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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 1998[1], and of all other powers enabling her in that behalf, and after consulting the Electoral Commission[2], 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-
Amendment of the principal Order
(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 Act[7].
Article 3 (Register of electors etc.)
(b) omit sub-paragraph (a), and (c) in sub-paragraph (b), after "satisfied" insert "in the case of an application to vote by proxy".
(3) In paragraph (2)-
(b) omit sub-paragraph (b); and (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).
(6) In paragraph (5)-
(i) a service declaration, or (ii) a declaration of local connection;"and
(ii) at the end, omit "or";
(b) in sub-paragraph (c)-
(ii) at the end, add "or";
(c) after sub-paragraph (c) add-
(7) In paragraph (6) after "proxy" insert "(in either case, whether for an indefinite period or for a particular period specified in his application)".
(b) omit paragraph (5).
Article 10 (Proxies at Scottish parliamentary elections)
(b) for sub-paragraphs (a) and (b) substitute-
(b) there is in force an appointment of the applicant as the elector's proxy to vote for him.".
(3) Omit paragraph (5).
(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).
(8) Omit paragraph (12).
(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act[10].".
Article 23 (Discharge of registration duties)
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)
(b) in paragraph 2(b), for "£5,229" substitute "£5,483" and for "4.4p" substitute "4.6p"; and (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".
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)
(ii) after "only" insert "if supplied in printed form"; and (iii) for "them" substitute "it";
(b) in sub-paragraphs (2)(b) and 3(b)-
(ii) after "only" insert "if supplied in printed form"; and
(c) for sub-paragraph 6, substitute-
(b) as many printed copies of so much of the register as relates to the regional returning officer for that region,
as the returning officer may reasonable require for the purposes of a forthcoming Scottish Parliamentary election in his constituency.
(4) For paragraph 3 there shall be substituted-
3. Regulation 48 of the 2001 Regulations (sale of register etc.) shall apply to-
(b) the calculation of the payment of fees for such supply by any person (other than any person to whom the registration officer has a duty under this Schedule to supply copies free of charge),
as it applies to the supply of, and calculation of payment of fees for, a copy or copies of the register of electors or list of overseas electors.".
(5) For paragraph 4 there shall be substituted-
4. - (1) The duty on the registration officer to supply data under paragraphs 2 and 3 above imposes only a duty to supply such data recorded in the form in which he holds it. (2) The registration officer shall not supply data which includes information not included in the printed version of the register otherwise than under paragraph 2(6) above.".
(6) In paragraph 7 (interpretation) omit the definition of "data controller".
(b) the word "Independent".".
(3) In rule 5 (nomination of individual candidate for return as a regional member), for paragraph (4) substitute-
(b) the word "Independent"."
(4) In rule 6 (nomination of candidates on a regional list), for paragraph (7) substitute-
(5) In rule 7 (constituency nomination papers: name of registered party) in paragraph (1), after "unless" insert "the party is a qualifying party in relation to the constituency and".
(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 7 above, a copy of that certificate as well.".
(7) In rule 37 (equipment of polling stations), after paragraph (3) there shall be inserted-
(b) a device of the description set out in paragraphs (3B) to (3G) below, for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 47(1)).
(3B) The device referred to in paragraph (3A)(b) above shall be such that-
(b) a ballot paper can-
(ii) be attached to, and detached from, it; and
(c) the ballot paper will remain firmly in place once inserted into, or attached to, the device.
(3C) There shall be sufficient space to allow the particulars of each candidate and, where appropriate, registered party named on the ballot paper to be clearly shown.
(8) In rule 40(1)(f) (admission to polling station), for "blind voters" substitute "voters with disabilities".
(1) If a voter makes an application to the presiding officer to be allowed, on the ground of-
(b) inability to read,
to vote with the assistance of another person by whom he is accompanied (in this Schedule referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.";
(10) In rule 51(1)(i) (procedure on close of poll) and rule 67(1)(d) (delivery of documents to sheriff clerk) for "blind voters", wherever occurring, there shall be substituted "voters with disabilities".
(b) by hand or by post to the constituency returning officer,
before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.
