|
|
| |
| |
|
| | |
| | (a) | rule 11(1)(b) of the referendum rules; |
|
| | (b) | rule 34(1) of the Scottish Parliamentary Election Rules. |
|
| | 11 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
|
| | ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 to |
|
| | |
| | (2) | The form of postal voting statement to be issued to those entitled to vote by |
|
| | post in the referendum must be in the form set out in Form 3 in Part 3 of this |
|
| | |
| | (3) | Sub-paragraph (2) applies instead of the requirement in rule 11(1)(b) of the |
|
| | referendum rules for a postal voting statement to be in a particular form. |
|
| | (4) | The form of postal voting statement to be issued to those entitled to vote in the |
|
| | Scottish parliamentary election must be in the form set out in Form 4 in Part 3 |
|
| | |
| | (5) | Sub-paragraph (4) applies instead of the requirement in rule 34(1) of the |
|
| | Scottish Parliamentary Election Rules for a postal voting statement to be in a |
|
| | |
| | |
| | 12 | The functions of the constituency returning officer under rule 35 of the Scottish |
|
| | Parliamentary Election Rules are to be carried out by the counting officer. |
|
| | 13 | The referendum polling stations are to be used for the combined polls. |
|
| | Appointment of presiding officers and clerks |
|
| | 14 | The functions of the constituency returning officer under the following |
|
| | paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be |
|
| | carried out by the counting officer— |
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| | (a) | paragraph (1) so far as it relates to the appointment of presiding |
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| | |
| | |
| | |
| | 15 (1) | If the counting officer thinks fit, the official poll cards used for the referendum |
|
| | and the Scottish parliamentary election may be combined. |
|
| | (2) | In that case, the forms required to be used for official poll cards for the |
|
| | referendum and election must be adapted in whatever manner seems |
|
| | |
| | Equipment of polling stations |
|
| | 16 | The functions of the constituency returning officer under rule 38 of the Scottish |
|
| | Parliamentary Election Rules are to be carried out by the counting officer. |
|
| | 17 (1) | If the counting officer thinks fit, the same ballot box may be used at the polls |
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| | for the referendum and the Scottish parliamentary election (in which case the |
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| | second sentence of rule 38(1) of the Scottish Parliamentary Election Rules |
|
| | |
| | (2) | Where separate ballot boxes are used, each must be clearly marked— |
|
| | (a) | to show whether it is for referendum ballot papers, constituency ballot |
|
| | papers or regional ballot papers, and |
|
| | (b) | to show the colour of ballot papers that should be placed in it. |
|
|
|
| |
| |
|
| | |
| | 18 | The referendum ballot papers must be of a different colour from the colour of |
|
| | the constituency ballot papers or the regional ballot papers. |
|
| | Form of corresponding number lists provided to polling stations |
|
| | 19 (1) | If the counting officer thinks fit, the lists to be provided under the following |
|
| | provisions may be combined in the form set out in Form 5 in Part 3 of this |
|
| | |
| | (a) | rule 16(3)(d) of the referendum rules; |
|
| | (b) | rule 38(3)(d) of the Scottish Parliamentary Election Rules. |
|
| | (2) | In that case, this paragraph applies instead of the second sentence in rule 16(3) |
|
| | |
| | Ballot paper displayed in polling stations |
|
| | 20 (1) | The large version of the ballot paper displayed inside the polling station under |
|
| | rule 16(4)(a) of the referendum rules must be of the same colour as the ballot |
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| | papers to be used for the referendum. |
|
| | (2) | The enlarged sample copy of the constituency ballot paper displayed at the |
|
| | polling station under rule 38(4)(a) of the Scottish Parliamentary Election |
|
| | Rules, and the enlarged sample copy of the regional ballot paper displayed |
|
