Statutory Instrument 2002 No. 2779 (S. 11)

The Scottish Parliament (Elections etc.) Order 2002

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2002 No. 2779 (S. 11)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 2002

	Made	6th November 2002
	Coming into force in accordance with article 1

ARRANGEMENT OF ARTICLES, SCHEDULES AND APPENDIX OF FORMS

PART I
GENERAL

1.	Citation and commencement.

2.	Revocations.

3.	Interpretation.

PART II
THE FRANCHISE AND ITS EXERCISE

4.	Registers of electors etc.

5.	Registration appeals.

6.	Polling districts and places at elections.

7.	Rules for Scottish parliamentary elections.

8.	Manner of voting at Scottish parliamentary elections.

9.	Absent vote at Scottish parliamentary elections for an indefinite or a particular period.

10.	Absent vote at a particular Scottish parliamentary election and absent voters' list.

11.	Proxies at Scottish parliamentary elections.

12.	Voting as proxy.

13.	Absent voting at elections: miscellaneous.

14.	Combination of polls.

15.	Constituency returning officers.

16.	Officers of councils to be placed at disposal of returning officers.

17.	Returning officers: discharge of functions.

18.	Returning officers: general.

19.	Payments by and to returning officers.

20.	Taxation of returning officer's accounts.

21.	Loan of equipment for Scottish parliamentary elections.

22.	Effect of registers.

23.	Effect of misdescription.

24.	Discharge of registration duties.

25.	Payment of expenses of registration.

26.	Personation.

27.	Other voting offences.

28.	Breach of official duty.

29.	Tampering with nomination papers, ballot papers etc.

30.	Requirement of secrecy.

PART III
THE ELECTION CAMPAIGN

31.	Appointment of election agent.

32.	Nomination of sub-agent.

33.	Office of election agent.

34.	Effect of default in election agent's appointment.

35.	Expenses of constituency candidate.

36.	Payment of expenses through election agent: constituency and individual candidates.

37.	Expenses which may be paid otherwise than by election agent.

38.	Expenses incurred otherwise than for election purposes.

39.	Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members.

40.	Limitation of election expenses: candidates.

41.	Time for sending in and paying claims.

42.	Disputed claims.

43.	Election agent's claim.

44.	Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

45.	Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.

46.	Declarations as to election expenses: candidates on a registered party's regional list.

47.	Where no return and declaration is needed.

48.	Penalty for failure as respects return of declarations.

49.	Penalty for sitting or voting where no return and declaration is transmitted.

50.	Authorised excuses for failure as to return and declarations.

51.	Court's power to require information from election agent or sub-agent.

52.	Duty of appropriate returning officer to forward returns and declarations to Electoral Commission.

53.	Publication of time and place of inspection of returns and declarations.

54.	Inspection of returns and declarations: candidates.

55.	Meaning of election expenses.

56.	Incurring of election expenses for purposes of article 55.

57.	Property, goods, services etc provided free of charge or at a discount.

58.	Right to send election address post free.

59.	Remuneration for free postal services provided.

60.	Broadcasting from outside United Kingdom.

61.	Broadcasting of local items during election period.

62.	Intimation poll cards and notifications.

63.	Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members.

64.	Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members.

65.	Disturbances at Scottish parliamentary election meetings.

66.	Officials not to act for candidates.

67.	Ilegal canvassing by police officers.

68.	False statements as to candidates.

69.	Corrupt withdrawal from candidature.

70.	Payments for exhibition of election notices.

71.	Printer's name and address on election publications.

72.	Prohibition of paid canvassers.

73.	Providing money for illegal purposes.

74.

Bribery.

75.

Treating.

76.	Undue influence.

77.	Rights of creditors.

78.	Savings as to Scottish parliamentary elections.

79.	Interpretation of Part III.

80.	Computation of time for purposes of Part III.

PART IV
LEGAL PROCEEDINGS

81.	Application of certain provisions for Scottish parliamentary elections.

PART V
MISCELLANEOUS AND SUPPLEMENTAL

82.	Vacancies: constituency seats.

83.	Vacancies: regional member seats.

84.	Modification of section 10 of the 1998 Act.

85.	Dissolution of Parliament: minimum period.

86.	Advertisements.

87.	Forms: variations.

88.	Sending of applications, notices etc.

89.	Interference with notices etc.

90.	Premises used for election purposes.

91.	Effect of demise of the Crown.

92.	Consequential amendment.

SCHEDULES

Schedule 1.

Electors registers: miscellaneous and related provisions.

Schedule 2.

Scottish Parliamentary Election Rules.

Schedule 3.

Absent voting.

Schedule 4.

Issue and receipt of postal ballot papers.

Schedule 5.

Combination of Polls.

Schedule 6.

Legal Proceedings.

Schedule 7.

Use for election meetings of rooms in school premises and of meeting rooms.

