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Payment of expenses of registration
     24.  - (1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as "registration expenses") shall be paid by the local authority by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the local authority by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the local authority by whom the registration officer was appointed may, if it thinks fit, make such an advance to him of such an amount and subject to such conditions as it may approve.

Personation
     25.  - (1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at a Scottish parliamentary election if he - 

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes in person or by post as proxy - 


(i) for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

    (3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
     26.  - (1) A person shall be guilty of an offence if - 

(a) he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Scottish parliamentary election, or at Scottish parliamentary elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(b) he applies for the appointment of a proxy to vote for him at any Scottish parliamentary election or at Scottish parliamentary elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c) he votes, whether in person or by post, as proxy for some other person at a Scottish parliamentary election, knowing that that person is subject to a legal incapacity to vote.

    (2) For the purposes of paragraph (1) above, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

    (3) A person shall be guilty of an offence if - 

(a) he votes as elector - 


(i) more than once in any constituency at a poll for the return of a constituency member; or

(ii) more than once in any constituency at a poll for the return of regional members; or

(iii) in more than one constituency at a Scottish parliamentary general election;



(b) he votes as elector in person at a Scottish parliamentary election at which he is entitled to vote by post;

(c) he votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) he applies for a person to be appointed as his proxy to vote for him at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

    (4) A person shall be guilty of an offence if - 

(a) he votes as proxy for the same elector either - 


(i) more than once in the same constituency at any Scottish parliamentary election; or

(ii) in more than one constituency at a Scottish parliamentary general election;



(b) he votes in person as proxy for an elector at a Scottish parliamentary election at which he is entitled to vote by post as proxy for that elector; or

(c) he votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.

    (5) A person shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

    (7) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (8) An offence under this article shall be an illegal practice, but - 

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order); and

(b) a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this article of any agent of his other than an offence under paragraph (6) above.

    (9) Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right he shall, for the purposes of this article, be treated as voting once in relation to each poll for which his votes are given.

Breach of official duty
     27.  - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are - 

(a) any sheriff clerk, registration officer, returning officer or presiding officer;

(b) any postmaster; and

(c) any deputy of a person mentioned in any of sub-paragraphs (a) or (b) or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties,

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc.
     28.  - (1) A person shall be guilty of an offence, if, at a Scottish parliamentary election, he - 

(a) fraudulently defaces or fraudulently destroys any nomination paper;

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any declaration of identity or official envelope used in connection with voting by post;

(c) without due authority supplies any ballot paper to any person;

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in;

(e) fraudulently takes out of the polling station any ballot paper;

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

    (2) A person shall be guilty of an offence if - 

(a) at a Scottish parliamentary election, he forges any nomination paper, delivers to a returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper;

(b) he signs any nomination paper as candidate or as nominating officer for any registered political party (or as a person authorised by such officer), or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(c) he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

    (3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he shall be liable - 

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both;

(b) on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (4) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (5) In this article "nomination paper" includes a regional list of a registered party.

Requirement of secrecy
     29.  - (1) The following persons attending at a polling station, namely - 

(a) a returning officer;

(b) a presiding officer or clerk;

(c) a candidate (including a candidate on a party's regional list);

(d) a nominating officer of a registered party which has submitted a regional list;

(e) an election agent; or

(f) a polling agent,

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to - 

(i) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(ii) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(iii) the official mark.

    (2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not - 

(a) ascertain or attempt to ascertain at the counting of the votes the number on the back of any ballot paper;

(b) communicate any information obtained at the counting of the votes as to the candidate for whom or, as the case may be, registered political party for which, any vote is given on any particular ballot paper.

    (3) No person shall - 

(a) interfere with or attempt to interfere with a voter when recording his vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or, as the case may be, the registered political party for which, a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom or, as the case may be, the registered political party for which a voter in that station is about to vote or has voted, or as to the number on the back of a ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display a ballot paper after he has marked it so as to make known to any person the name of the candidate for whom or, as the case may be, the registered political party for which he has or has not voted.

