| Paragraph 1 (interpretation) |
| For the definition of “agent” substitute— |
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| | ““agent”, except in paragraph 5(3) to (9)— |
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| | (a) | in relation to the election, |
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| | includes an election agent and a |
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| | person appointed to attend in the |
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| | (b) | in relation to the referendum, |
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| | means a referendum agent or an |
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| | agent appointed under paragraph |
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| | In the definition of “proxy postal voters list”, after |
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| | “article 12(7)” insert “or paragraph 8(6) of Schedule 3 to |
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| | the Parliamentary Voting System and Constituencies Act |
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| | In the appropriate places insert— |
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| | ““postal voters list” includes the list kept |
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| | under paragraph 5(2) of Schedule 3 to the |
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| | Parliamentary Voting System and |
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| | Constituencies Act 2010;”; |
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| | ““relevant returning or counting officer” |
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| | (a) | in a case where proceedings on |
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| | the issue and receipt of postal |
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| | ballot papers are taken together |
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| | by virtue of paragraph 2, the |
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| | (b) | in any other case, the |
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| | constituency returning officer, in |
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| | relation to the election, or the |
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| | counting officer, in relation to |
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| | In the definition of “valid postal voting statement”, for |
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| | “constituency returning officer” substitute “relevant |
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| | returning or counting officer”. |
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| Paragraph 2 (combination of |
| For paragraph 2 substitute— |
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| | Proceedings on the issue and receipt of postal |
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| | ballot papers in respect of the Scottish |
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| | parliamentary election and the referendum may, |
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| | if the constituency returning officer and the |
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| | counting officer think fit, be taken together.” |
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| Paragraph 3 (form of postal |
| Omit the whole paragraph. |
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| Paragraph 4 (persons entitled to |
| In sub-paragraphs (1) and (2), for “constituency |
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| be present at proceedings on |
| returning officer” substitute “relevant returning or |
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| issue of postal ballot papers) |
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| Paragraph 5 (persons entitled to |
| For sub-paragraph (1) substitute— |
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| be present at proceedings on |
| (1) | In a case where proceedings on the receipt of |
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| receipt of postal ballot papers) |
| postal ballot papers are taken together by virtue |
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| | of paragraph 2, the only persons who may be |
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| | present at those proceedings are the appropriate |
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| | persons in relation to the Scottish parliamentary |
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| | election and the referendum. |
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| | (1A) | In any other case, the only persons who may be |
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| | present at the proceedings on the receipt of postal |
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| | (a) | in respect of the Scottish parliamentary |
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| | election, are the appropriate persons in |
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| | relation to the election; |
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| | (b) | in respect of the referendum, are the |
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| | appropriate persons in relation to the |
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| | (1B) | The following are appropriate persons in relation |
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| | to the Scottish parliamentary election— |
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| | (a) | the constituency returning officer and his |
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| | (b) | the regional returning officer; |
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| | (c) | a candidate for return as a constituency |
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| | member or an election agent of such a |
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| | candidate or any person appointed by a |
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| | candidate to attend in his election agent’s |
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| | | | |
| | (d) | an individual candidate for return as a |
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| | regional member or his election agent or |
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| | any person authorised by the candidate to |
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| | attend in his election agent’s place; |
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| | (e) | the election agent of a registered party |
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| | standing nominated or the nominating |
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| | officer of that party or any person |
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| | authorised by that officer to attend in his |
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| | (f) | an agent appointed under sub- |
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| | (1C) | The following are appropriate persons in relation |
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| | (a) | the counting officer; |
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| | (b) | the counting officer’s clerks; |
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| | (c) | the referendum agents and any agents |
