Scottish Independence Referendum Act 2013
| Year | 2013 |
Scottish Independence Referendum Act 2013
2013 asp 14
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14 November 2013 and received Royal Assent on 17th December 2013
An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question about the independence of Scotland.
Referendum
1 Referendum on Scottish independence
(1) A referendum is to be held in Scotland on a question about the independence of Scotland.
(2) The question is-
"Should Scotland be an independent country?".
(3) The ballot paper to be used for the purpose of the referendum is to be printed-
(a) in the form set out in schedule 1, and
(b) according to the directions set out in that schedule.
(4) The date on which the poll at the referendum is to be held is 18 September 2014, unless before then an order is made under subsection (6).
(5) Subsection (6) applies if the Scottish Ministers are satisfied-
(a) that it is impossible or impracticable for the poll at the referendum to be held on 18 September 2014, or
(b) that it cannot be conducted properly if held on that date.
(6) The Scottish Ministers may by order appoint a later day (being no later than 31 December 2014) as the day on which the poll at the referendum is to be held.
(7) An order under subsection (6)-
(a) may include supplementary or consequential provision,
(b) may modify any enactment (including this Act), and
(c) is subject to the affirmative procedure.
Franchise
2 Those who are entitled to vote
Provision about who is entitled to vote in the referendum is made by the Scottish Independence Referendum (Franchise) Act 2013.
3 Declarations of local connection and service declarations: further provision
(1) The Scottish Independence Referendum (Franchise) Act 2013 is amended as follows.
(2) In section 7 (declaration of local connection: additional ground for young people), after subsection (5) insert-
"(6) For the purposes of section 5(1)(b), a declaration of local connection made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors.".
(3) After section 7 insert-
"7A Children etc. of people with a service qualification
(1) This section applies for the purposes of sections 14 to 17 of the 1983 Act (service declarations), as applied by this Act in relation to registration in the register of young voters.
(2) An eligible child has a service qualification for those purposes.
(3) Accordingly, any reference in an applied enactment to a person having a service qualification is to be read as including an eligible child.
(4) An "eligible child" is a person-
(a) who will be aged 16 or 17 on the date on which the poll at an independence referendum is to be held,
(b) a parent or guardian of whom has a service qualification under any of paragraphs (a) to (e) of section 14(1) of the 1983 Act, and
(c) who is residing at a particular place in order to be with that parent or guardian.
(5) Section 16 of the 1983 Act (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child subject to the following modifications-
(a) the references in paragraphs (b) and (d) to the United Kingdom are to be read as references to Scotland,
(b) the words from "and (except where" to the end of the section are omitted.
(6) Regulation 15 of the Representation of the People (Scotland) Regulations 2001 (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child as if the references in paragraphs (2), (3) and (4) to the spouse or civil partner of a person included references to-
(a) a child of the person,
(b) a child for whom the person acts as guardian,
(c) a child of the spouse or civil partner of the person,
(d) a child for whom the spouse or civil partner of the person acts as guardian.
(7) For the purposes of section 5(1)(b), a service declaration made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors.".
(4) In Part 2 of schedule 1 (application of provisions of the 1983 Act), for the entry relating to section 16 of the 1983 Act, substitute-
"Section 16 (contents of service declaration) |
For paragraph (f) substitute- |
Voting etc.
4 Provision about voting etc.
Schedule 2 makes provision about voting in the referendum, including-
(a) provision about the manner of voting (including provision for absent voting),
(b) provision about the register of electors,
(c) provision about postal voting, and
(d) provision about the supply of certain documents.
Conduct
5 Chief Counting Officer
(1) The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum.
(2) The Chief Counting Officer is to be the person who, immediately before this section comes into force, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of the Local Electoral Administration (Scotland) Act 2011.
(3) But subsection (2) does not apply if-
(a) there is no person appointed as convener at that time, or
(b) that person is unable or unwilling to be appointed as the Chief Counting Officer.
(4) The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers.
(5) The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if-
(a) the Chief Counting Officer is convicted of any criminal offence, or
(b) they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer's functions by reason of any physical or mental illness or disability.
(6) If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer.
(7) The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy.
(8) A person may be appointed to be-
(a) the Chief Counting Officer,
(b) a deputy of the Chief Counting Officer,
only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act.
6 Other counting officers
(1) The Chief Counting Officer must, in writing, appoint a counting officer for each local government area.
(2) The Chief Counting Off icer must notify the Scottish Ministers of each appointment made under subsection (1).
(3) A counting officer may resign by giving notice in writing to the Chief Counting Officer.
(4) The Chief Counting Officer may, by notice in writing, remove a counting officer from office if-
(a) the Chief Counting Officer is satisfied that the counting officer is for any reason unable to perform the counting officer's functions, or
(b) the counting officer fails to comply with a direction given or requirement imposed by the Chief Counting Officer.
(5) If the counting officer for an area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for the area.
(6) A counting officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to a counting officer is to be read as including a deputy.
7 Functions of the Chief Counting Officer and other counting officers
(1) The Chief Counting Officer is responsible for ensuring the proper and effective conduct of the referendum, including the conduct of the poll and the counting of votes, in accordance with this Act.
(2) Each counting officer must-
(a) conduct the poll and the counting of votes cast in the local government area for which the officer is appointed in accordance with this Act, and
(b) certify-
(i) the number of ballot papers counted by the officer,
(ii) the number of votes cast in the area in favour of each answer to the referendum question, and
(iii) the number of rejected ballot papers.
(3) A counting officer-
(a) must consult the Chief Counting Officer before making a certification under subsection (2)(b), and
(b) must not make the certification or any public announcement of the result of the count until authorised to do so by the Chief Counting Officer.
(4) The Chief Counting Officer must, for the whole of Scotland, certify-
(a) the total number of ballot papers counted,
(b) the total number of votes cast in favour of each answer to the referendum question, and
(c) the total number of rejected ballot papers.
(5) A counting officer must give the Chief Counting Officer any information which the Chief Counting Officer requires for the carrying out of the Chief Counting Officer's functions.
(6) A counting officer must carry out the counting officer's functions under this Act in accordance with any directions given by the Chief Counting Officer.
(7) The Chief Counting Officer must not impose a requirement or give a direction that is inconsistent with this Act.
(8) The Chief Counting Officer may-
(a) appoint such staff,
(b) require a council to provide, or ensure the provision of, such...
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