Parliamentary Voting System and Constituencies Act 2011

Disposal of documents etc

Packets of documents

51(1)The counting officer may not open the sealed packets of—

(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 parliamentary election.

(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 documents.

(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 Parliamentary Election Rules has effect as if it did not include a reference to the specified documents.

(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)”.

53Schedule 8 to the 2010 Order has effect—

(a)as if the reference in paragraph 1 to documents retained under rule 71 of the Scottish Parliamentary Election Rules were to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 52 above;

(b)as if the reference to that Schedule in paragraph 4(2) were to any enactment;

(c)as if references to the CRO included references to the counting officer.

Countermand or abandonment of poll on death of candidate

54(1)Where under rule 72(4), 75(2) or 77(1) of the Scottish Parliamentary Election Rules—

(a)notice of the constituency poll or the regional poll for the Scottish parliamentary election is countermanded, or

(b)it is directed that the poll be abandoned,

the countermand or direction does not affect the other poll at the Scottish parliamentary election or the poll for the referendum.

(2)Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and (4).

(3)In paragraph (2), after “CRO” insert “or counting officer”.

(4)For paragraph (3) substitute—

“(3)After the close of any polls that are being taken together with the poll that has been abandoned, the counting officer must—

(a)separate the ballot papers for the abandoned poll, and

(b)deliver or cause to be delivered to the CRO the ballot papers and other documents relating to the abandoned poll.

(3A)Paragraphs (4) to (9) apply in relation to the poll that has been abandoned.”

(5)This paragraph applies instead of rule 78(10) of the Scottish Parliamentary Election Rules.