Schedule 3 to the Principal Order (Absent Voting)
(b) in sub-paragraph (2)(a), omit "and"; and the reference to section 16(d) of the 1983 Act is a reference to that section as amended by paragraph 9(c) of Schedule 1 to the 2000 Act; (c) for paragraph (b) of sub-paragraph (2) substitute-
(c) in the case of a person remanded in custody, the address of the place at which he is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act; and (d) in the case of a homeless person, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act.".
(d) in sub-paragraph (3) at the end, add
(3) Paragraph 2 shall be omitted.
(b) in sub-paragraph (1)(b), for the words from "or employment" to the end, substitute ", employment or course provided by an educational institution giving rise to the application;";
(d) in sub-paragraph (2)-
(ii) in paragraph (b), omit "in any other case"; and (iii) after paragraph (b), add-
(e) in sub-paragraph (4)-
(ii) after sub-paragraph (ii), add-
(iii) in the case of a person who attests under sub-paragraph (2)(c), the post he holds at the institution.".
(5) For paragraph 5 substitute-
5. An application under article 9(1) to vote by proxy at a particular election shall set out why the applicant's circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.".
(6) Omit paragraph 7.
(b) to vote by post or proxy under article 9(1); (c) for the appointment of a proxy under article 10(6); (d) for the appointment of a proxy under article 10(7); or (e) from a proxy to vote by post under article 11(7),
shall be disregarded for the purposes of any particular election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.
(b) from a proxy to vote by post under article 11(4); (c) by a postal voter for his ballot papers to be sent to a different address or to vote instead by proxy at a particular election under article 9(2); or (d) from a postal proxy for his ballot papers to be sent to a different address at a particular election under article 11(8),
shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it was made.";
(ii) for "(4)" substitute "(2)";
(c) in sub-paragraph (4), for the words from "may be disregarded" to the end, substitute-
(ii) 5 p.m. on the sixth day before the date of the poll at that election, in any other case.".
(8) In paragraph 9 (grant or refusal of application)-
Schedule 4 to the principal Order (issue and receipt of postal ballot papers)
(b) in the definition of "postal voters' ballot box", for "11" substitute "16(1)(a)".
(3) After paragraph 3 there shall be inserted-
3A. No person may be present at the proceedings on the issue of postal ballot papers other than the constituency returning officer and his staff.".
(4) Paragraph 4 shall be amended as follows:-
(ii) in paragraph (a) for "clerks" substitute "staff", and (iii) omit paragraph (d); and
(b) in sub-paragraph (2)-
(ii) omit "not exceeding the number of such batches".
(5) For paragraph 6 there shall be substituted-
6. - (1) In the case of a person shown in the record kept under-
(b) article 11(6),
no postal ballot paper (and declaration of identity) shall be issued until after 5 p.m. on the eleventh day before the date of the poll (computed in accordance with paragraph 8(5) of Schedule 3).
(6) For paragraph 10 there shall be substituted-
10. - (1) For the purposes of delivering postal ballot papers, the constituency returning officer may use-
(b) a commercial delivery firm, or (c) persons appointed under rule 35(1) of the Scottish Parliamentary Election Rules.
(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the constituency returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(7) Paragraph 11 shall be omitted.
(2) As soon as practicable after the last batch of postal ballot papers have been issued, the constituency returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet. (3) Until the time referred to in sub-paragraph (2) above, the constituency returning officer shall take proper precautions for the security of the lists referred to in that sub-paragraph.".
(9) (a) Paragraph 13 (spoilt postal ballot paper) shall be amended as follows.
(c) In sub-paragraph (3) for the words from "too late" to the end, substitute "after 5 p.m. on the day before the day of the poll.". (d) For sub-paragraph (4), substitute-
(ii) omit "and the ballot paper envelope".
(f) After sub-paragraph (6) insert-
(8) The constituency returning officer shall enter in a list kept for the purpose ("the list of spoilt postal ballot papers")-
(b) the number of the postal ballot paper (or papers) issued under this paragraph, and (c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.".
(10) After paragraph 13 insert-
13A. - (1) Where a postal voter has not received his postal ballot paper by the third day before the day of the poll, he may apply (whether or not in person) to the constituency returning officer for a replacement ballot paper. (2) Such an application shall include evidence of the voter's identity. (3) Where the application is received by the constituency returning officer before 5 p.m. on the day before the day of the poll and the constituency returning officer-
(b) has no reason to doubt that the postal voter did not receive the original postal ballot paper,
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(b) the number of the lost postal ballot paper and of its replacement issued under this paragraph, and (c) where the postal voter whose ballot paper is lost is a proxy, his name and address.
