|
| |
|
(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. |
| 5 |
(3) | In this paragraph “list of votes marked by the presiding officer” means a list |
| |
| |
(a) | rule 30(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 |
| 10 |
applies instead of rule 47(4) 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 |
| 15 |
disabilities” means a declaration made by a companion under— |
| |
(a) | rule 31 of the referendum rules, or |
| |
(b) | rule 48 of the Scottish Parliamentary Election Rules. |
| |
(3) | This paragraph applies instead of— |
| |
(a) | rule 31(5)(a) of the referendum rules; |
| 20 |
(b) | rule 48(6)(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, |
| 25 |
(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” |
| 30 |
means a list compiled under— |
| |
(a) | rule 31(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(8) of the Scottish Parliamentary Election Rules. |
| 35 |
| |
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 |
| 40 |
(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 33(7) of the referendum rules, or |
| |
(b) | rule 49(7) of the Scottish Parliamentary Election Rules. |
| 5 |
(4) | Where a single list is used as mentioned in sub-paragraph (1), this paragraph |
| |
applies instead of rule 49(10) 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 |
| 10 |
| |
(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 |
| 15 |
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 |
| |
| |
(a) | rule 36 of the referendum rules, or |
| 20 |
(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 “CRO”. |
| |
Procedure on close of poll |
| 25 |
38 (1) | In rule 38(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) and (2) of the Scottish Parliamentary Election Rules, a reference |
| |
to polling agents includes a reference to polling agents appointed for the |
| 30 |
purposes of the referendum. |
| |
(3) | Rule 53(2)(g) of those rules 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. |
| |
| 35 |
(a) | rule 38(1)(b), (c) or (f) of the referendum rules; |
| |
(b) | rule 53(2)(a), (b) or (d) of the Scottish Parliamentary Election Rules. |
| |
40 | Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if |
| |
“counting officer” were substituted for “CRO” in each place. |
| |
|
| |
|
| |
|
41 | The ballot paper accounts prepared under rule 38(6) of the referendum rules |
| |
and rule 53(4) of the Scottish Parliamentary Election Rules may not be |
| |
| |
| |
Attendance and arrangements for counting |
| 5 |
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 of the counting agents. |
| |
(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 |
| 10 |
proceedings under paragraph 46 will begin. |
| |
(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. |
| 15 |
(4) | The counting officer may give a person permission under sub- |
| |
paragraph (3)(b) only if— |
| |
(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 |
| 20 |
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 |
| 25 |
proceedings and the discharge of the officer’s duties. |
| |
43 | Rule 39(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 |
| |
| |
44 (1) | The constituency returning officer must make arrangements for counting |
| 30 |
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 |
| 35 |
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 |
| 40 |
| |
(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 |
| 5 |
| |
(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, |
| 10 |
| 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 |
| 15 |
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 |
| 20 |
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 |
| 25 |
the referendum and the Scottish parliamentary election are taken |
| |
together by virtue of paragraph 2 of Schedule 4 to the 2010 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; |
| 30 |
(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 2010 Order, |
| |
count the duly returned referendum postal ballot papers and record |
| |
| 35 |
(d) | separate the referendum ballot papers, the constituency ballot |
| |
papers and the regional ballot papers. |
| |
(2) | The counting officer must not count any tendered ballot papers. |
| |
(3) | The counting officer, while counting and recording the number of ballot |
| |
| 40 |
(a) | keep the ballot papers with their faces upwards, and |
| |
(b) | take all proper precautions for preventing anyone from seeing the |
| |
numbers or other unique identifying marks printed on the back of |
| |
| |
(4) | The counting officer must, in the presence of the referendum agents and the |
| 45 |
election agents for the Scottish parliamentary election— |
| |
|
| |
|
| |
|
(a) | verify each ballot paper account by comparing it with the number of |
| |
ballot papers recorded by the officer, and the unused and spoilt |
| |
ballot papers in the officer’s possession and the tendered votes list |
| |
(opening and resealing the packets containing the unused and spoilt |
| |
ballot papers and the tendered votes list); |
| 5 |
(b) | draw up a separate statement as to the result of the verification in |
| |
| |
(5) | The counting officer must, on request, provide an election agent for the |
| |
Scottish parliamentary election with a copy of the statement relating to that |
| |
| 10 |
(6) | A counting agent for the referendum present at the verification may copy |
| |
the statement relating to the referendum. |
| |
(7) | Once the statement relating to the referendum is drawn up, the counting |
| |
| |
(a) | in the case of a voting area in a region for which a Regional Counting |
| 15 |
Officer is appointed, inform the Regional Counting Officer of the |
| |
contents of the statement; |
| |
(b) | in the case of any other voting area, inform the Chief Counting |
| |
Officer of the contents of the statement. |
| |
(8) | Rule 40 of the referendum rules does not apply. |
| 20 |
Delivery of ballot papers etc to returning officers |
| |
47 (1) | The counting officer must deliver or cause to be delivered to the |
| |
constituency returning officer the ballot papers for the Scottish |
| |
| |
