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Combination of polls: Scotland |
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Provision about combination |
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1 | The polls to be taken together under section 4(3) are referred to in this |
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Schedule as “combined polls”. |
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“the 2010 Order” means the Scottish Parliament (Elections etc.) Order |
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“constituency ballot paper” means a ballot paper for the poll for |
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electing a constituency member in a Scottish parliamentary election; |
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“constituency returning officer” is to be construed in accordance with |
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Article 14 of the 2010 Order; |
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“counting agent” means a counting agent for the referendum or a |
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counting agent for a Scottish parliamentary election (except where |
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one or other is specified); |
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“regional ballot paper” means a ballot paper for the poll for electing a |
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regional member in a Scottish parliamentary election; |
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“referendum ballot paper” means a ballot paper for the referendum; |
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“regional returning officer” has the meaning given by section 12(6) of |
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“returning officer” means a person who is a constituency returning |
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officer or a regional returning officer (unless one or other is |
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“Scottish parliamentary election” means an election in a constituency |
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held under section 2 of the Scotland Act 1998 (comprising the poll for |
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electing a constituency member and the poll for electing regional |
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“Scottish Parliamentary Election Rules” means the rules set out in |
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Schedule 2 to the 2010 Order. |
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3 | The cost of taking the combined polls (excluding any cost solely attributable |
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to the referendum or the Scottish parliamentary election), and any cost |
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attributable to their combination, is to be apportioned equally between— |
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(b) | the Scottish parliamentary election. |
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4 (1) | In section 29 of the 1983 Act (payments by and to returning officer) as it has |
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effect for the purposes of a Scottish parliamentary election by virtue of |
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Article 18 of the 2010 Order, subsections (3) to (9) apply— |
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(a) | as if a reference to a returning officer included a reference to a |
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counting officer carrying out functions that, but for this Schedule, |
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would be exercisable by a returning officer (“transferred functions”), |
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(b) | as if, in relation to that counting officer, a reference to services or |
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expenses were to services rendered or expenses incurred in respect |
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of transferred functions. |
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(2) | An order under subsection (3)(b) of that section (as it has effect as mentioned |
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above) may include special provision for services rendered or expenses |
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incurred by a counting officer in respect of transferred functions. |
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(3) | Article 19 of the 2010 Order (taxation of returning officer’s accounts) applies |
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as if a reference to a returning officer included a reference to a counting |
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officer carrying out transferred functions. |
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5 | Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the |
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purposes of rule 10 of the referendum rules. |
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Action to be taken before poll |
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Corresponding number lists |
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6 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
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ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the |
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(2) | The function of the constituency returning officer under rule 29 of the |
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Scottish Parliamentary Election Rules is to be carried out by the counting |
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(3) | If the counting officer thinks fit, the lists prepared under rule 29 of the |
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Scottish Parliamentary Election Rules and rule 6 of the referendum rules |
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may be combined in the form set out in Form 1 in Part 3 of this Schedule. |
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(4) | In that case, this paragraph applies instead of— |
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(a) | rule 6(2) of the referendum rules; |
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(b) | rule 29(2) of the Scottish Parliamentary Election Rules. |
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7 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
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ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 |
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(2) | The counting officer must prepare a list under sub-paragraph (3) or (4) as the |
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(3) | A list under this sub-paragraph is a list containing the numbers and other |
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unique identifying marks of all of the ballot papers to be provided to |
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presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary |
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| The list must be in form Z set out in the Appendix to those Rules. |
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(4) | A list under this sub-paragraph is a list containing the numbers and other |
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unique identifying marks of all of the ballot papers to be provided to |
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presiding officers in pursuance of the following provisions— |
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(a) | rule 17(1) of the referendum rules; |
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(b) | rule 38(1) of the Scottish Parliamentary Election Rules. |
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| The list must be in the form set out in Form 1 in Part 3 of this Schedule. |
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(5) | A list prepared under rule 29 of the Scottish Parliamentary Election Rules |
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must not include details relating to ballot papers in relation to which a list is |
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prepared under sub-paragraph (3) or (4). |
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(6) | A reference in an enactment to a list prepared under rule 29 of the Scottish |
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Parliamentary Election Rules has effect, in so far as it relates to ballot papers |
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to be provided in pursuance of rule 38(1) of those rules, as a reference to the |
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list prepared under sub-paragraph (3) or (4). |
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(7) | Where the counting officer prepares a list under sub-paragraph (4) in |
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relation to ballot papers — |
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(a) | the list prepared under rule 6 of the referendum rules must not |
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include details relating to those ballot papers; |
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(b) | a reference in an enactment to a list prepared under rule 6 of the |
