Scottish Parliament (Elections etc.) (Amendment) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1399 |
| Year | 2001 |
2001 No. 1399 (S. 5)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
The Scottish Parliament (Elections etc.) (Amendment) Order 2001
Made 5th April 2001
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 Commission2, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Scottish Parliament (Elections etc.) (Amendment) Order 2001 and shall come into force on the day after the day on which it is made.
Interpretation
2. In this Order–
“the principal Order” means the Scottish Parliament (Elections etc.) Order 19993.
Amendment of the principal Order
3. The principal Order shall be amended as follows.
Article 2 (Interpretation)
4. In article 2(1)–
(a) after the reference to “the 1998 Act” insert–
““the 2000 Act” means the Representation of the People Act 20004;
“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 20005;
“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 20016;”;
(b) in the definition of “nominating officer” for “the Registration of Political Parties Act 1998” substitute “Part II of the Political Parties, Elections and Referendums Act 2000”, and for “paragraph 5(2) of Schedule 1 to” substitute “section 24(3) of”;
(c) in each of the definitions of “registered emblem” and “registered party” for “the Registration of Political Parties Act 1998” substitute “Part II of the Political Parties, Elections and Referendums Act 2000”;
(d) in the definition of “service voter”, the reference to section 15 of the 1983 Act is a reference to that section as amended by the 2000 Act7.
Article 3 (Register of electors etc.)
5. In article 3(1) for “section 11(1) or (2)” substitute “section 13A”8, and for “correction” substitute “alteration”.
Article 8 (Absent vote etc.)
6.—(1) Article 8 shall be amended as follows.
(2) In paragraph (1)–
(a)
(a) for the words “for an indefinite period” substitute “(whether for an indefinite period or for a particular period specified in his application)”;
(b)
(b) omit sub-paragraph (a), and
(c)
(c) in sub-paragraph (b), after “satisfied” insert “in the case of an application to vote by proxy”.
(3) In paragraph (2)–
(a)
(a) omit the words “for an indefinite period”;
(b)
(b) omit sub-paragraph (b); and
(c)
(c) in sub-paragraph (d), at the end add “or by reason of his attendance on a course provided by an educational institution or that of his spouse”.
(4) Omit paragraph (3).
(5) In paragraph (4), before sub-paragraph (a) insert–
“(za)
“(za) whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period);”.
(6) In paragraph (5)–
(a)
(a) in sub-paragraph (b)–
(i) for the words “as a service voter; or”, substitute–
“in pursuance of–
(i)
(i) a service declaration, or
(ii)
(ii) a declaration of local connection;”and
(ii) at the end, omit “or”;
(b)
(b) in sub-paragraph (c)–
(i) at the beginning insert, “in the case of any person shown in the record as voting by proxy,”; and
(ii) at the end, add “or”;
(c)
(c) after sub-paragraph (c) add–
“(d)
“(d) in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.”.
(7) In paragraph (6) after “proxy” insert “(in either case, whether for an indefinite period or for a particular period specified in his application)”.
(8) Omit paragraph (7).
Article 9 (Absent vote at a particular Scottish Parliamentary election)
7. In article 9–
(a) in paragraph (1)(a) after “satisfied”, insert “in the case of an application to vote by proxy,”, and
(b) omit paragraph (5).
Article 10 (Proxies at Scottish parliamentary elections)
8.—(1) Article 10 shall be amended as follows.
(2) In paragraph (6), for the words “for an indefinite period” substitute “(whether for an indefinite period or for a particular period specified in his application)”.
(3) In paragraph (9), at the end, add “; where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.”.
Article 11 (Voting as proxy)
9.—(1) Article 11 shall be amended as follows.
(2) In paragraph (4)–
(a)
(a) for the words “for an indefinite period,” substitute “(whether for an indefinite period or for a particular period specified in his application)”; and
(b)
(b) for sub-paragraphs (a) and (b) substitute–
“(a)
“(a) the registration officer is satisfied that the elector is or will be registered in the register of electors; and
(b)
(b) there is in force an appointment of the applicant as the elector’s proxy to vote for him.”.
(3) Omit paragraph (5).
(4) In paragraph (6), for the words from “showing” to the end substitute–
“showing–
(a) whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period); and
(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.”.
(5) Omit paragraphs (7) and (10).
(6) In paragraph (9)(b) for “(7)” substitute “(6)(b)”.
(7) In paragraph (11), for sub-paragraph (b) substitute–
“(b)
“(b) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires.”.
(8) Omit paragraph (12).
Article 21 (Effect of registers)
10.—(1) Article 21 shall be amended as follows.
(2) Omit paragraph (1).
(3) In paragraph (4) for “qualifying date”, wherever occurring, substitute “relevant date”.
(4) After paragraph (4) insert–
“5 In paragraph (4) above, the “relevant date” means–
(a) in relation to a person registered in the register of electors as published in accordance with section 13(1) of the 1983 Act9, the 15th October immediately preceding the date of publication of the register;
(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act10.”.
Article 23 (Discharge of registration duties)
11. In article 23(1), after “Secretary of State” insert “, in accordance with, and on the recommendation of, the Electoral Commission under section 8(1) of the Political Parties, Elections and Referendums Act 2000,”.
Article 35 (Expenses etc)
12. For article 35, there shall be substituted –
“Expenses of constituency candidate
35. For the purpose of this Part of this Order, sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the constituency returning officer has received a certificate issued by a nominating officer of a registered party under rule 7 of the Scottish Parliamentary Election Rules are not to be regarded as having been made or incurred by that party.”.
Articles 37, 40-44, 47-49, 53, 54 and 57 (Election Expenses)
13.—(1) Articles 37, 40, 42, 47, 49 and 57 shall be omitted.
(2) In article 41 (limitation of elections expenses: candidates)–
(a)
(a) in paragraph 2(a) and (c), for “£5,229” substitute “£5,483” and for “5.9p” substitute “6.2p”;
(b)
(b) in paragraph 2(b), for “£5,229” substitute “£5,483” and for “4.4p” substitute “4.6p”; and
(c)
(c) in paragraph 3(a), (b) and (c), for the words from “£20,920” to the end, substitute “£100,000”.
(3) In article 43(1), (2) and (3) for “within” wherever it occurs there shall be substituted “not later than”.
(4) Paragraph (4) of article 48 (declarations as to expenses) shall be omitted.
(5) Articles 43, 44, 53 and 54 insofar as they relate to a registered party or its nominating officer shall cease to have effect.
14. After article 54 there shall be inserted–
“Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
54A. Where the appropriate returning officer receives any return or declaration under article 39, 46 or 48 above in respect of an election to the Scottish Parliament, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.”.
Articles 66 to 70 and 73 (Transport and Committee Rules)
15. Articles 66 to 70 (transport of voters) and 73 (premises not to be used as committee rooms) shall be omitted.
Article 85 (Application of provisions)
16. In article 85, in each of paragraphs (1)(b) and (2)(b) for the reference to “(2)” substitute “(3)”, and in paragraph (4) for the reference to “(2)(b)” substitute...
To continue reading
Request your trial