APPENDIX OF FORMS

FORMS A TO Y

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

    Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 12(1) and 113 of the Scotland Act 1998[1], and of all other powers enabling her in that behalf, and after consulting the Electoral Commission[2] hereby makes the following Order:

PART I
GENERAL
Citation and commencement
    1.This Order may be cited as the Scottish Parliament (Elections etc.) Order 2002 and shall come into force 14 days after the day on which it is made, except for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that date.

Revocations
    2. - (1) Subject to paragraph (2) below, the following Orders are hereby revoked:-

as from the coming into force of this Order.

(2) Notwithstanding the revocation of the Scottish Parliament (Elections etc.) Order 1999, the modification of enactments contained in Schedule 8 to that Order shall continue to have effect.

Interpretation
3. - (1) In this Order, except where the context otherwise requires-

"the 1983 Act" means the Representation of the People Act 1983[7];

"the 1985 Act" means the Representation of the People Act 1985[8];

"the 1986 Regulations" means the Representation of the People (Scotland) Regulations 1986[9];

"the 1998 Act" means the Scotland Act 1998;

"the 2000 Act" means the Representation of the People Act 2000[10];

"the 2000 Political Parties Act" means the Political Parties, Elections and Referendums Act 2000[11];

"the 2001 Regulations" means the Representation of the People (Scotland) Regulations 2001[12];

"appropriate returning officer" means-

a reference to a ballot paper shall, in relation to a general election for membership of the Scottish Parliament be construed as a reference to both the constituency ballot paper and the regional ballot paper;

a reference to a numbered article shall be construed as a reference to the article bearing that number in this Order;

"Citizen of the Union" shall be construed in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and "relevant citizen of the Union" means such a citizen who is not a commonwealth citizen or a citizen of the Republic of Ireland;

"constituency returning officer" means the officer who, in accordance with article 15, is the constituency returning officer for a Scottish parliamentary election in a constituency;

"European Parliamentary Election" has the same meaning as in section 27(1) of the 1985 Act;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[13];

"nominating officer" means the person registered under Part II of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;

"ordinary local government election" means an ordinary election of councillors for local government areas in Scotland;

"regional returning officer" means a regional returning officer for the purposes of the 1998 Act;

"register of electors" means the register of local government electors;

"registered emblem" means an emblem registered by a political party under Part II of the 2000 Political Parties Act;

"registered party" means a party registered under Part II of the 2000 Political Parties Act;

"registration officer" means an electoral registration officer within the meaning of the 1983 Act;

"service voter" means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it; and

"Scottish parliamentary election" means an election for membership of the Scottish Parliament and "Scottish parliamentary general election" shall be construed accordingly.

(2) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.

PART II
THE FRANCHISE AND ITS EXERCISE
Registers of electors etc
    4. - (1) Subject to section 13B of the 1983 Act[14] (alteration of registers, pending elections), an alteration made in a register of electors under section 13A or 56 of the 1983 Act[15] (alteration of registers and registration appeals) after the last day on which the nomination papers at an election may be delivered to the constituency returning officer shall not have effect for the purposes of that election.

    (2) Schedule 1 to this Order (which makes provision in connection with electors registers) has effect.

Registration appeals
    5. - (1) An appeal lies to the sheriff from any decision under this Order of the registration officer disallowing a person's application to vote-

in any case where the application is not made for a particular Scottish parliamentary election only.

    (2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act.

    (3) An appeal made by virtue of this article or section 56 of the 1983 Act which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

    (4) Notice shall be sent to the registration officer by recorded delivery post of the decision of the sheriff or of the Court of three judges referred to in paragraph (2) above on any appeal by virtue of this article, and the registration officer shall make such alterations in the-

as may be required to give effect to the decision.

    (5) Subject to section 13B of the 1983 Act, where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register is made on or before the last day for the delivery of nomination papers at an election paragraph (3) above does not apply to that appeal as respects that election.

    (6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

Polling districts and places at elections
    6. - (1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

    (2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places under section 18(3) of the 1983 Act[16] that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

    (3) An election shall not be questioned by reason of-

Rules for Scottish parliamentary elections
    7. - (1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order.

    (2) It is the general duty of every returning officer at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

    (3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a returning officer or any other person in breach of his official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that-

    (4) Schedule 2 to this Order (Scottish Parliamentary Election Rules) has effect.

Manner of voting at Scottish parliamentary elections
    8. - (1) This article applies to determine the manner of voting of a person entitled to vote as an elector at a Scottish parliamentary election.

    (2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the election.

    (3) He may vote by post if he is entitled as an elector to vote by post at the election.

    (4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under this Order for a ballot paper for the purposes of voting in person, in which case he may vote in person there.

    (5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment, either as a constable or by a returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the constituency.

    (6) Nothing in the preceding provisions of this paragraph applies to-

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

(7) For the purposes of the provisions of this Order a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voter list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Scottish parliamentary elections for an indefinite or a particular period
9. - (1) Where a person applies to the registration officer to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application) the registration officer shall grant the application (subject to paragraph (6) below) if-

(2) Where a person applies to the registration officer to vote by proxy at Scottish Parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application, (subject to paragraph (6) below) if-

(3) For the purposes of this article, a person is eligible to vote by proxy at Scottish parliamentary elections-

by reason of blindness or other physical incapacity;

(c) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse or by reason of his attendance on a course provided by an educational institution or that of his spouse; or

(d) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.

