Referendums (Scotland) Act 2020
Referendums (Scotland) Act 2020 (2020 asp 2)
- Referendums (Scotland) Act 2020 (2020 asp 2)
- Referendums
- 1 Referendums to which this Act applies
- 2 Referendum questions
- Power to change date of referendum if UK election on same date
- 3 Power to change date of referendum if UK election on same date
- Franchise
- 4 Those who are entitled to vote
- 5 Those who are subject to a legal incapacity to vote
- Voting etc.
- 6 Provision about voting etc.
- Conduct
- 7 Chief Counting Officer
- 8 Other counting officers
- 9 Functions of the Chief Counting Officer and other counting officers
- 10 Correction of procedural errors
- 11 Expenses of counting officers
- 12 Conduct rules
- Campaign
- 13 Campaign rules
- 14 Monitoring and securing compliance with the campaign rules
- 15 Inspection of Electoral Commission's registers etc.
- 16 Campaign rules: general offences
- 17 Campaign offences: summary proceedings
- 18 Duty of court to report convictions to the Electoral Commission
- Referendum agents
- 19 Referendum agents
- Observers
- 20 Attendance of Electoral Commission at proceedings and observation of working practices
- 21 Accredited observers: individuals
- 22 Accredited observers: organisations
- 23 Attendance and conduct of accredited observers
- 24 Code of practice on attendance of observers
- Information, guidance, advice and encouragement
- 25 Information for voters
- 26 Guidance
- 27 Advice
- 28 Encouraging participation
- Report on referendum
- 29 Report on the conduct of the referendum
- Electoral Commission: administrative provision
- 30 Reimbursement of Commission's costs
- 31 Estimates of expenditure
- 32 Maladministration
- Registration
- 33 Information about persons aged under 16
- 34 Registration officers' expenses
- Offences
- 35 Offences
- 36 Individual culpability for offending by an organisation
- Power to modify this Act
- 37 Power to modify this Act
- 38 Power to vary specified sums
- Legal proceedings
- 39 Restriction on legal challenge to referendum result
- Final provisions
- 40 Interpretation
- 41 Commencement
- 42 Short title
- SCHEDULE 1 Further provision about voting in the referendum
- PART 1 Manner of voting
- Manner of voting
- Existing absent voters
- Applications for absent vote
- Absent voters lists
- Proxies
- Voting as proxy
- Requirements as to applications
- Additional requirements as to certain applications to vote by proxy
- Grant or refusal of applications
- Forms
- Personal identifiers record
- Marked lists for polling stations
- Appeals
- PART 2 Registration
- Effect of register
- Effect of misdescription
- Carrying out of registration functions
- Alterations in the register of local government electors
- The cut-off date
- PART 3 Postal voting: issue and receipt of ballot papers
- Persons entitled to be present at issue and receipt of postal ballot papers
- Notification of requirement of secrecy
- Time when postal ballot papers are to be issued
- Issue of postal ballot papers
- Refusal to issue postal ballot paper
- Envelopes
- Sealing up of completed corresponding number lists and security of special lists
- Payment of postage on postal ballot papers
- Spoilt postal ballot papers
- Lost postal ballot papers
- Superseded postal ballot papers
- Notice of opening of postal ballot paper envelopes
- Boxes and receptacles
- Receipt of covering envelopes and collection of postal votes
- Opening of postal voters box
- Opening of covering envelopes
- Confirmation of receipt of postal voting statement
- Procedure in relation to postal voting statements: personal identifier verification
- Opening of ballot paper envelopes
- Retrieval of cancelled postal ballot papers
- Lists of provisionally rejected postal ballot papers
- Checking of lists kept under paragraph 39
- Sealing of receptacles
- Forwarding of documents
- Power of Chief Counting Officer to prescribe
- Interpretation of Part
- PART 4 Supply of register of local government electors etc.
- Supply of free copy of register of local government electors etc. to counting officers
- Supply of free copy of register of local government electors etc. to Electoral Commission
- Supply of free copy of register of local government electors etc. to permitted participants
- Dates of birth to be omitted from copies of register supplied
- Supply of data
- General restriction on use of registration documents and information contained in them
- Offence in relation to disclosure of registration documents
- Destruction of copies of the register of local government electors etc.
- PART 5 Supply of marked register of local government electors etc.
- Supply of marked register of local government electors etc. to designated organisations
- Fee for supply of marked register of local government electors etc.
