

Payments for exhibition of election notices.

75.

Printer's name and address on election publications.

76.

Prohibition of paid canvassers.

77.

Providing money for illegal purposes.

78.

Bribery.

79.

Treating.

80.

Undue influence.

81.

Rights of creditors.

82.

Savings as to Scottish parliamentary elections.

83.

Interpretation of Part III.

84.

Computation of time for purposes of Part III.

PART IV

LEGAL PROCEEDINGS

85.

Application of certain provisions for Scottish parliamentary elections.

PART V

MISCELLANEOUS AND SUPPLEMENTAL

86.

Vacancies: constituency seats.

87.

Vacancies: regional member seats

88.

Modification of section 10 of the 1998 Act.

89.

Dissolution of Parliament: minimum period.

90.

Advertisements.

91.

Forms: variations.

92.

Sending of applications, notices etc.

93.

Publication of documents.

94.

Interference with notices etc.

95.

Premises used for election purposes.

96.

Effect of demise of the Crown.

97.

Supplementary, incidental and consequential provisions.

SCHEDULES

Schedule 1.

Electors lists and registers: miscellaneous and related provision.

Schedule 2.

Scottish Parliamentary Election Rules.

Schedule 3.

Absent voting.

Schedule 4.

Issue and receipt of postal ballot papers.

Schedule 5.

Combination of Polls.

Schedule 6.

Legal Proceedings.

Schedule 7.

Use for election meetings of rooms in school premises and of meeting rooms.

Schedule 8.

Modification of enactments.

Appendix of forms

Explanatory Note

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 him by sections 12(1) and 113 of the Scotland Act 1998( 1), and of all other powers enabling him in that behalf, hereby makes the following Order:

PART I

GENERAL

Citation and commencement

1. This Order may be cited as the Scottish Parliament (Elections etc.) Order 1999 and shall come into force on the day after the day on which it is made.

Interpretation

2. - (1) In this Order, except where the context otherwise requires -

"the 1983 Act" means the Representation of the People Act 1983( 2);

"the 1985 Act" means the Representation of the People Act 1985( 3);

"the 1986 Regulations" means the Representation of the People (Scotland) Regulations 1986( 4);

"the 1998 Act" means the Scotland Act 1998;

"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 14, 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" has the same meaning as in the Local Government (Scotland) Act 1973( 5);

"nominating officer" means the person registered under the Registration of Political Parties Act 1998( 6) as the officer with responsibility for the matters referred to in paragraph 5(2) of Schedule 1 to 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 the Registration of Political Parties Act 1998;

"registered party" means a party registered under the Registration of Political Parties Act 1998;

"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.

PART II

THE FRANCHISE AND ITS EXERCISE

Registers of electors etc.

3. - (1) An alteration made in a register of electors under section 11(1) or (2) or 57 of the 1983 Act (correction 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 (which makes provision in connection with electors lists and registers) has effect.

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