| | under that rule, must be of the same colour as the actual ballot papers. |
|
| | Guidance to be exhibited outside and inside polling stations |
|
| | 21 (1) | A notice in the form set out in Form 6 in Part 3 of this Schedule, giving |
|
| | directions for the guidance of voters in voting, must be printed in conspicuous |
|
| | characters and exhibited outside and inside every polling station. |
|
| | (2) | This paragraph applies instead of— |
|
| | (a) | rule 16(6) of the referendum rules; |
|
| | (b) | rule 38(11) and (12) of the Scottish Parliamentary Election Rules. |
|
| | Guidance to be exhibited in each polling station compartment |
|
| | 22 (1) | A notice in the form set out in Form 7 in Part 3 of this Schedule, giving |
|
| | directions for the guidance of voters in voting, must be exhibited in every |
|
| | compartment of every polling station. |
|
| | (2) | This paragraph applies instead of— |
|
| | (a) | rule 16(7) of the referendum rules; |
|
| | (b) | rule 38(13) of the Scottish Parliamentary Election Rules. |
|
| | Notice of appointment of polling and counting agents |
|
| | 23 | A notice required to be given to a constituency returning officer under |
|
| | rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given |
|
| | instead to the counting officer. |
|
| | Notification of requirement of secrecy |
|
| | 24 | The functions of the constituency returning officer under rule 40(1) of the |
|
| | Scottish Parliamentary Election Rules are to be carried out by the counting |
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| | |
|
|
| |
| |
|
| |
| | Admission to the polling station |
|
| | 25 (1) | Rule 20(1) of the referendum rules has effect as if the persons listed there |
|
| | included persons who would be entitled to be admitted to the polling station |
|
| | for a Scottish parliamentary election if the poll for the election were held on its |
|
| | |
| | (2) | Rule 41(1) of the Scottish Parliamentary Election Rules has effect as if the |
|
| | persons listed there included persons who would be entitled to be admitted to |
|
| | the polling station for the referendum if the poll for the referendum were held |
|
| | |
| | Voting by persons on duty on day of poll |
|
| | 26 (1) | Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) |
|
| | the reference to any polling station were to any polling station in the same |
|
| | voting area as the allotted polling station. |
|
| | (2) | A certificate as to employment on duty on the day of the poll for the |
|
| | referendum must be in the form set out in Form 8 in Part 3 of this Schedule. |
|
| | (3) | Sub-paragraph (2) applies instead of rule 20(4)(b) of the referendum rules. |
|
| | 27 | The returning officer’s function of signing certificates as to employment under |
|
| | rule 41(4) of the Scottish Parliamentary Election Rules is to be carried out by |
|
| | |
| | Removal from polling station |
|
| | 28 | The constituency returning officer’s function under rule 42(2)(b) of the |
|
| | Scottish Parliamentary Election Rules of authorising someone to remove a |
|
| | person from a polling station is to be carried out by the counting officer. |
|
| | Voting procedure: copies of registers and lists of proxies |
|
| | 29 (1) | If the counting officer thinks fit, the same copy of the register of electors may |
|
| | be used under the following provisions for the purposes of the referendum and |
|
| | the Scottish parliamentary election— |
|
| | (a) | rule 27(2) of the referendum rules; |
|
| | (b) | rule 46(2) of the Scottish Parliamentary Election Rules. |
|
| | (2) | Sub-paragraphs (3) and (4) apply where the same copy of the register is used |
|
| | as mentioned in sub-paragraph (1). |
|
| | (3) | In a case where a referendum ballot paper, and a constituency ballot paper and |
|
| | regional ballot paper, are delivered at the same time, a single mark must be |
|
| | placed in the register against the number of the elector under— |
|
| | (a) | rule 27(2)(c) of the referendum rules, and |
|
| | (b) | rule 46(2)(c) of the Scottish Parliamentary Election Rules. |
|
| | (4) | In any other case, a mark must be placed in the register against the number of |
|
| | the elector identifying the poll to which each ballot paper delivered relates. |