- SCHEDULE 2 Conduct rules
- Publication of notice of the referendum
- Hours of polling
- The ballot
- Printing of ballot papers
- The corresponding number list
- Security marking
- Use of schools and public rooms for polling and counting votes
- Postal ballot papers
- Provision of polling stations
- Appointment of presiding officers and clerks
- Issue of poll cards
- Loan of equipment for referendum
- Equipment of polling stations
- Appointment of polling and counting agents
- Admission to polling station
- Notification of requirement of secrecy
- Keeping of order at polling station
- Sealing of ballot boxes
- Questions to be put to voters
- Challenge of voter
- Voting procedure
- Votes marked by presiding officer
- Voting by persons with disabilities
- Tendered ballot papers
- Spoilt ballot papers
- Correction of errors on polling day
- Adjournment of poll in case of riot
- Procedure on close of poll
- Attendance at counting of votes
- The count
- Rejected ballot papers
- Counting the votes
- Decisions on ballot papers
- Re-counts
- Declaration of result
- Sealing up of ballot papers
- Delivery of papers
- Retention and public inspection of papers
- Retention and public inspection of certifications
- Orders for production of documents
- Power of Chief Counting Officer to prescribe
- SCHEDULE 3 Campaign rules
- PART 1 Interpretation
- Interpretation of schedule
- PART 2 Permitted participants and designated organisations
- Permitted participants
- Further provision about declarations under paragraph 2
- Unincorporated associations with offensive or similar names
- Further provision about responsible persons
- Register of declarations under paragraph 2
- Designated organisations
- Applications for designation under paragraph 7
- Designated organisation's right to use rooms for holding public meetings
- Supplementary provisions about use of rooms for public meetings
- PART 3 Referendum expenses
- Referendum expenses
- Expenses qualifying where incurred for referendum purposes
- Notional referendum expenses
- Restriction on incurring referendum expenses
- Restriction on payments in respect of referendum expenses
- Restriction on making claims in respect of referendum expenses
- Disputed claims
- Rights of creditors
- General restriction on referendum expenses
- Special restrictions on referendum expenses by permitted participants
- Referendum expenses incurred as part of common plan
- Returns as to referendum expenses
- Auditor's report on return
- Delivery of returns to Electoral Commission
- Declaration of responsible person as to return under paragraph 22
- Public inspection of returns under paragraph 22
- PART 4 Publications
- Restriction on publication etc. of promotional material by central and local government etc.
- Details to appear on referendum material
- Display of advertisements
- PART 5 Control of donations
- Operation and interpretation of this Part
- Donations: general rules
- Sponsorship
- Payments etc. not to be regarded as donations
- Value of donations
- Prohibition on accepting donations from impermissible donors
- Acceptance or return of donations
- Return of donation where donor unidentifiable
- Forfeiture of donations made by impermissible or unidentifiable donors
- Evasion of restrictions on donations
- Statement of relevant donations
- Donations from permissible donors
- Donations from impermissible or unidentifiable donors
- Donation reports during referendum period
- Declaration of responsible person as to donation reports under paragraph 43
- Public inspection of donation reports under paragraph 43
- PART 6 Control of loans and credit
- Operation of Part
- Regulated transactions
- Valuation of regulated transaction
- Authorised participants
- Regulated transaction involving unauthorised participant
- Guarantees and securities: unauthorised participant
- Transfer to unauthorised participant invalid
- Offences
- Penalties
- Statement of regulated transactions
- Information about authorised participants
- Identity of unauthorised participants
- Details of transactions
- Changes
- Total value of non-recordable transactions
- Transaction reports during referendum period
- Declaration of responsible person as to transaction reports under paragraph 61
- Public inspection of transaction reports under paragraph 61
- Non-disclosure with intent to conceal
- Proceedings under paragraphs 50 and 64
- Interpretation
- SCHEDULE 4 Campaign rules: investigatory powers of the Electoral Commission
- Power to require disclosure of documents etc.
- Inspection warrants
- Powers in relation to suspected offences or contraventions
- Document disclosure orders
- Information disclosure orders
- Retention of documents delivered under paragraph 4
- Power to make copies and records
- Authorisation to be in writing
- Documents in electronic form
- Legal professional privilege
- Admissibility of statements
- Offences
- Guidance by Commission
- Information about use of investigatory powers in Commission's report
- Interpretation
- SCHEDULE 5 Campaign rules: civil sanctions
- PART 1 Fixed monetary penalties
- Imposition of fixed monetary penalties
- Representations and appeals etc.
- Information to be included in notices under paragraph 2
- Late payment
- Fixed monetary penalties: criminal proceedings and conviction
- PART 2 Discretionary requirements
- Imposition of discretionary requirements
- Representations and appeals etc.
- Information to be included in notices under paragraph 7
- Discretionary requirements: criminal conviction
- Compliance and restoration certificates
- Failure to comply with discretionary requirements
- Late payment
- PART 3 Stop notices
- Imposition of stop notices
- Information to be included in stop notices
- Completion certificates
- Appeals etc.
- Failure to comply with stop notice
- PART 4 Enforcement undertakings
- Enforcement undertakings
- Enforcement undertakings: further provision
- Compliance certificate
- Appeals
- PART 5 General and supplemental
- Restrictions on combination of sanctions
- Withdrawal or variation of notice
- Use of statements made compulsorily
- Unincorporated associations
- Guidance as to enforcement
- Recovery of penalties etc.
- Payment of penalties etc. into Scottish Consolidated Fund
- Reports on use of civil sanctions
- Disclosure of information
- Powers of sheriff
- PART 6 Interpretation
- PART 7 Listed campaign offences
- SCHEDULE 6 Offences
- Personation
- Other voting offences
- Imitation poll cards
- Offences relating to applications for postal and proxy votes
- Breach of official duty
- Tampering with ballot papers etc.
- Requirement of secrecy
- Prohibition on publication of exit polls
- Payments to voters for exhibition of referendum notices
- Treating
- Undue influence
- Bribery
- Disturbances at public meetings
- Illegal canvassing by police officers
- Penalties for corrupt practices
- Prosecutions for illegal practices
- Conviction of illegal practice on charge of corrupt practice etc.
- Incapacity to hold public or judicial office in Scotland
- Prohibition of paid canvassers
- Providing money for illegal purposes
- Prosecutions for illegal employment or illegal payment
- SCHEDULE 7 Interpretation
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