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| | appointed under sub-paragraph (3). |
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| | (1D) | This paragraph is without prejudice to section |
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| | 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties |
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| | (a) | for “constituency returning officer” substitute |
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| | “relevant returning or counting officer”; |
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| | (b) | at the end insert “in relation to proceedings |
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| | In sub-paragraphs (3) to (8), for “constituency returning |
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| | officer” substitute “relevant returning or counting |
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| | After sub-paragraph (8) insert— |
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| | “(8A) | In relation to the referendum, in sub-paragraph |
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| | (3), (4), (6) or (9) a reference to a candidate for |
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| | return as a constituency member is to be read as |
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| | a reference to a referendum agent.” |
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| | In sub-paragraph (10), for “the candidates or their |
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| | agents” substitute “any persons mentioned in sub- |
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| | paragraphs (1B)(c) to (f) or (1C)(c)”. |
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| Paragraph 6 (notification of |
| For paragraph 6 substitute— |
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| | “6 | Notification of requirements of secrecy |
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| | (1) | In a case where proceedings on the issue and |
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| | receipt of postal ballot papers are taken together |
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| | by virtue of paragraph 2, the counting officer |
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| | shall make such arrangements as he thinks fit to |
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| | ensure that every person attending the |
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| | proceedings in connection with the issue or |
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| | receipt of postal ballot papers has been given a |
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| | (a) | the provisions of article 32(5) and (7); |
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| | (b) | the provisions of subsections (4) and (6) |
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| | of section 66 of the 1983 Act as they |
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| | apply in relation to the referendum. |
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| | (a) | the constituency returning officer shall |
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| | make such arrangements as he thinks fit |
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| | to ensure that every person attending |
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| | proceedings in connection with the issue |
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| | or receipt of postal ballot papers for the |
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| | Scottish parliamentary election has been |
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| | given a copy in writing of the provisions |
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| | of article 32(5) and (7); |
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| | (b) | the counting officer shall make such |
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| | arrangements as he thinks fit to ensure |
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| | that every person attending proceedings |
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| | in connection with the issue or receipt of |
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| | postal ballot papers for the referendum |
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| | has been given a copy in writing of the |
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| | provisions of subsections (4) and (6) of |
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| | section 66 of the 1983 Act as they apply |
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| Paragraph 7 (time when postal |
| In sub-paragraph (1), after “voting statement)” insert |
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| ballot papers are to be issued) |
| “for the Scottish parliamentary election”. |
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| | After sub-paragraph (1) insert— |
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| | “(1A) | In the case of a person within entry 2, 3 or 4 of |
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| | the table in paragraph 5(2) of Schedule 3 to the |
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| | Parliamentary Voting System and |
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| | Constituencies Act 2010 or entry 2, 3 or 4 of |
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| | the table in paragraph 8(6) of that Schedule |
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| | (electors and proxies entitled to vote by post |
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| | for an indefinite or definite period), no postal |
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| | ballot paper (and no postal voting statement) |
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| | for the referendum shall be issued until after |
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| | 5 pm on the eleventh day before the date of the |
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| | poll (computed in accordance with paragraph |
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| | 7(7) of Schedule 3 to this Order).” |
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| | In sub-paragraph (2), omit “by the constituency returning |
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| Paragraph 8 (procedure on |
| In sub-paragraph (1), for “special lists kept under article |
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| issue of postal ballot papers) |
| 10(5)” substitute “postal voters list”. |
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| | For sub-paragraph (3) substitute— |
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| | “(3) | Sub-paragraphs (3A) and (3B) apply where— |
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| | (a) | proceedings on the issue of postal ballot |
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| | papers are taken together by virtue of |
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| | (b) | a combined postal voters list or proxy |
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| | postal voters list is produced by virtue of |
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| | paragraph 31 of Schedule [Combination |
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| | of polls: Scotland] to the Parliamentary |