    (4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not - 

(a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark;

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number on the back of any ballot paper sent to any person;

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the name of the candidate for whom or, as the case may be, the registered political party for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

    (5) No person having undertaken to assist a blind voter to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered political party for which that voter intends to vote or has voted, or as to the number on the back of a ballot paper given for the use of that voter.

    (6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding three months.

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

    (8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address.

Nomination of sub-agent
     31.  - (1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

    (2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

    (3) In this Order, any deputy election agent appointed under paragraph (1) or (2) above is referred to as a sub-agent.

    (4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub-agent the election agent may act by the sub-agent and - 

(a) anything done for the purposes of this Order by or to the sub-agent in his part of the constituency or, as the case may be, region shall be deemed to be done by or to the election agent;

(b) any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice and offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and

(c) the candidate or, as the case may be, each candidate on the registered party's regional list shall suffer the like incapacity as if that act or default had been the election agent's act or default.

    (5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub-agent so declared.

    (6) The appointment of a sub-agent - 

(a) shall not be vacated by the election agent who appointed him ceasing to be election agent; but

(b) may be revoked by whoever is for the time being the election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

    (7) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (5) or (6) above shall specify the part of the constituency or, as the case may be, region within which any sub-agent is appointed to act.

Office of election agent
     32.  - (1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be - 

(a) declared to the appropriate returning officer at the same time as the appointment of the agent or, as the case may be, sub-agent, is declared to him; and

(b) stated in the public notice of the name of the agent or, as the case may be, sub-agent.

    (2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent or sub-agent may, in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
     33.  - (1) If no person's name and address is given as required by article 30 as the election agent of - 

(a) a candidate who remains validly nominated; or

(b) a registered party submitting a regional list,

at the latest time for delivery of notices of withdrawal of candidature - 

(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent; and

(ii) in the case of a registered party, the candidate who is highest in that party's regional list shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as that party's election agent.

    (2) This paragraph applies if - 

(a) the person whose name and address have been so given as those of an election agent for a candidate (not being the candidate himself) or of a registered party dies; and

(b) a new appointment is not made on the day of the death or on the following day.

    (3) Where paragraph (2) above applies - 

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, he shall be deemed to have appointed himself as from the time of death; and

(b) in the case of the death of an election agent for a registered party - 


(i) the candidate who is highest in that party's regional list shall be deemed to have appointed himself from the time of the death; or

(ii) where paragraph (2) above applies through the death of such a candidate, the candidate whose name is next highest in that registered party's regional list shall be deemed to have been appointed from the time of the death.

    (4) If the appointment of an election agent is revoked without a new appointment being made - 

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent; and

(b) in the case of a registered party, the candidate who is highest in that party's regional list shall be deemed to have been appointed (or re-appointed) election agent.

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate for return as a constituency member is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated as candidates for return as a constituency member.

    (7) Where an individual candidate for return as a regional member or a candidate on a registered party's regional list is by virtue of this article to be treated as an election agent he shall be deemed to have his office at the address given in the statement of persons and parties standing nominated.

    (8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under article 30 above.

Making of contracts
     34.  - (1) The election agent of a candidate or of a registered party shall appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate or party at that election, and hire every committee room hired on behalf of such candidate or party.

    (2) A contract by which any election expenses are incurred shall not be enforceable against a candidate or against a registered party submitting a regional list at the election unless made by - 

(a) in the case of a candidate, the candidate himself or by his election agent; or

(b) in the case of a registered party, the registered party, the nominating officer of that party, its election agent, or any candidate included in the regional list of that party,

but this paragraph does not relieve any candidate for return as a constituency member from the consequences of any corrupt or illegal practice having been committed by his agent.

    (3) The references in this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

Expenses of registered political parties
     35. For the purposes of this Part of this Order - 

(a) 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; but

(b) a sum is to be treated as paid, and an expense is to be treated as incurred, by a registered party if the payment is made or the expenses incurred - 


(i) by an election agent of the party;

(ii) by the party's nominating officer;

(iii) by any candidate included on a regional list submitted by that party; or

(iv) by any other person in accordance with arrangements for which the nominating officer is responsible.

