Statutory Instrument 2001 No. 1399 (S. 5)

      The Scottish Parliament (Elections etc.) (Amendment) Order 2001


      © Crown Copyright 2001

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STATUTORY INSTRUMENTS


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 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
     3. The principal Order shall be amended as follows.

Article 2 (Interpretation)
    
4. In article 2(1)-

    (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 Act[7].

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)-

    (3) In paragraph (2)-

    (4) Omit paragraph (3).

    (5) In paragraph (4), before sub-paragraph (a) insert-

    (6) In paragraph (5)-

    (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-

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)-

    (3) Omit paragraph (5).

    (4) In paragraph (6), for the words from "showing" to the end substitute-

    (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-

    (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-

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 -

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)-

    (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-

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 "(3)(b)".

Schedule 1 to the principal Order (Election Lists and Registers: Miscellaneous and Related Provision)
    
17.  - (1) Schedule 1 to the principal Order shall be amended in accordance with this article.

    (2) Omit paragraphs 1, 5 and 6.

    (3) In paragraph 2-

    (4) For paragraph 3 there shall be substituted-

    (5) For paragraph 4 there shall be substituted-

    (6) In paragraph 7 (interpretation) omit the definition of "data controller".

Schedule 2 to the principal Order (Scottish Parliamentary Election Rules)
    
18.  - (1) Schedule 2 to the principal Order shall be amended in accordance with this article.

    (2) In rule 4 (nomination of candidate for return as a constituency member), for paragraph (4) substitute-

    (3) In rule 5 (nomination of individual candidate for return as a regional member), for paragraph (4) substitute-

    (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".

    (6) In rule 19 (publication of statement of persons and parties nominated for return as regional members) after paragraph (6) there shall be inserted-

    (7) In rule 37 (equipment of polling stations), after paragraph (3) there shall be inserted-

    (8) In rule 40(1)(f) (admission to polling station), for "blind voters" substitute "voters with disabilities".

    (9) In rule 47 (voting by blind persons)-

    (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".

    (11) In rule 53 (the count), for paragraph (3) there shall be substituted-

Schedule 3 to the Principal Order (Absent Voting)
    
19.  - (1) Schedule 3 to the principal Order shall be amended in accordance with this article.

    (2) Paragraph 1 shall be amended as follows-

      " An application under article 9(1) or (2) shall also specify whether it is for an indefinite period or for a particular period specified in the application.".

    (3) Paragraph 2 shall be omitted.

    (4) Paragraph 4 shall be amended as follows-

    (a) in sub-paragraph (1)(a), at end add-

           " or, as the case may be, it is the applicant or his spouse who is attending the course provided by an educational institution in respect of which the application is made".

    (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;";

    (c) for paragraph (d) of sub-paragraph (1) substitute-

      " (d) the reason relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.";

    (d) in sub-paragraph (2)-

      (i) in paragraph (a)(iii) omit "and";

      (ii) in paragraph (b), omit "in any other case"; and

      (iii) after paragraph (b), add-

      " ; and

      (c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the principal or head.";

    (e) in sub-paragraph (4)-

      (i) in each of paragraphs (a) and (b), after "employed person" add "or the person attending the course"; and

      (ii) after sub-paragraph (ii), add-

             " ; or

        (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-

    (6) Omit paragraph 7.

    (7) Paragraph 8 shall be amended as follows-

    (8) In paragraph 9 (grant or refusal of application)-

Schedule 4 to the principal Order (issue and receipt of postal ballot papers)
    
20.  - (1) Schedule 4 to the principal Order shall be amended in accordance with this article.

    (2) In paragraph 1-

    (3) After paragraph 3 there shall be inserted-

    (4) Paragraph 4 shall be amended as follows:-

    (5) For paragraph 6 there shall be substituted-

    (6) For paragraph 10 there shall be substituted-

    (7) Paragraph 11 shall be omitted.

    (8) For paragraph 12 there shall be substituted-

         " 12.  - (1) As soon as practicable after the issue of each batch of postal ballot papers, the constituency returning officer shall make up into a packet the counterfoils of those ballot papers which have been issued and shall seal such a packet.

        (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.

    (b) In sub-paragraph (1) for the words from "spoilt postal ballot papers," to the end, substitute "spoilt postal ballot paper and the declaration of identity.".