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| | Voting System and Constituencies Act |
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| | (3A) | In a case where a postal ballot paper is issued at |
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| | the same time in respect of the Scottish |
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| | parliamentary election and the referendum, a |
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| | single mark must be placed in the list under sub- |
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| | (3B) | In any other case, a mark must be placed in the |
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| | list under sub-paragraph (1) identifying the poll |
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| | to which each postal ballot paper issued relates. |
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| | (3C) | Where proceedings on the issue of postal ballot |
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| | papers are taken together by virtue of paragraph |
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| | 2, the number of each postal ballot paper issued |
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| | shall be marked on the postal voting statement |
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| | In sub-paragraph (4), for the words from the beginning to |
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| | “but” substitute “Where”. |
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| | (a) | in paragraph (a), for “the special list kept under |
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| | article 10(5)(a)” substitute “the postal voters |
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| | (b) | in paragraph (b), for “the special list kept under |
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| | article 10(5)(b)” substitute “the proxy postal |
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| | (a) | after “sub-paragraph (5)” insert “in relation to a |
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| | Scottish parliamentary election”; |
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| | | “and, in relation to the referendum, the items |
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| | specified in sub-paragraph (5) must be sent to |
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| | the address to which postal ballot papers should |
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| | be sent as mentioned in column 3 of the table in |
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| | paragraph 5(2) or 8(6) of Schedule 3 to the |
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| | Parliamentary Voting System and Constituencies |
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| Paragraph 9 (refusal to issue |
| For paragraph 9 substitute— |
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| | “9 | Refusal to issue ballot papers |
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| | Where the relevant returning or counting officer |
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| | is satisfied that two or more entries in either the |
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| | postal voters list, or the proxy postal voters list, or |
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| | in each of those lists relate to the same elector he |
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| | shall not issue more than one constituency ballot |
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| | paper, regional ballot paper or referendum ballot |
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| | paper (as the case may be) in respect of the same |
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| | (a) | for “constituency returning officer” substitute |
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| | “relevant returning or counting officer”; |
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| | (b) | after “Rules” insert “or rule 11 of the referendum |
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| | (a) | for “constituency returning officer” substitute |
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| | “relevant returning or counting officer”; |
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| | (b) | in paragraph (c), at the beginning insert “unless |
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| | the envelope has a window through which the |
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| | number on the ballot paper (or ballot papers) can |
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| | In sub-paragraph (3), for the words from the beginning to |
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| | “but” substitute “Where”. |
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| Paragraph 11 (delivery of |
| In sub-paragraphs (1) and (2), for “constituency |
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| | returning officer” substitute “relevant returning or |
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| Paragraph 12 (security of |
| In sub-paragraphs (1) and (2), for “constituency |
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| | returning officer” substitute “relevant returning or |
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| Paragraph 13 (spoilt postal |
| For “constituency returning officer” (in each place) |
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| | substitute “relevant returning or counting officer”. |
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| Paragraph 14 (lost postal ballot |
| For “constituency returning officer” (in each place) |
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| | substitute “relevant returning or counting officer”. |
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| opening of postal ballot paper |
| (a) | for “constituency returning officer” substitute |
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| | “relevant returning or counting officer”; |
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| | (b) | for paragraphs (a) and (b) substitute “each of the |
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| | persons mentioned in sub-paragraph (1A)”. |
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| | After sub-paragraph (1) insert— |
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| | (a) | in relation to the Scottish parliamentary |
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| | election, each candidate for return as a |
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| | constituency member, each individual |
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| | candidate for return as a regional |
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| | member and the election agent for each |
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| | registered party standing nominated; |
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| | (b) | in relation to the referendum, the |
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| | In sub-paragraph (2)(b), after “candidate” insert “or |
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| | referendum agent (as the case may be)”. |
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| Return of postal ballot papers |
| After paragraph 15 insert— |
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| | “15A | Return of postal ballot papers etc |