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referendum rules has effect, in so far as it relates to ballot papers to |
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be provided in pursuance of rule 17(1) of the referendum rules, as a |
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reference to the list prepared under sub-paragraph (4). |
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Notice of polling stations |
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8 | The functions of the constituency returning officer under rule 33(2) of the |
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Scottish Parliamentary Election Rules are to be carried out by the counting |
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9 (1) | The notice given by a constituency returning officer under rule 33(2) of the |
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Scottish Parliamentary Election Rules must— |
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(a) | state that the poll at the Scottish parliamentary election is to be taken |
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together with the poll for the referendum; |
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(b) | specify the relevant voting area. |
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(2) | The notice given by a counting officer under rule 11(3) of the referendum |
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(a) | state that the poll for the referendum is to be taken together with the |
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polls for the relevant Scottish parliamentary election, and |
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(b) | specify the relevant constituency. |
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10 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
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ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the |
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(2) | The functions of the constituency returning officer under rule 34 of the |
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Scottish Parliamentary Election Rules are to be carried out by the counting |
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(3) | The form of postal voting statement to be issued to those entitled to vote by |
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post in the referendum and in the Scottish parliamentary election must be in |
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the form set out in Form 2 in Part 3 of this Schedule. |
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(4) | Where that form is used, this paragraph applies instead of any requirement |
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in the following provisions for a postal voting statement to be in a particular |
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(a) | rule 12(1)(b) of the referendum rules; |
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(b) | rule 34(1) of the Scottish Parliamentary Election Rules. |
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11 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
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ballot papers are not taken together by virtue of paragraph 2 of Schedule 4 |
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(2) | The form of postal voting statement to be issued to those entitled to vote by |
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post in the referendum must be in the form set out in Form 3 in Part 3 of this |
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(3) | Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the |
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referendum rules for a postal voting statement to be in a particular form. |
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(4) | The form of postal voting statement to be issued to those entitled to vote in |
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the Scottish parliamentary election must be in the form set out in Form 4 in |
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(5) | Sub-paragraph (4) applies instead of the requirement in rule 34(1) of the |
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Scottish Parliamentary Election Rules for a postal voting statement to be in |
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12 | The functions of the constituency returning officer under rule 35 of the |
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Scottish Parliamentary Election Rules are to be carried out by the counting |
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13 | The referendum polling stations are to be used for the combined polls. |
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Appointment of presiding officers and clerks |
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14 | The functions of the constituency returning officer under the following |
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paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be |
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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 |
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referendum and the Scottish parliamentary election may be combined. |
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(2) | In that case, the forms required to be used for official poll cards for the |
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referendum and election must be adapted in whatever manner seems |
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Equipment of polling stations |
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16 | The functions of the constituency returning officer under rule 38 of the |
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Scottish Parliamentary Election Rules are to be carried out by the counting |
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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 |
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the requirement for separate ballot boxes in rule 38(1) of the Scottish |
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Parliamentary Election Rules does not apply). |
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(2) | Where separate ballot boxes are used, each must be clearly marked— |
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(a) | to show whether it is for referendum ballot papers, constituency |
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ballot papers or regional ballot papers, and |
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(b) | to show the colour of ballot papers that should be placed in it. |
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18 | The referendum ballot papers must be of a different colour from the colour |
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of the constituency ballot papers or the regional ballot papers. |
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Form of corresponding number lists provided to polling stations |
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19 (1) | If the counting officer thinks fit, the lists to be provided under the following |
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provisions may be combined in the form set out in Form 5 in Part 3 of this |
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(a) | rule 17(3)(d) of the referendum rules; |
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(b) | rule 38(3)(d) of the Scottish Parliamentary Election Rules. |
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(2) | In that case, this paragraph applies instead of the second sentence in rule |
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17(3) of the referendum rules. |
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Ballot paper displayed in polling stations |
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20 (1) | The large version of the ballot paper displayed inside the polling station |
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under rule 17(4)(a) of the referendum rules must be of the same colour as the |
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ballot papers to be used for the referendum. |
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(2) | The enlarged sample copy of the constituency ballot paper displayed at the |
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polling station under rule 38(4)(a) of the Scottish Parliamentary Election |
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Rules, and the enlarged sample copy of the regional ballot paper displayed |
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under that rule, must be of the same colour as the actual ballot papers. |
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Guidance to be exhibited outside and inside polling stations |
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21 (1) | A notice in the form set out in Form 6 in Part 3 of this Schedule, giving |
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directions for the guidance of voters in voting, must be printed in |
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conspicuous characters and exhibited outside and inside every polling |
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(2) | This paragraph applies instead of— |
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(a) | rule 17(6) of the referendum rules; |
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(b) | rule 38(11) of the Scottish Parliamentary Election Rules. |