(2) | The counting officer must also deliver or cause to be delivered to the |
| 25 |
constituency returning officer the packets of— |
| |
(a) | the ballot paper accounts and the statements as to the result of the |
| |
verification of the ballot paper accounts for the Scottish |
| |
| |
(b) | the unused and spoilt ballot papers for that election; |
| 30 |
(c) | the tendered ballot papers for that election; |
| |
(d) | the certificates as to employment on duty on the day of the poll for |
| |
| |
(3) | If the counting officer has not begun to count the votes given on the |
| |
referendum ballot papers by the time the statements as to the result of the |
| 35 |
verification of the ballot paper accounts in relation to all the polls are |
| |
| |
(a) | those ballot papers must be sealed into packets, each of which must |
| |
be endorsed with a description of its contents, and |
| |
(b) | the packets may not be opened until the counting officer begins |
| 40 |
dealing with the ballot papers in those packets under paragraph |
| |
| |
(4) | If, in respect of the constituency poll or the regional poll, none of the ballot |
| |
papers have been delivered under sub-paragraph (1) by the time the |
| |
statements as to the result of the verification of the ballot paper accounts in |
| 45 |
relation to all the polls are prepared— |
| |
|
| |
|
| |
|
(a) | the ballot papers for that poll must be sealed into packets, each of |
| |
which must be endorsed with a description of its contents, and |
| |
(b) | the packets may not be opened until the constituency returning |
| |
officer begins dealing with the ballot papers in those packets under |
| |
| 5 |
| |
48 (1) | The counting officer must count the votes given on the referendum ballot |
| |
papers, but must not do so until— |
| |
(a) | in the case of postal ballot papers, they have been mixed with the |
| |
ballot papers from at least one ballot box; |
| 10 |
(b) | in the case of ballot papers from a ballot box, they have been mixed |
| |
with the ballot papers from at least one other ballot box. |
| |
(2) | Where proceedings on the issue and receipt of postal ballot papers are not |
| |
taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order, the |
| |
constituency returning officer for the Scottish parliamentary election must |
| 15 |
count the duly returned postal constituency ballot papers and the duly |
| |
returned postal regional ballot papers and record separately the number |
| |
| |
(3) | The constituency returning officer must count the votes given on the |
| |
constituency ballot papers and regional ballot papers, but must not do so |
| 20 |
| |
(a) | in the case of postal ballot papers, they have been mixed with the |
| |
ballot papers from at least one ballot box; |
| |
(b) | in the case of ballot papers from a ballot box, they have been mixed |
| |
with the ballot papers from at least one other ballot box. |
| 25 |
(4) | The counting or constituency returning officer, while counting the votes, |
| |
| |
(a) | keep the ballot papers with their faces upwards, and |
| |
(b) | take all proper precautions for preventing anyone from seeing the |
| |
numbers or other unique identifying marks printed on the back of |
| 30 |
| |
(5) | The counting or constituency returning officer must so far as practicable |
| |
proceed continuously with the counting of votes, allowing only time for |
| |
refreshment, except that— |
| |
(a) | the officer may exclude the whole or any part of the period between |
| 35 |
7 pm and 9 am on the next day; |
| |
(b) | the officer may exclude a day mentioned in rule 2(1) of the |
| |
| |
(6) | During the time so excluded the counting or constituency returning officer |
| |
| 40 |
(a) | place the ballot papers and other documents relating to the |
| |
referendum or Scottish parliamentary election under the officer’s |
| |
own seal and the seals of any of the counting agents who want to |
| |
| |
(b) | otherwise take proper precautions for the security of the papers and |
| 45 |
| |
|
| |
|
| |
|
(7) | This paragraph and paragraph 49 apply instead of rule 55 of the Scottish |
| |
Parliamentary Election Rules. |
| |
Ballot papers placed in wrong ballot box |
| |
49 | Where separate ballot boxes are used for referendum ballot papers, |
| |
constituency ballot papers and regional ballot papers, the placing of a ballot |
| 5 |
paper in the wrong ballot box does not render it void. |
| |
| |
| |
50 | The result of the referendum or the constituency or regional poll in the |
| |
Scottish parliamentary election may not be declared until the statement as to |
| 10 |
the result of the verification of the ballot paper accounts in relation to each |
| |
| |
Disposal of documents etc |
| |
| |
51 (1) | The counting officer may not open the sealed packets of— |
| 15 |
(a) | the completed corresponding number lists for the Scottish |
| |
parliamentary election, or |
| |
(b) | marked copies of the polling register (within the meaning given in |
| |
Article 2(1) of the 2010 Order), and lists of proxies, for the Scottish |
| |
| 20 |
(2) | Rule 68(2) of the Scottish Parliamentary Election Rules has effect as if sub- |
| |
paragraphs (b) and (d) were omitted. |
| |
Delivery and retention of documents |
| |
52 (1) | Rules 50(1)(b) and 52 of the referendum rules apply to the specified |
| |
| 25 |
(2) | The specified documents are those specified in rule 69(1)(c), (d) and (f) of the |
| |
Scottish Parliamentary Election Rules. |
| |
(3) | Rule 70 of the Scottish Parliamentary Election Rules applies to the specified |
| |
documents as if references to the CRO were to the counting officer. |
| |
(4) | Except for the purposes of this paragraph, rule 69 of the Scottish |
| 30 |
Parliamentary Election Rules has effect as if it did not include a reference to |
| |
| |
(5) | Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by |
| |
this paragraph provided” there were substituted “provided by this |
| |
paragraph (or a court order)”. |
| 35 |
Countermand or abandonment of poll on death of candidate |
| |
53 (1) | Where under rule 72(4), 75(2) or 77(1) of the Scottish Parliamentary Election |
| |
| |
|
| |
|