|
| | (5) | In the case of an elector who is added to the register in pursuance of a notice |
|
| | issued under section 13B(3B) or (3D) of the 1983 Act— |
|
| | (a) | references in this paragraph to the copy of the register of electors are |
|
| | to be read as references to the copy of the notice; |
|
| | (b) | references to a mark being placed in the register of electors are to be |
|
| | read as references to a mark being made on the copy of the notice. |
|
|
|
| |
| |
|
| | (6) | Where the same copy of the register is used as mentioned in sub-paragraph (1), |
|
| | this paragraph applies instead of rule 46(7) of the Scottish Parliamentary |
|
| | Election Rules except so far as it relates to the list of proxies. |
|
| | 30 (1) | If the counting officer thinks fit, the counting officer may require the relevant |
|
| | registration officer to produce a combined list of proxies for the referendum |
|
| | and the Scottish parliamentary election. |
|
| | (2) | The following provisions apply where the lists are combined and a person |
|
| | applies for a ballot paper as proxy. |
|
| | (3) | Immediately before delivery of the ballot paper the list of proxies must be |
|
| | |
| | (a) | identifies the proxy, |
|
| | (b) | identifies the elector for whom the proxy is applying for the ballot |
|
| | |
| | (c) | indicates whether the ballot paper is a referendum ballot paper, a |
|
| | constituency ballot paper or a regional ballot paper. |
|
| | (4) | Sub-paragraph (3) applies instead of— |
|
| | (a) | rule 27(2)(d) of the referendum rules; |
|
| | (b) | rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule |
|
| | 46(7) of those rules so far as it relates to the list of proxies. |
|
| | 31 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
|
| | ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the |
|
| | |
| | (2) | If the counting officer think fit, the counting officer may require the relevant |
|
| | registration officer to produce a combined postal voters list and a combined |
|
| | proxy postal voters list for the referendum and the Scottish parliamentary |
|
| | |
| | List of votes marked by presiding officer |
|
| | 32 (1) | If the counting officer thinks fit, a single list of votes marked by the presiding |
|
| | officer may be used in respect of— |
|
| | (a) | votes marked on referendum ballot papers, |
|
| | (b) | votes marked on constituency ballot papers, and |
|
| | (c) | votes marked on regional ballot papers. |
|
| | (2) | Where a person’s entry in that list does not relate to all three kinds of ballot |
|
| | paper, the entry must identify each kind to which it relates. |
|
| | (3) | In this paragraph “list of votes marked by the presiding officer” means a list |
|
| | |
| | (a) | rule 29(4) of the referendum rules, or |
|
| | (b) | rule 47(2) of the Scottish Parliamentary Election Rules. |
|
| | (4) | Where a single list is used as mentioned in sub-paragraph (1), this paragraph |
|
| | applies instead of rule 47(5) of the Scottish Parliamentary Election Rules. |
|
| | Declaration to be made by the companion of a voter with disabilities |
|
| | 33 (1) | A declaration made by the companion of a voter with disabilities must be in |
|
| | the form set out in Form 9 in Part 3 of this Schedule. |
|
| | (2) | In this paragraph “declaration made by the companion of a voter with |
|
| | disabilities” means a declaration made by a companion under— |
|
| | (a) | rule 30 of the referendum rules, or |
|
| | (b) | rule 48 of the Scottish Parliamentary Election Rules. |
|
| | (3) | This paragraph applies instead of— |
|
|
|
| |
| |
|
| | (a) | rule 30(5)(a) of the referendum rules; |
|
| | (b) | rule 48(7)(a) of the Scottish Parliamentary Election Rules. |
|
| | List of voters with disabilities assisted by companions |
|
| | 34 (1) | If the counting officer thinks fit, a single list of voters with disabilities assisted |
|
| | by companions may be used may be used in respect of— |
|
| | (a) | votes marked on referendum ballot papers, |
|
| | (b) | votes marked on constituency ballot papers, and |
|
| | (c) | votes marked on regional ballot papers. |
|
| | (2) | Where a person’s entry in that list does not relate to all three kinds of ballot |
