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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Scottish Parliament (Elections etc.) (Amendment) Order 2001 URL: http://www.bailii.org/uk/legis/num_reg/2001/20011399.html |
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Made | 5th April 2001 | ||
Coming into force in accordance with article 1 |
Amendment of the principal Order
3.
The principal Order shall be amended as follows.
Article 2 (Interpretation)
4.
In article 2(1)-
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)-
(ii) at the end, omit "or";
(b) in sub-paragraph (c)-
(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)".
(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-
(b) in sub-paragraphs (2)(b) and 3(b)-
(c) for sub-paragraph 6, substitute-
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-
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-
(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-
(3B) The device referred to in paragraph (3A)(b) above shall be such that-
(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)-
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".
(11) In rule 53 (the count), for paragraph (3) there shall be substituted-
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-
(d) in sub-paragraph (3) at the end, add
(3) Paragraph 2 shall be omitted.
(4) Paragraph 4 shall be amended as follows-
(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) in sub-paragraph (2)-
(e) in sub-paragraph (4)-
(5) For paragraph 5 substitute-
(6) Omit paragraph 7.
(7) Paragraph 8 shall be amended as follows-
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-
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.";
(c) in sub-paragraph (4), for the words from "may be disregarded" to the end, substitute-
(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:-
(b) in sub-paragraph (2)-
(5) For paragraph 6 there shall be substituted-
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-
(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-
(9) (a) Paragraph 13 (spoilt postal ballot paper) shall be amended as follows.
(f) After sub-paragraph (6) insert-
(10) After paragraph 13 insert-
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(4) The constituency returning officer shall enter in a list kept for the purpose ("the list of lost postal ballot papers")-
(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.
(6) Where a postal ballot voter applies in person, the constituency returning officer may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 12 above.
(7) Where the constituency returning officer issues another ballot paper, or as the case may be, postal ballot papers under sub-paragraph (3) above, the lost ballot paper shall be void and of no effect.".
(11) Paragraph 14 shall be omitted.
(12) For paragraphs 15 to 20, there shall be substituted-
(2) Such a notice shall specify-
Postal ballot boxes and receptacles
16.
- (1) The constituency returning officer shall provide a separate ballot box for the reception of-
(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.
(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.
(4) The constituency returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
(5) The constituency returning officer shall provide the following receptacles-
(6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
Receipt of covering envelope
17.
- (1) The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
(2) Where an envelope, other than a covering envelope issued by the constituency returning officer-
the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.
Opening of postal voters' ballot box
18.
- (1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of any agents, if in attendance.
(2) So long as the constituency returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal votes' ballot boxes may previously be opened by him.
(3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 53 of the Scottish Parliamentary Election Rules.
Opening of covering envelopes
19.
- (1) When a postal voters' ballot box is opened, the constituency returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope (including any envelope described in paragraph 17(2) above) separately.
(2) The procedure in paragraph 20 below applies where a covering envelope (including an envelope to which paragraph 17(2) above applies) contains both-
(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.
(4) Where a covering envelope does not contain both-
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.
Procedure in relation to declarations of identity
20.
- (1) The constituency returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his address (referred to as a "valid declaration of identity").
(2) Where the constituency returning officer is not so satisfied, he shall mark the declaration "rejected", attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.
(3) Before placing the declaration in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words "rejection objected to".
(4) The constituency returning officer shall then compare the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.
(5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under paragraph 19(3) above, he shall place-
(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.
(7) Where an envelope has been opened under paragraph 19(3) above or sub-paragraph (6) above, the constituency returning officer shall-
and shall indicate the missing ballot paper, where that is the case; and
(d) place in the receptacle for declarations of identity, any such declaration not disposed of under paragraph (b) or (c) above.
Opening of ballot paper envelopes
21.
- (1) The constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
(2) He shall place-
Lists of rejected postal ballot papers
22.
- (1) In respect of any election, the constituency returning officer shall keep two separate lists of rejected postal ballot papers.
(2) In the first list, he shall record the ballot paper number of any postal ballot paper which is not accompanied by a valid declaration of identity.
(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.
Checking of lists kept under paragraph 22
23.
- (1) Where the constituency returning officer receives a valid declaration of identity without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he shall from time to time prior to the close of the poll, check the list kept under paragraph 22(2) above to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is (or are) entered in that list.
(2) Where the constituency returning officer receives a postal ballot paper without the declaration of identity relating to it, he may, at any time prior to the close of the poll, check the list kept under paragraph 22(3) above to see whether the number of that ballot paper is entered in that list.
(3) The constituency returning officer shall conduct the checks required by sub-paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 51 of the Scottish Parliamentary Election Rules.
(4) Where the ballot paper number in the list matches the number of a valid declaration of identity or, as the case may be, a postal ballot paper, the constituency returning officer shall retrieve the relevant declaration or paper.
(5) The constituency returning officer shall then take the appropriate steps under this Schedule as though any document earlier marked "provisionally rejected" had not been so marked and shall amend the document accordingly.
Sealing of receptacles
24.
- (1) As soon as practicable after the completion of the procedure under paragraph 23(3) and (4) above, the constituency returning officer shall make up into separate packets the contents of-
and shall seal up such packets.
(2) Any document in those packets marked "provisionally rejected" shall be deemed to be marked "rejected".
Abandoned poll
25.
- (1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer-
(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.
Forwarding of documents
26.
- (1) The constituency returning officer shall forward to the sheriff clerk at the same time as he forwards the documents mentioned in rule 67 of the Scottish Parliamentary Election Rules-
(2) Where-
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.
(4) Rules 66 and 67 of the Scottish Parliamentary Election Rules shall apply to any packet or document forwarded under this paragraph.
(5) A copy of the statement referred to in sub-paragraph (1)(b) above shall be provided by the constituency returning officer to the Secretary of State.".
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-
(4) In Parts I and II-
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
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. |
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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). |
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-
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.
[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