The Scottish Parliament (Elections etc.) Order 2010
| Jurisdiction | UK Non-devolved |
2010 No. 2999 (S. 9)
Constitutional Law
Devolution, Scotland
The Scottish Parliament (Elections etc.) Order 2010
Made 16th December 2010
Coming into force in accordance with article 1(1)
This Order is made in exercise of the powers conferred by sections 12(1) and 113(2), (4) and (5) of the Scotland Act 19981.
The Secretary of State for Scotland has consulted the Electoral Commission as required by section 7 of the Political Parties, Elections and Referendums Act 2000.
A draft of this Order has been laid before Parliament in accordance with section 115 of, and Schedule 7 to, the 1998 Act and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State for Scotland makes the following Order:
PART 1
GENERAL
Citation, commencement, transitional and saving provisions
1.—(1) This Order may be cited as the Scottish Parliament (Elections etc.) Order 2010 and shall come into force on the fourteenth day after the day on which it is made.
(2) This Order has no effect for the purposes of any election for which the date of poll is on or before 4th April 2011.
(3) Article 36 (control of donations to candidates) has no effect in relation to any money or other property provided as mentioned in paragraph (1)(a) and (b) of that article before 5th January 2011.
Interpretation
2.—(1) In this Order, except where the context otherwise requires—
“the 1983 Act” means the Representation of the People Act 19832;
“the 1998 Act” means the Scotland Act 19983;
“the 2000 Act” means the Representation of the People Act 20004;
“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 20005;
“the 2001 Regulations” means the Representation of the People (Scotland) Regulations 20016;
“the 2006 Act” means the Electoral Administration Act 20067;
“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;
“anonymous entry”, in relation to the register of electors, shall be construed in accordance with section 9B of the 1983 Act8(anonymous registration);
“appropriate returning officer” means—
(a) in relation to a candidate for return as a constituency member (or to an election agent or sub-agent for such a candidate), the CRO for that constituency; and
(b) in relation to an individual candidate for return as a regional member or to a registered party submitting a regional list for a particular region (or to an election agent or sub-agent for such a candidate or such a registered party), the RRO for that region;
“ballot paper”, in relation to a general election for membership of the Scottish Parliament, shall be construed as a reference to both the constituency ballot paper and the regional ballot paper;
“Citizen of the Union” shall be construed in accordance with article 9 of the Treaty on European Union9, and “relevant citizen of the Union” means such a citizen who is not a commonwealth citizen or a citizen of the Republic of Ireland;
“CRO” means the officer who, in accordance with article 14, is the constituency returning officer for a Scottish parliamentary election in a constituency;
“disability”, in relation to doing a thing, includes a short term inability to do it;
“entitlement as an elector to an absent vote” shall be construed in accordance with article 7(8);
“ERO” means an electoral registration officer within the meaning of the 1983 Act10;
“European Parliamentary Election” has the same meaning as in section 27(1) of the Representation of the People Act 198511;
“list of proxies” means the list of persons kept in pursuance of article 9(5)(b);
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 199412;
“nominating officer” means the person registered under Part 2 of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;
“of voting age” means 18 years of age or over;
“ordinary local government election” means an ordinary election of councillors for local government areas in Scotland;
“polling register” means—
(a) the document provided by an ERO under paragraph 1(3) of Schedule 1 including any notices issued under sections 13B(3B) or (3D) or 13BB(4) or (5) of the 1983 Act13(alteration of registers) after that document was produced; or,
(b) where no such document has been provided, the register of electors, including copies of any notices issued under sections 13A(2) 13B(3), (3B) or (3D) or 13BB(4) or (5) of the 1983 Act14(alteration of registers) in respect of alterations to the register; and, where a notice has been so issued, any reference to an entry, name or number stated in the polling register is to be taken to be a reference to the entry, name or number stated in that notice.
“postal ballot box” means the ballot box referred to in paragraph 16(1)(b) of Schedule 4;
“the postal voters list” means the list of persons kept in pursuance of article 9(5)(a), showing persons whose applications to vote by post have been granted;
“the proxy postal voters list” means the list of persons kept in pursuance of article 11(7);
“record of anonymous entries” means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act15;
“RRO” means a regional returning officer for the purposes of the 1998 Act16;
“register of electors” means the register of local government electors;
“registered emblem” means an emblem registered by a political party under Part 2 of the 2000 Political Parties Act;
“registered party” means a party registered under Part 2 of the 2000 Political Parties Act;
“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act17and is registered or entitled to be registered in pursuance of it;
“Scottish parliamentary election” means an election for membership of the Scottish Parliament and “Scottish parliamentary general election” shall be construed accordingly;
“Scottish Parliamentary Election Rules” means the rules set out in Schedule 2; and
“universal postal service provider” means a universal service provider within the meaning of section 4(3) of the Postal Services Act 200018(provision of universal postal service: meaning).
(2) For the purposes of this Order, a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his or her birth.
PART 2
THE FRANCHISE AND ITS EXERCISE
Registers of electors etc
3.—(1) Subject to article 4(5) and section 13B of the 1983 Act19(alteration of registers: pending elections), an alteration in a published version of the register of electors under section 13A or 56 of the 1983 Act20(alteration of registers and registration appeals) which is to take effect after the fifth day before the date of the poll for an election shall not have effect for the purposes of that election.
(2) Schedule 1 (which makes provision in connection with electors’ registers) has effect.
Registration appeals
4.—(1) An appeal lies to the sheriff from any decision under this Order of the ERO disallowing a person’s application to vote—
(a)
(a) by proxy or by post as elector; or
(b)
(b) by post as proxy,
in any case where the application is not made for a particular Scottish parliamentary election only.
(2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act (Registration Appeal Court) (“the registration appeal court”).
(3) An appeal made by virtue of this article or section 56 of the 1983 Act (registration appeals) which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.
(4) The sheriff clerk (or clerk to the registration appeal court) shall send to the ERO, by recorded delivery, notice of the decision of the sheriff (or of the registration appeal court) on any appeal by virtue of this article, and the ERO must make such alterations in the—
(a)
(a) record kept under article 8(4) (absent voters); or
(b)
(b) record kept under article 11(5) (proxy voters),
as may be required to give effect to the decision.
(5) Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register of electors is made which takes effect under this article or under section 13(5), 13A(2), 13B(3) or (3B) or 13BB(4) or (5) of the 1983 Act21(effective dates of register published following conclusion of canvass and notices of alteration of register) on or before the date of the poll for an election, paragraph (3) does not apply to that appeal as respects that election.
(6) On an appeal brought under this article, the ERO is deemed to be a party to the proceedings, and the registration expenses payable to an ERO under section 54 of the 1983 Act22shall include any expenses properly incurred by the ERO by virtue of this paragraph.
Polling districts and places at elections
5.—(1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.
(2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections under sections 18A and 18B of the 1983 Act23(polling districts and polling places), except where it appears to the local authority (or local...
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