|
| | paper, the entry must identify each kind to which it relates. |
|
| | (3) | In this paragraph “list of voters with disabilities assisted by companions” |
|
| | means a list compiled under— |
|
| | (a) | rule 30(8) of the referendum rules, or |
|
| | (b) | rule 48(4) of the Scottish Parliamentary Election Rules. |
|
| | (4) | Where a single list is used as mentioned in sub-paragraph (1), this paragraph |
|
| | applies instead of rule 48(9) of the Scottish Parliamentary Election Rules. |
|
| | |
| | 35 (1) | If the counting officer thinks fit, a single tendered votes list may be used in |
|
| | |
| | (a) | tendered referendum ballot papers, |
|
| | (b) | tendered constituency ballot papers, and |
|
| | (c) | tendered regional ballot papers. |
|
| | (2) | Where a person’s entry in that list does not relate to all three kinds of tendered |
|
| | ballot paper, the entry must identify each kind to which it relates. |
|
| | (3) | In this paragraph “tendered votes list” means a list compiled under— |
|
| | (a) | rule 32(7) of the referendum rules, or |
|
| | (b) | rule 49(8) of the Scottish Parliamentary Election Rules |
|
| | (4) | Where a single list is used as mentioned in sub-paragraph (1), this paragraph |
|
| | applies instead of rule 49(12) of the Scottish Parliamentary Election Rules. |
|
| | Lists relating to correction of errors on day of poll |
|
| | 36 (1) | If the counting officer thinks fit, a single list of persons to whom ballot papers |
|
| | are delivered in consequence of late alterations to the register may be used in |
|
| | |
| | (a) | referendum ballot papers, |
|
| | (b) | constituency ballot papers, and |
|
| | (c) | regional ballot papers. |
|
| | (2) | Where a person’s entry in that list does not relate to all three kinds of ballot |
|
| | paper, the entry must identify each kind to which it relates. |
|
| | (3) | In this paragraph “list of persons to whom ballot papers are delivered in |
|
| | consequence of late alterations to the register” means a list compiled under— |
|
| | (a) | rule 35 of the referendum rules, or |
|
| | (b) | rule 51 of the Scottish Parliamentary Election Rules. |
|
|
|
| |
| |
|
| | Notice of adjournment in case of riot |
|
| | 37 | Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if |
|
| | “counting officer” were substituted for “constituency returning officer”. |
|
| | Procedure on close of poll |
|
| | 38 (1) | In rule 37(1) of the referendum rules the reference to polling agents includes a |
|
| | reference to polling agents appointed for the purposes of a Scottish |
|
| | |
| | (2) | In rule 53(1) of the Scottish Parliamentary Election Rules— |
|
| | (a) | the reference to polling agents includes a reference to polling agents |
|
| | appointed for the purposes of the referendum, and |
|
| | (b) | sub-paragraph (g) does not apply. |
|
| | 39 (1) | A packet made up under one of the following provisions may not be combined |
|
| | with a packet made up under another of those provisions. |
|
| | |
| | (a) | rule 37(1)(b), (c) or (f) of the referendum rules; |
|
| | (b) | rule 53(1)(a), (b) or (d) of the Scottish Parliamentary Election Rules. |
|
| | 40 | In rule 53(1) of the Scottish Parliamentary Election Rules references to a |
|
| | constituency returning officer are to be read as references to the counting |
|
| | |
| | 41 | The ballot paper accounts prepared under rule 37(6) of the referendum rules |
|
| | and rule 53(3) of the Scottish Parliamentary Election Rules may not be |
|
| | |
| |
| | Attendance and arrangements for counting |
|
| | 42 (1) | The counting officer must make arrangements for counting the ballot papers |
|
| | and carrying out the other functions conferred by paragraph 46 in the presence |
|
| | |
| | (2) | The counting officer must give the counting agents and the regional returning |
|
| | officer notice in writing of the time and place at which the proceedings under |
|
| | |
| | (3) | A person may be present at the proceedings under paragraph 46 only if— |
|
| | (a) | the person is entitled to be present at the counting of the votes for the |
|
| | referendum or the Scottish parliamentary election, or |
|
| | (b) | the person is permitted by the counting officer to attend. |