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Guidance to be exhibited in each polling station compartment |
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22 (1) | A notice in the form set out in Form 7 in Part 3 of this Schedule, giving |
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directions for the guidance of voters in voting, must be exhibited in every |
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compartment of every polling station. |
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(2) | This paragraph applies instead of— |
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(a) | rule 17(7) of the referendum rules; |
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(b) | rule 38(12) of the Scottish Parliamentary Election Rules. |
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Notice of appointment of polling and counting agents |
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23 | A notice required to be given to a constituency returning officer under |
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rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given |
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instead to the counting officer. |
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Notification of requirement of secrecy |
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24 | The functions of the constituency returning officer under rule 40(1) of the |
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Scottish Parliamentary Election Rules are to be carried out by the counting |
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Admission to the polling station |
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25 (1) | Rule 21(1) of the referendum rules has effect as if the persons listed there |
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included persons who would be entitled to be admitted to the polling station |
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for a Scottish parliamentary election if the poll for the election were held on |
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(2) | Rule 41(1) of the Scottish Parliamentary Election Rules has effect as if the |
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persons listed there included persons who would be entitled to be admitted |
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to the polling station for the referendum if the poll for the referendum were |
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Voting by persons on duty on day of poll |
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26 (1) | Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) |
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the reference to any polling station were to any polling station in the same |
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voting area as the allotted polling station. |
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(2) | A certificate as to employment on duty on the day of the poll for the |
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referendum must be in the form set out in Form 8 in Part 3 of this Schedule. |
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(3) | Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules. |
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27 | The returning officer’s function of signing certificates as to employment |
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under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried |
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out by the counting officer. |
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Removal from polling station |
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28 | The constituency returning officer’s function under rule 42(2)(b) of the |
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Scottish Parliamentary Election Rules of authorising someone to remove a |
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person from a polling station is to be carried out by the counting officer. |
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Voting procedure: copies of registers and lists of proxies |
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29 (1) | If the counting officer thinks fit, the same copy of the register of electors may |
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be used under the following provisions for the purposes of the referendum |
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and the Scottish parliamentary election— |
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(a) | rule 28(2) of the referendum rules; |
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(b) | rule 46(2) of the Scottish Parliamentary Election Rules. |
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|
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(2) | Sub-paragraphs (3) and (4) apply where the same copy of the register is used |
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as mentioned in sub-paragraph (1). |
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(3) | In a case where a referendum ballot paper, and a constituency ballot paper |
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and regional ballot paper, are delivered at the same time, a single mark must |
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be placed in the register against the number of the elector under— |
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(a) | rule 28(2)(c) of the referendum rules, and |
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(b) | rule 46(2)(c) of the Scottish Parliamentary Election Rules. |
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(4) | In any other case, a mark must be placed in the register against the number |
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of the elector identifying the poll to which each ballot paper delivered |
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(5) | In the case of an elector who is added to the register in pursuance of a notice |
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issued under section 13B(3B) or (3D) of the 1983 Act— |
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(a) | references in this paragraph to the copy of the register of electors are |
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to be read as references to the copy of the notice; |
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(b) | references to a mark being placed in the register of electors are to be |
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read as references to a mark being made on the copy of the notice. |
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(6) | Where the same copy of the register is used as mentioned in sub-paragraph |
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(1), this paragraph applies instead of rule 46(6) of the Scottish Parliamentary |
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Election Rules except so far as it relates to the list of proxies. |
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30 (1) | If the counting officer thinks fit, the counting officer may require the relevant |
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registration officer to produce a combined list of proxies for the referendum |
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and the Scottish parliamentary election. |
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(2) | The following provisions apply where the lists are combined and a person |
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applies for a ballot paper as proxy. |
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(3) | Immediately before delivery of the ballot paper the list of proxies must be |
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(a) | identifies the proxy, |
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(b) | identifies the elector for whom the proxy is applying for the ballot |
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(c) | indicates whether the ballot paper is a referendum ballot paper, a |
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constituency ballot paper or a regional ballot paper. |
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(4) | Sub-paragraph (3) applies instead of— |
| |
(a) | rule 28(2)(d) of the referendum rules; |
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(b) | rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule |
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46(6) of those rules so far as it relates to the list of proxies. |
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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 |
| |
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(2) | If the counting officer think fit, the counting officer may require the relevant |
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registration officer to produce a combined postal voters list and a combined |
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proxy postal voters list for the referendum and the Scottish parliamentary |
| |
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List of votes marked by presiding officer |
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32 (1) | If the counting officer thinks fit, a single list of votes marked by the presiding |
| |
officer may be used in respect of— |
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