(5) Paragraphs 3A, 4, 5 and 7 to 12 above shall apply to the issue of replacement postal ballot papers under sub-paragraph (3) above.
(11) Paragraph 14 shall be omitted.
Notice of opening of postal ballot paper envelopes 15. - (1) The constituency returning officer shall give not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened to each-
(b) except in the case of an election to fill a vacancy in the seat of a constituency member, individual candidate for return as a regional member and the election agent for each registered party standing nominated.
(2) Such a notice shall specify-
(b) the number of agents a candidate may appoint under paragraph 4(2) above to attend each opening.
Postal ballot boxes and receptacles
(b) postal ballot papers ("postal ballot box").
(2) Each such ballot box shall be marked "postal voters' ballot box" or "postal ballot box", as the case may be, and with the name of the constituency or electoral area for which the election is, or elections are, held.
(b) the receptacle for declarations of identity; (c) the receptacle for ballot paper envelopes; and (d) the receptacle for rejected ballot paper envelopes.
(6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
(b) contains a ballot paper envelope, declaration of identity or ballot papers,
the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.
(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).
(3) Where the covering envelope does not contain the declaration of identity separately, the constituency returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.
(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers),
the constituency returning officer shall mark the covering envelope "provisionally rejected", attach its contents (if any) and place it in the receptacle for rejected votes.
(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked "provisionally rejected"; and (c) in the receptacle for declarations of identity, any declaration of identity not disposed of under paragraph (b) above.
(6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the constituency returning officer shall open the envelope.
(b) place in the receptacle for rejected votes any other ballot paper, to which shall be attached the declaration of identity marked "provisionally rejected"; (c) place in the receptacle for rejected votes any declaration of identity marked "provisionally rejected" in respect of a ballot paper envelope-
(ii) which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,
and shall indicate the missing ballot paper, where that is the case; and
Opening of ballot paper envelopes
(b) in the receptacle for rejected votes, any other ballot paper which shall be marked "provisionally rejected" and to which shall be attached the ballot paper envelope; and (c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked "provisionally rejected" because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).
Lists of rejected postal ballot papers
(b) the receptacle of declarations of identity; (c) the receptacle of rejected ballot paper envelopes; and (d) the lists of spoilt and lost postal ballot papers,
and shall seal up such packets.
(b) shall, notwithstanding paragraphs 19 to 21 above, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
(2) Sub-paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2 above.
(b) a completed statement in Form AC set out in the Appendix of the number of postal ballot papers issued.
(2) Where-
(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed; or (c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued.
the constituency returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1) above.
Schedule 6 to the Principal Order (Legal Proceedings)
(b) the entries for sections 148 to 153 (withdrawal or abatement of petition) shall be omitted; (c) in the entry for section 159[13] (candidate reported guilty of corrupt or illegal practice), in the right-hand column omit the entry for subsection (2); (d) in the entry for section 160 (persons reported personally guilty of corrupt or illegal practice), in the right-hand column, delete paragraph (a) and the entry in respect of subsection (5); (e) in the entry for section 173[14] (incapacities on conviction of corrupt or illegal practice), in the right-hand column, insert "Omit subsection (10)"; (f) after the entry for section 173, there shall be added "section 173A[15] (incapacity to hold public or judicial office in Scotland)"; (g) after the entry for section 180 (evidence by certificate of holding of elections) there shall be added "section 180A[16] (evidence by certificate of electoral registration)"; (h) the reference to section 166 is a reference to that section as amended by paragraph 9 of Schedule 17 to the 2000 Political Parties Act.
(3) In Part II-
(b) in the entry for section 160 (persons reported personally guilty of corrupt or illegal practices), in the right-hand column in the entry for subsection (4), there shall be omitted paragraphs (b) and (c) and the entry for subsection (5); (c) after the entry for section 170, there shall be added "Section 173A (incapacity to hold public or judicial office in Scotland)", (d) after the entry for section 180, there shall be added "Section 180A (evidence by certificate of electoral registration)".
