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 1999(3).

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 2000(4);

“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 2000(5);

“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 2001(6);”;

(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)–

(a) for the words “for an indefinite period” substitute “(whether for an indefinite period or for a particular period specified in his application)”;

(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)–

(a) omit the words “for an indefinite period”;

(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).

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

“(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) in sub-paragraph (b)–

(i) for the words “as a service voter; or”, substitute–

“in pursuance of–

(i) a service declaration, or

(ii) a declaration of local connection;”and

(ii) at the end, omit “or”;

(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) after sub-paragraph (c) add–

“(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) for the words “for an indefinite period,” substitute “(whether for an indefinite period or for a particular period specified in his application)”; and

(b) for sub-paragraphs (a) and (b) substitute–

“(a) the registration officer is satisfied that the elector is or will be registered in the register of electors; and

(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) 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 Act(9), 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 Act(10).”.

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) in paragraph 2(a) and (c), for “£5,229” substitute “£5,483” and for “5.9p” substitute “6.2p”;

(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”.

(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 “(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–

(a) in sub-paragraphs (2)(a) and (3)(a)–

(i) for “four copies” substitute “one copy”;

(ii) after “only” insert “if supplied in printed form”; and

(iii) for “them” substitute “it”;

(b) in sub-paragraphs (2)(b) and 3(b)–

(i) for “two copies” substitute “one copy”, and

(ii) after “only” insert “if supplied in printed form”; and

(c) for sub-paragraph 6, substitute–

“(6) The registration officer shall supply free of charge–

(a) as many printed copies of so much of the register as relates to a constituency to the constituency returning officer for that constituency; and

(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.

(7) In paragraph 2(1), (2) and (3) above, the duty to supply one copy of the register means a duty to supply a copy in data form, unless, prior to publication, the recipient has requested in writing a copy in printed form.

(8) In paragraph 6 above, the duty to supply as many printed copies of the register as the returning officer may reasonably require includes a duty to supply one copy in data form.”.

(4) For paragraph 3 there shall be substituted–

“Sale of register

3.  Regulation 48 of the 2001 Regulations (sale of register etc.) shall apply to–

(a) the supply by the registration officer under this Schedule of copies of any part or parts of the register to any person, and

(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–

“Supply of Data

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”.

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–

“(4) The description, if any, must consist of either–

(a) a description (of not more than six words in length) which is authorised as mentioned in rule 7 below; or

(b) the word “Independent”.”.

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

“(4) The description, if any, must consist of either–

(a) a description (of not more than six words in length) which is authorised as mentioned in rule 7 below; or

(b) the word “Independent”.”

(4) In rule 6 (nomination of candidates on a regional list), for paragraph (7) substitute–

“(7) In the application of this rule and rule 7 below, in relation to an election, “registered party” and “qualifying party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 3 above.”.

(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) The regional returning officer shall send to the Electoral Commission–

(a) a copy of the statement; 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–

“(3A) The constituency returning officer shall also provide each polling station with–

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and

(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–

(a) it satisfies the conditions in sub-paragraphs (3C) to (3G) below;

(b) a ballot paper can–

(i) be inserted into, and removed from, it; or

(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.

(3D) There shall be a separate hole in the device for each candidate and, where appropriate, registered party named on the ballot paper.

(3E) Each hole in the device shall be of equal size.

(3F) Each hole shall be positioned to frame the space to the right of the particulars of the candidate or registered party (as the case may be) on which the vote may be marked (“the relevant space”).

(3G) Each hole shall be sufficiently large to allow a voter to mark a cross in the relevant space on the ballot paper.”.

(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)–

(a) for paragraph (1) there shall be substituted–

“Voting by persons with disabilities

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of–

(a) blindness or other physical incapacity; or

(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.”;

(b) in paragraphs (2), (3), (4) and (8) for “blind voter” or “blind voters” (wherever occurring) there shall be substituted “voter with disabilities” or, as the case may be, “voters with disabilities”; and for “blind person” there shall be substituted “voter with disabilities”.

(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–

“(3) A postal ballot paper shall not be deemed to be duly returned unless it is returned–

(a) by hand to a polling station in the same constituency;

(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.

(3A) The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or declaration of identity returned to that polling station to the constituency returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 51(1) above.”.

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–

(a) in sub-paragraph (1), omit “, in addition to the address which is required by article 8(7), 9(5) or 11(12) (as the case may be)”;

(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–

“(b) in the case of a voluntary mental patient, the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act(11);

(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

• “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–

“Additional requirements for applications for a proxy vote in respect of a particular election

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.

(7) Paragraph 8 shall be amended as follows–

(a) for sub-paragraphs (1) and (2) substitute–

“(1) An application–

(a) to vote by post or proxy under article 8(1);

(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.

(2) Subject to sub-paragraph (3) below, an application–

(a) by an absent voter to alter his choice as to the manner of absent voting under article 8(6);

(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.”;

(b) in sub-paragraph (3)–

(i) omit “either sub-paragraphs (2) and (3) of paragraph 5 above or”; and

(ii) for “(4)” substitute “(2)”;

(c) in sub-paragraph (4), for the words from “may be disregarded” to the end, substitute–

“shall be disregarded for the purposes of a particular election if it is received by the registration officer after–

(i) 5 p.m. on the eleventh day before the date of the poll at that election, in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under article 8(4), and

(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)–

(a) after sub-paragraph (1) insert–

“(1A) Where the registration officer grants an application for the appointment of a proxy, he shall, where practicable, confirm in writing to the elector that the proxy has been appointed, his name and address and the duration of the appointment.”; and

(b) after sub-paragraph (4) insert–

“(5) At an election where the registration officer is not the returning officer for any constituency or part of a constituency for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.”.

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–

(a) before the definition of “postal ballot paper,” insert ““postal ballot box” means the ballot box referred to in paragraph 16(1)(b) below;”; and

(b) in the definition of “postal voters' ballot box”, for “11” substitute “16(1)(a)”.

(3) After paragraph 3 there shall be inserted–

“Persons entitled to be present at proceedings on issue of postal ballot papers

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:-

(a) in sub-paragraph (1)–

(i) omit “issue or”;

(ii) in paragraph (a) for “clerks” substitute “staff”, and

(iii) omit paragraph (d); and

(b) in sub-paragraph (2)–

(i) omit the words from “Where” to the words “2 or more batches,”; and

(ii) omit “not exceeding the number of such batches”.

(5) For paragraph 6 there shall be substituted–

“Time when postal ballot papers are to be issued

6.—(1) In the case of a person shown in the record kept under–

(a) article 9(4)(a); or

(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).

(2) In the case of any other person, the postal ballot paper (and declaration of identity) shall be issued by the constituency returning officer as soon as practicable after the registration officer has granted the application to vote by post.”.

(6) For paragraph 10 there shall be substituted–

“Delivery of postal ballot papers

10.—(1) For the purposes of delivering postal ballot papers, the constituency returning officer may use–

(a) a universal postal service provider;

(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.

(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where paragraph (1)(c) above applies).

(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

(5) In this paragraph, “universal postal service provider” has the meaning given in the Postal Services Act 2000(12) to a “universal service provider.””.

(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–