Payment of expenses through election agent: constituency and individual candidates
     36.  - (1) Except as permitted by article 38 below, or in pursuance of article 43 or 44 below, no payment and no advance or deposit shall be made - 

(a) by a candidate for return as a constituency member or an individual candidate for return as a regional member;

(b) by any agent on behalf of such a candidate; or

(c) by any other person,

at any time in respect of election expenses otherwise than by or through the candidate's election agent.

    (2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

    (3) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

    (4) All money provided by any person other than a candidate for any election expenses, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise.

    (5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (6) A person who makes any payment, advance or deposit in contravention of paragraph (1) above, or pays in contravention of paragraph (4) above any money so provided as mentioned, shall be guilty of an illegal practice.

Payment of expenses: registered political parties etc.
     37.  - (1) Except as permitted by article 38 below, or in pursuance of articles 43 or 44 below, no payment and no advance or deposit shall be made at any time in respect of election expenses of a registered party at a Scottish parliamentary general election unless made in accordance with paragraph (2) below.

    (2) No such payment, advance or deposit shall be made - 

(a) by the party or by any agent on behalf of the party;

(b) by any candidate included in a regional list submitted by that party or by any agent on behalf of such a candidate; or

(c) by any other person,

otherwise than - 

(i) by or through an election agent of that party; or

(ii) by the nominating officer of that party or by any other person in accordance with arrangements for which that nominating officer is responsible.

    (3) Every payment made under paragraph (2) above in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

    (4) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

    (5) All money provided for any election expenses of a registered political party (whether as gift, loan, advance or deposit) provided by any person other than - 

(a) any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph (2)(ii) above,

shall be paid in accordance with paragraph (6) below.

    (6) Such money shall be paid to - 

(a) any election agent of the registered party, or any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph 2(ii) above,

and not otherwise.

    (7) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (8) A person who makes any payment, advance or deposit in contravention of paragraphs (1) and (2) above, or pays money in contravention of paragraphs (5) and (6) above shall be guilty of an illegal practice.

Candidate's personal expenses, and petty expenses
     38.  - (1) A candidate (including a candidate on a registered party's regional list) may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed - 

(a) £600 in the case of a candidate for return as a constituency member who is not also a candidate for return as a regional member; and

(b) £900 in the case of a candidate for return as a regional member (whether or not he is also a candidate for return as a constituency member),

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) A candidate shall send to the election agent within the time permitted by this Order for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) above by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member he shall send the statement to the election agent acting on his behalf in relation to his candidacy for return as a constituency member.

    (3) Any person may, if so authorised in writing by an election agent pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (4) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
     39.  - (1) Unless article 40 applies, no expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election shall be incurred at such an election by any person other than the candidate or his election agent and persons authorised in writing by the election agent on account - 

(a) of holding public meetings or organising any public display;

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors a candidate, or the views of such a candidate or the extent or nature of that candidate's backing or disparaging of another candidate or, in the case of an individual candidate for return as a regional member, of a registered party,

but sub-paragraph (c) of this paragraph shall not - 

(i) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990[7] or Part I or II of the Broadcasting Act 1996[8]; or

(ii) apply to any expenses, not exceeding in the aggregate the sum of £500, which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

    (2) Where a person incurs any expense required by this article to be authorised by the election agent - 

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate returning officer a return of the amount of those expenses stating the election at which and the candidate in whose support they were incurred; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

    (3) The return and declaration under the foregoing provisions of this article shall be in the form A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

    (4) A copy of every return and declaration made under paragraph (2) above in relation to an election shall be sent to the Secretary of State within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

    (5) If a person - 

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (2) above falsely,

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but - 

(i) the court before whom a person is convicted under this article may, if they think it is just in certain circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order); and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

    (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves - 

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the other circumstances.

[8] 1996 c.55.back