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| | (1) | A postal ballot paper shall not be taken to be duly |
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| | returned for the purposes of Part 1 of Schedule |
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| | [Combination of polls: Scotland] to the |
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| | Parliamentary Voting System and Constituencies |
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| | | | |
| | (a) | before the close of the poll— |
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| | (i) | it is returned by hand or post and |
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| | reaches the relevant returning or |
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| | (ii) | it is returned by hand to a polling |
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| | station in the constituency or |
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| | voting area for which the officer |
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| | (b) | the postal voting statement duly signed |
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| | is, before that time, also returned |
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| | (i) | by hand or post and reaches the |
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| | relevant returning or counting |
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| | (ii) | by hand and reaches such a |
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| | (c) | the postal voting statement also states the |
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| | date of birth of the elector or, as the case |
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| | (d) | in a case where the relevant returning or |
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| | counting officer takes steps to verify the |
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| | date of birth and signature of the elector |
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| | or, as the case may be, proxy in |
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| | accordance with paragraph 20A or, as the |
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| | case may be, paragraph 20B, he so |
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| | verifies the date of birth and signature of |
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| | that elector or, as the case may be, proxy. |
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| | (2) | The presiding officer of the polling station shall |
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| | deliver or cause to be delivered any postal ballot |
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| | paper or postal voting statement returned to that |
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| | polling station to the relevant returning or |
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| | counting officer in the same manner and at the |
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| | same time as he delivers, or causes to be |
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| | delivered, the packets referred to in rule 53 of |
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| | Schedule 2 or rule 37 of the referendum rules. |
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| | (3) | The relevant returning or counting officer may |
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| | collect, or cause to be collected, any postal ballot |
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| | paper or postal voting statement which by virtue |
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| | of sub-paragraph (2) the presiding officer of a |
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| | polling station would otherwise be required to |
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| | deliver or cause to be delivered to him. |
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| | (4) | Where the relevant returning or counting officer |
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| | collects, or causes to be collected, any postal |
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| | ballot paper or postal voting statement in |
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| | accordance with sub-paragraph (3) the presiding |
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| | officer shall first make it (or them) up into a |
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| | packet (or packets) sealed with his own seal and |
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| | the seals of such polling agents as are present and |
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| | desire to affix their seals.” |
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| Paragraph 16 (postal ballot |
| For “constituency returning officer” (in each place) |
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| | substitute “relevant returning or counting officer”. |
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| | For sub-paragraph (2) substitute— |
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| | “(2) | Each of those ballot boxes— |
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| | (a) | shall be marked “postal voter’s ballot |
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| | box” or “postal ballot box” as |
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| | | | |
| | (b) | shall be marked with the name of each |
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| | constituency, electoral area or voting |
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| | area in relation to which it is to be used.” |
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| | In sub-paragraph (4), after “lock the ballot box” insert |
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| | | | |
| | In sub-paragraphs (1) and (2), for “constituency |
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| | returning officer” substitute “relevant returning or |
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| | | | |
| | Omit sub-paragraphs (3) and (4). |
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| | In sub-paragraphs (1) and (2), for “constituency |
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| postal voters’ ballot box) |
| returning officer” substitute “relevant returning or |
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| | | | |
| | In sub-paragraph (3), for “votes under rule 55 of the |
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| | Scottish Parliamentary Election Rules” substitute “ballot |
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| | | | |
| | For “constituency returning officer” (in each place) |
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| | substitute “relevant returning or counting officer”. |
| | |
| | In sub-paragraph (7), for “or (3)(a)” substitute “, (3A) or |
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| | | | |
| Paragraph 20 (procedure in |
| For “constituency returning officer” (in each place) |
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| relation to postal voting |
| substitute “relevant returning or counting officer”. |
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| | | | |
| Paragraph 20A (procedure in |
| For “constituency returning officer” (in each place) |