    (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-

        " (4) Paragraphs 3A, 4, 5 and 7 to 12 above shall apply to the issue of postal ballot papers under sub-paragraph (3) above.".

    (e) In sub-paragraph (5)-

      (i) after "it" insert "and", and

      (ii) omit "and the ballot paper envelope".

    (f) After sub-paragraph (6) insert-

        " (7) Where a postal voter applies in person, the constituency returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 12 above.

        (8) The constituency returning officer shall enter in a list kept for the purpose ("the list of spoilt postal ballot papers")-

      (a) the name and number of the elector as stated in the register;

      (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-

    (11) Paragraph 14 shall be omitted.

    (12) For paragraphs 15 to 20, there shall be substituted-

Schedule 6 to the Principal Order (Legal Proceedings)
    
21.  - (1) Schedule 6 to the principal Order shall be amended in accordance with this article.

    (2) In Part 1-

    (3) In Part II-

    (a) the entries for sections 146 (special case for determination of High Court), 147 and 152 (withdrawal or abatement of petition) shall be omitted;

    (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-

    (a) the reference to section 137 (petition at issue) is a reference to that section as substituted by paragraph 3 of Schedule 17 to the 2000 Political Parties Act;

    (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
     22.  - (1) The Appendix of Forms shall be amended in accordance with this article.

    (2) In Form G (form of declaration to be made by election agent for a candidate etc), omit "Justice of the Peace (or as the case may be) for".

    (3) In Form V (form of declaration to be made by companion of a blind voter), for "blind person" or "blind voter" (wherever occurring) there shall be substituted "voter with disabilities"; and after the note at the end of the Form (which shall become Note 1), there shall be inserted-

    (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".

    (5) For Form AC (statement as to Postal Ballot Papers) there shall be substituted the Form AC set out in the Schedule to this Order.


HELEN LIDDELL
One of Her Majesty's Principal Secretaries of State

Scotland Office, Meridian Court Glasgow
5th April 2001



SCHEDULE
Article 22(5)


FORM AC


STATEMENT AS TO POSTAL BALLOT PAPERS

Constituency/Region
Date of poll
, 20


     A. Issue of postal ballot papers

No Constituency No Region
     1. Total number of postal ballot papers issued under Schedule 4, paragraph 6(1).

         
     2. Total number of postal ballot papers issued under Schedule 4, paragraph 13(3) (where the first ballot paper was spoilt and returned for cancellation.).

         
     3. Total number of postal ballot papers issued (1 + 2).

         

     B. Receipt of postal ballot papers

No Constituency No Region
     4. Number of covering envelopes received by the returning officer before the close of poll (including any received under Schedule 4, paragraph 14(1) but excluding any undelivered or returned with spoilt ballot papers).

         
     5. Number of covering envelopes received by the returning officer after the close of poll, excluding any returned as undelivered.

   
     6. Number of postal ballot papers returned spoilt for cancellation in time for other ballot papers to be issued.

         
     7. Number of postal ballot papers returned as spoilt too late for another ballot papers to be issued.

         
     8. Number of covering envelopes returned as undelivered (up to the date of this statement).

         
     9. Number of covering envelopes not received by the returning officer by the date of this statement.

         
     10. Total Nos. 4 9 (This number should be the same as that in 3 above).

         

     C. Count of postal ballot papers

No Constituency No Region
     11. Number of covering envelopes received by the returning officer before the close of poll (excluding any undelivered or returned with spoilt ballot papers). This should equal item 4 above and should also equal items 12 plus 13.

         
     12. Number of ballot papers returned by postal voters which were included in the count of ballot papers.

         
     13. Number of cases in which a covering envelope or its contents were marked "Rejected" (cancellations under Schedule 4 paragraph 13(5) are not rejections and should be included in items 2 and 6 above).

         

Date
Signed


Returning Officer

Address




EXPLANATORY NOTE

(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-

    (a) absent voting (articles 6 and 7), amending articles 8 and 9 of the 1999 Order;

    (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-

    (k) the requirement for the Secretary of State to act only in accordance with and on the recommendation of the Electoral Commission (article 11), amending article 23 of the 1999 Order;

    (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

[3] S.I. 1999/787.back

[4] 2000 c.2back

[5] 2000 c.41.back

[6] S.I. 2001/497.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

[12] 2000 c.26.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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