|
| | (4) | The counting officer may give a person permission under sub-paragraph (3)(b) |
|
| | |
| | (a) | the officer is satisfied that the person’s attendance will not impede the |
|
| | efficient conduct of the proceedings, and |
|
| | (b) | the officer has consulted the referendum agents and election agents or |
|
| | thought it impracticable to do so. |
|
| | (5) | The counting officer must give the counting agents— |
|
| | (a) | whatever reasonable facilities for overseeing the proceedings, and |
|
| | (b) | whatever information with respect to the proceedings, |
|
| | | the officer can give them consistently with the orderly conduct of the |
|
| | proceedings and the discharge of the officer’s duties. |
|
|
|
| |
| |
|
| | 43 | Rule 38(1) of the referendum rules (arrangements for the counting of votes in |
|
| | the referendum) has effect with the omission of the words “after the close of |
|
| | |
| | 44 (1) | The constituency returning officer must make arrangements for counting the |
|
| | votes for the Scottish parliamentary election in the presence of the counting |
|
| | agents for the election as soon as practicable after receiving the ballot papers |
|
| | from the counting officer under paragraph 47. |
|
| | (2) | The constituency returning officer must give the counting agents for the |
|
| | Scottish parliamentary election and the regional returning officer notice in |
|
| | writing of the time and place at which the counting of the votes for the |
|
| | |
| | (3) | A person may be present at the counting of the votes for a Scottish |
|
| | parliamentary election only if— |
|
| | (a) | the person is permitted by the constituency returning officer to attend, |
|
| | |
| | (b) | the person would be entitled to be present at the counting of votes for |
|
| | the Scottish parliamentary election if it were taken on its own. |
|
| | (4) | The constituency returning officer may give a person permission under sub- |
|
| | paragraph (3)(a) only if— |
|
| | (a) | the officer is satisfied that the person’s attendance will not impede the |
|
| | efficient counting of the votes, and |
|
| | (b) | the officer has consulted the election agents or thought it impracticable |
|
| | |
| | (5) | The constituency returning officer must give the counting agents for the |
|
| | Scottish parliamentary election— |
|
| | (a) | whatever reasonable facilities for overseeing the proceedings, and |
|
| | (b) | whatever information with respect to the proceedings, |
|
| | | the officer can give them consistently with the orderly conduct of the |
|
| | proceedings and the discharge of the officer’s duties. |
|
| | (6) | In particular, where the votes are counted by sorting the ballot papers into lots |
|
| | according to the votes marked on them and then counting the number of ballot |
|
| | papers in each lot, the counting agents for the Scottish parliamentary election |
|
| | are entitled to satisfy themselves that the ballot papers are correctly sorted. |
|
| | 45 | Paragraphs 42 and 44 apply instead of rule 54 of the Scottish Parliamentary |
|
| | |
| | Counting and separation of ballot papers by counting officer |
|
| | 46 (1) | As soon as practicable after the close of the poll the counting officer must— |
|
| | (a) | in the presence of the counting agents, open the ballot boxes and count |
|
| | and record separately the number of referendum ballot papers, |
|
| | constituency ballot papers and regional ballot papers; |
|
| | (b) | where proceedings on the issue and receipt of postal ballot papers for |
|
| | the referendum and the Scottish parliamentary election are taken |
|
| | together by virtue of paragraph 2 of Schedule 4 to the 2007 Order, |
|
| | count the postal ballot papers that have been duly returned for the |
|
| | referendum, the constituency poll and the regional poll and record |
|
| | separately the number relating to each; |
|
| | (c) | where proceedings on the issue and receipt of postal ballot papers for |
|
| | the referendum and the Scottish parliamentary election are not taken |
|
| | together by virtue of paragraph 2 of Schedule 4 to the 2007 Order, |
|
| | count the duly returned referendum ballot papers and record the |
|
| | |
|