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| relation to postal voting |
| substitute “relevant returning or counting officer”. |
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| statements: personal identifier |
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| | | | |
| Paragraph 20B (postal voting |
| For “constituency returning officer” (in each place) |
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| statements: additional personal |
| substitute “relevant returning or counting officer”. |
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| | | | |
| | In sub-paragraph (4), for “lock and reseal the postal |
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| | ballot box” substitute “lock the postal ballot box (if it has |
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| | a lock), and reseal it,”. |
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| Paragraph 21 (opening of ballot |
| In sub-paragraph (1), for “constituency returning officer” |
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| | substitute “relevant returning or counting officer”. |
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| Paragraph 22 (retrieval of |
| In sub-paragraphs (1) and (3), for “returning officer” |
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| cancelled postal ballot papers) |
| substitute “relevant returning or counting officer”. |
| | |
| | In sub-paragraph (2)(f), for “votes under rule 55 of the |
| | |
| | Scottish Parliamentary Election Rules” substitute “ballot |
| | |
| | | | |
| Paragraph 23 (lists of rejected |
| In sub-paragraph (1), for “any election, the constituency |
| | |
| | returning officer” substitute “the Scottish parliamentary |
| | |
| | election and in respect of the referendum, the relevant |
| | |
| | returning or counting officer”. |
| | |
| Paragraph 24 (checking of lists |
| For “constituency returning officer” (in each place) |
| | |
| of rejected postal ballot papers) |
| substitute “the relevant returning or counting officer”. |
| | |
| | In sub-paragraph (3), at the end insert “or voting area |
| | |
| | under rule 37 of the referendum rules”. |
| | |
| | In sub-paragraphs (1) and (2), for “constituency |
| | |
| receipt of postal votes and |
| returning officer” substitute “the relevant returning or |
| | |
| postal voting statements) |
| | | |
| | In sub-paragraph (1), for “constituency returning officer” |
| | |
| | substitute “the relevant returning or counting officer”. |
| | |
| Paragraph 27 (abandoned poll) |
| In sub-paragraph (2), for “election” substitute “poll”. |
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| Paragraph 28 (forwarding or |
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| | “(A1) | Where proceedings on the issue and receipt of |
| | |
| | postal ballot papers are taken together by virtue |
| | |
| | of paragraph 2, the counting officer shall— |
| | |
| | (a) | endorse on each packet referred to in |
| | |
| | paragraphs 12, 13(7), 14(5), 19(8) and |
| | |
| | 26, subject to paragraph 27, a description |
| | |
| | of its contents, the date of the election or |
| | |
| | referendum and the area to which it |
| | |
| | | | |
| | (b) | complete a statement, in form W set out |
| | |
| | in the Appendix, of the number of postal |
| | |
| | ballot papers issued in respect of the |
| | |
| | | | |
| | (c) | complete a statement, in the form set out |
| | |
| | in Form 10 in Part 3 of Schedule |
| | |
| | [Combination of polls: Scotland] to the |
| | |
| | Parliamentary Voting System and |
| | |
| | Constituencies Act 2010, of the number |
| | |
| | of postal ballot papers issued in respect |
| | |
| | | | |
| | (d) | retain the packets and the statements. |
| | |
| | (A2) | Where proceedings on the issue and receipt of |
| | |
| | postal ballot papers are not taken together by |
| | |
| | | | |
| | (a) | sub-paragraph (A3) applies in relation to |
| | |
| | documents that relate to the referendum; |
| | |
| | (b) | sub-paragraph (1) applies in relation to |
| | |
| | documents that relate to the Scottish |
| | |
| | | | |
| | (A3) | The counting officer shall— |
| | |
| | (a) | endorse on each packet referred to in |
| | |
| | paragraphs 12, 13(7), 14(5), 19(8) and 26 |
| | |
| | a description of its contents, the date of |
| | |
| | the referendum and the voting area to |
| | |
| | | | |
| | (b) | complete a statement, in the form set out |
| | |
| | in Form 10 in Part 3 of Schedule |
| | |
| | [Combination of polls: Scotland] to the |
| | |
| | Parliamentary Voting System and |
| | |
| | Constituencies Act 2010, of the number |
| | |
| | of postal ballot papers issued; |
| | |
| | (c) | retain the packets and the statement.” |
| | |
| | | | |
| | (a) | in paragraph (a), for “Rule 53(1)(g) of the |
| | |
| | Scottish Parliamentary Election Rules” |
| | |
| | substitute “paragraph 15A”; |
| | |
| | (b) | for “constituency returning officer” substitute |
| | |
| | “relevant returning or counting officer”; |
| | |
| | (c) | for the words after “seal up such packet and |
| | |
| | endorse” substitute “and deal with it in the |
| | |
| | manner described in sub-paragraph (A1), (A3) |
| | |
| | or (1) (as appropriate)”. |
| | |
| | In sub-paragraph (3), for “Rules 68 and 69 of the |
| | |
| | Scottish Parliamentary Elections Rules” substitute “The |
| | |
| | rules specified in sub-paragraph (3A)”. |
| | |
| | After sub-paragraph (3) insert— |
| | |
| | | | |
| | (a) | in a case where proceedings on the issue |
| | |
| | and receipt of postal ballot papers are |
| | |
| | taken together by virtue of paragraph 2— |
| | |
| | (i) | rule 50 of the referendum rules |
| | |
| | and rule 70 of the Scottish |
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| | Parliamentary Elections Rules, |
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| | (ii) | rule 51 of the referendum rules; |
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| | (i) | rule 50 of the referendum rules |
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| | or (as the case may be) rule 70 of |
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| | the Scottish Parliamentary |
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| | (ii) | rule 51 of the referendum rules |
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| | or (as the case may be) rule 71 of |
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| | the Scottish Parliamentary |
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| | (a) | for “sub-paragraph (1)(b)” substitute “sub- |
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| | paragraph (A1)(b) or (c), (A3)(b) or (1)(b)”; |
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| | (b) | for “constituency returning officer” substitute |
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| | “relevant returning or counting officer”. |
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| | In a case where proceedings on the issue and receipt of |
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| | postal ballot papers are taken together by virtue of |
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| | paragraph 2 of Schedule 4 to the Scottish Parliamentary |
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| | (a) | for “Returning Officer” or “Constituency |
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| | Returning Officer”, in each place, substitute |
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