The Scottish Parliament (Elections etc.) Order 1999

UK Statutory Instrument 1999 No. 787 — creates 17 criminal offences.

Made

10 March 1999

In force from

Not determined

Extent

Not stated

Subject

Elections and representation of the people

Made under

Scotland Act 1998

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision as to the conduct of elections and return of members to the Scottish Parliament (“the Parliament”) which was established by the Scotland Act 1998. Part I of the Order contains general provisions concerning the commencement, citation and interpretation of the Order. Part II of the Order makes provision about the franchise for the Parliament and its exercise. Part III of the Order makes provision concerning election campaigns at Scottish parliamentary elections. Part IV of the Order (with Schedule 6) makes provision in connection with legal proceedings. Part V of the Order makes miscellaneous and supplemental provision, for example, in relation to the filling of certain vacancies. Schedule 1 makes provision in respect of electors lists and registers. Schedule 2 contains the Scottish Parliamentary Election Rules. Schedule 3 makes provision concerning absent voting. Schedule 4 makes provision about the issue and receipt of postal ballot papers. Schedule 5 makes provision concerning the combination of polls. Schedule 6 applies certain provisions of the Representation of the People Act 1983 with modifications, concerning with legal proceedings. Schedule 7 makes provision in connection with the use of rooms in school premises and meeting rooms for election meetings. Schedule 8 makes modifications of certain enactments which are consequential on the provision of the Order. The Appendix sets out certain forms for use at Scottish parliamentary elections.

Offences created by this instrument

• A person shall be guilty of an offence if– a he votes in person or by post, whether as an elector or as proxy, or… article 26(1) · Status not determined · Requires proof of a state of mind
• A person shall be guilty of an offence if– a he votes as elector– i more than once in any constituency at a poll for… article 26(3) · Status not determined · Requires proof of a state of mind
• A person shall be guilty of an offence if– a he votes as proxy for the same elector either– i more than once in the… article 26(4) · Status not determined · Requires proof of a state of mind
• A person shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as… article 26(5) · Status not determined · Strict liability
• A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which… article 26(6) · Status not determined · Requires proof of a state of mind
• For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or… article 26(7) · Status not determined · Strict liability
• Breach of official duty article 27(1) · Status not determined · Strict liability
• Tampering with nomination papers, ballot papers etc article 28(1) · Status not determined · Requires proof of a state of mind
• Tampering with nomination papers, ballot papers etc article 28(2) · Status not determined · Requires proof of a state of mind
• Requirement of secrecy article 29(6) · Status not determined · Strict liability
• Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to… article 39(6) · Status not determined · Strict liability
• Prohibition of expenses not authorised by election agent etc.: registered parties article 40(7) · Status not determined · Strict liability
• Disturbances at Scottish parliamentary election meetings article 63(3) · Status not determined · Strict liability
• Officials not to act for candidates article 64(1) · Status not determined · Strict liability
• Illegal canvassing by police officers article 65(2) · Status not determined · Strict liability
• Printer’s name and address on election publications article 75(3) · Status not determined · Strict liability
• Interference with notices etc article 94 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Scottish Parliament (Elections Etc) Order 1999 Lords · Lords Chamber · 3 March 1999
• Scottish Parliament (Elections Etc) (Amendment) (No 2) Order 2001 Lords · Lords Chamber · 30 April 2001 · Baroness Ramsay of Cartvale

  My Lords, that is my understanding; if I am wrong, I shall write to the noble Baroness and put a copy of that letter in the Library. The Explanatory Notes state that the Scottish Parliament (Elections etc.) Order 1999 was amended by the Scottish Parliament. My advice is that that amendment dealt with a completely different matter and was not concerned with the election timetable. My understanding, from my advice, is that what the noble Baroness said is correct.

• Scottish Parliament (Elections Etc) (Amendment) (No 2) Order 2001 Lords · Lords Chamber · 30 April 2001

  The noble Baroness said: My Lords, this order amends the Scottish Parliament (Elections etc.) Order 1999, which makes provision for the conduct of elections and the return of Members to the Scottish Parliament. The Electoral Commission has been consulted, as required by the Political Parties, Elections and Referendums Act 2000.

• Representation Of The People (Northern Ireland) (Amendment) Regulations 2001 Lords · Lords Chamber · 30 April 2001

  For the sake of completeness, I should make clear that in the case of elections to the Scottish Parliament which, as I have indicated are the subject of the fourth Motion, the relevant instrument is the Scottish Parliament (Elections etc.) Order 1999. However, the changes made by article 3 of this order are the same as those being made in respect of Westminster parliamentary elections by the other regulations.

• Scottish Parliament (Elections Etc) Order 2002 Lords · Lords Chamber · 31 October 2002 · Lord McIntosh of Haringey

  rose to move, That the draft order laid before the House on 16th October he approved [39th Report from the Joint Committee]. The noble Lord said: My Lords, the order is made under powers in Sections 12(1) and 113 of the Scotland Act 1998 and deals with the conduct of elections to the Scottish Parliament and the return of MSPs. Section 12(1) of the Scotland Act 1998 gives power to make provision about elections to the Scottish Parliament to the Secretary of State. Schedule 7 to that Act provides that an order made under Section 12(1) is subject to type C procedure in that a draft of the…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1999