(4) In Parts I and II-
(b) the reference to section 185 (interpretation) is a reference to that section as amended by paragraph 10 of Schedule 17 to the 2000 Political Parties Act.
Appendix of Forms
(4) In each of Forms P, AA and AB (declarations of identity for a postal vote etc.) in the Front of form, omit the entry for "name of witness", and in the Back of form, in paragraph 1 omit the words "name and". Constituency/Region Date of poll , 20
Date Signed Returning Officer Address (This note is not part of the Order) This Order amends the Scottish Parliament (Elections etc.) Order 1999 ("the 1999 Order"). The amendments are needed as a consequence of changes made by the Representation of the People Act 2000, the Political Parties, Elections and Referendums Act 2000, the Postal Services Act 2000 and the Representation of the People (Scotland) Regulations 2001. The main changes to the 1999 Order result from the introduction by the Representation of the People Act 2000 of a new system of "rolling registration". Under this system the register of local government electors continues in force indefinitely (although revised versions of it will be produced at least once a year). This contrasts with the previous system under which the register remained in force for one year and was compiled by reference to residence on a qualifying date. As eligibility to vote at elections for membership of the Scottish Parliament depends on registration in the register of local government electors, amendment of the 1999 Order is necessary to reflect, and take account of, the changes made by the recent primary and subordinate legislation. The main changes concern-
(b) voting by proxy (articles 8 and 9), amending articles 10 and 11 of the 1999 Order; (c) the effect of registration (article 10), amending article 21 of the 1999 Order; (d) election expenses (articles 12 and 13), amending articles 35, 41, 43, 53 and 54, and omitting articles 37, 40, 42, 47, 49 and 57, of the 1999 Order; (e) provision and sale of the register (article 17), amending Schedule 1 to the 1999 Order; (f) changes to the Scottish Parliamentary Election Rules (article 18(7) to (11)), amending Schedule 2 to the 1999 Order; (g) absent voting (article 19), amending Schedule 3 to the 1999 Order in respect of absent voting, whether by post or by proxy, for an indefinite or particular period, or for a particular election; (h) issue and receipt of postal ballot papers (article 20), amending Schedule 4 to the 1999 Order; (i) amendment of Schedule 6 to the 1999 Order (article 21) which applies, to the election or return of a constituency or regional member of the Scottish Parliament, the provisions of the Representation of the People Act 1983 on legal proceedings; and (j) amendment of Forms G, V, P, AA, AB and AC set out in the Appendix to the 1999 Order (article 22 and the Schedule to this Order).
Other changes are made to take account of the establishment of the Electoral Commission and the different provisions about the registration of political parties and election campaigns made by the Political Parties, Elections and Referendums Act 2000. These are-
(l) the duty on returning officers to forward returns and declarations to the Electoral Commission (article 14) inserting a new article, 54A, in the 1999 Order, and (m) amendment of the requirements of the Scottish Parliamentary Election Rules (set out in Schedule 2 to the 1999 Order) on nominations of candidates as constituency or regional members (article 18(2) to (6)).
Articles 2, 27, 58 and Schedules 2 and 4 of the 1999 Order are also amended by paragraph 131 of Schedule 1, and by Schedule 2, to the Postal Services Act 2000 (Consequential Modifications No. (1) Order 2001 as a consequence of the changes made by that Act. Notes: [1] 1998 c.46.back [2] As required by section 7 of the Political Parties, Elections and Referendums Act 2000 (c.41).back [7] Section 15 was amended by the 2000 Act, Schedule 1, paragraph 8, and by Schedule 7.back [8] Section 13A of the 1983 Act was inserted by the 2000 Act, Schedule 1, paragraph 6.back [9] Section 13 was substituted by paragraph 6 of Schedule 1 to the 2000 Act.back [10] Section 4 was substituted by section 1(2) of the 2000 Act.back [11] Section 7B was inserted by section 6 of the 2000 Act.back [13] Section 159 of the 1983 Act was amended by paragraph 7 of Schedule 17 to the 2000 Political Parties Act.back [14] Section 173 was substituted by section 136 of the 2000 Political Parties Act.back [15] Section 173A was inserted into the 1983 Act by section 136 of the 2000 Political Parties Act.back [16] Section 180A was inserted into the 1983 Act by paragraph 20 of Schedule 1 to the 2000 Actback
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