(4) The registration officer shall keep a record of those whose applications under this article have been granted showing-

(5) The registration officer shall remove a person from the record kept under paragraph (4) above-

(c) in the case of any person shown in the record as voting by proxy, if the registration officer gives notice that he has reason to believe there has been a material change of circumstances; or

(d) in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.

(6) A person shown in the record kept under paragraph (4) above as voting by post or, as the case may be, voting by proxy (in either case, whether for an indefinite period or for a particular period specified in his application) may subsequently alter his choice on an application to the registration officer that meets the requirements set out in Schedule 3 and the registration officer shall amend the record accordingly.

Absent vote at a particular Scottish parliamentary election and absent voters' list
10. - (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Scottish parliamentary election, the registration officer shall grant the application (subject to paragraph (4) below) if-

(2) Paragraph (1) above does not apply to a person who is included in the record kept under article 9 above but such a person may, in respect of a particular Scottish parliamentary election, apply to the registration officer-

if he is shown in the record so kept as voting by post.

(3) The registration officer shall grant an application under paragraph (2) above if it meets the requirements set out in Schedule 3.

(4) Subject to paragraph (2) above, the registration officer shall, in respect of each Scottish parliamentary election, keep a special list ("the absent voters list") consisting of-

(b) a list ("the list of proxies") of those who are for the time being shown in the record kept under article 9 as voting by proxy or whose applications under this article to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.

Proxies at Scottish parliamentary elections
    11. - (1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as "the elector") at any Scottish parliamentary election and may vote in pursuance of the appointment.

    (2) The elector cannot have more than one person at a time appointed as proxy to vote for him at a Scottish parliamentary election.

    (3) A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election-

    (4) A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll he has attained the age of eighteen.

    (5) A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Scottish parliamentary election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

and that the proxy is capable of being and willing to be appointed.

    (8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

    (9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

    (10) Subject to paragraph (9) above, the appointment shall remain in force-

Voting as proxy
    12. - (1) A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

    (2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

    (3) For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if he is included in the list kept under paragraph (7) below in respect of the election.

    (4) Where a person applies to the registration officer to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if-

and the application meets the requirements set out in Schedule 3.

(5) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted showing-

(6) Where, in the case of a particular election, a person included in the record kept under paragraph (5) above applies to the registration officer for his ballot papers to be sent to a different address, the registration officer shall grant the application if it meets the requirements set out in Schedule 3.

(7) The registration officer shall, in respect of each Scottish parliamentary election, keep a special list of-

and shall forthwith supply to the constituency returning officer a copy of that list on completion of the compilation of it.

(8) The registration officer shall remove a person from the record kept under paragraph (5) above-

Absent voting at elections: miscellaneous
13. - (1) Section 59 of the 1983 Act[19] (supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

    (2) Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.

    (3) Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls
    14. - (1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.

    (2) Where the polls at a Scottish parliamentary election and another election for related areas are to be taken on the same date but are not required by paragraph (1) above to be taken together, they may nevertheless may be so taken if the returning officer for each election thinks fit.

    (3) In paragraph (2) above the reference to another election means a local government election; and for the purposes of that paragraph two areas are related if one is coterminous with or situated wholly or partly within the other.

    (4) Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Secretary of State may determine.

    (5) Schedule 5 (which makes provision about the combination of polls) has effect.

Constituency returning officers
    15. - (1) The constituency returning officer for a Scottish parliamentary election in a constituency other than the Orkney Islands and the Shetland Islands shall be the person who under section 25 of the 1983 Act (returning officers: Scotland) is the returning officer for parliamentary elections in that parliamentary constituency.

    (2) The constituency returning officer for a Scottish parliamentary election in the Orkney Islands shall be the person who, under section 41 of the 1983 Act (local government elections in Scotland) is, or may discharge the functions of, the returning officer at elections of councillors for the Orkney Islands Council.

    (3) The constituency returning officer for a Scottish parliamentary election in the Shetland Islands shall be the person who, under that section 41, is, or may discharge the functions of, the returning officer at elections of councillors for the Shetland Islands Council.

Officers of councils to be placed at disposal of returning officers
    16. - (1) Every local authority in Scotland shall place at the disposal of the constituency returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the constituency returning officer in the discharge of any functions conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

    (2) Every local authority in Scotland shall place at the disposal of the regional returning officer for a region wholly or partly situated in their area, for the purpose of assisting the regional returning officer in the discharge of any function conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

Returning officers: discharge of functions
    17. - (1) A returning officer at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of his functions.

    (2) Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each regional returning officer and each constituency returning officer for a Scottish parliamentary constituency within that region to co operate with each other in the discharge of their functions.

    (3) The duty imposed by paragraph (2) above applies as between constituency returning officers in any region as well as between such officers and the regional returning officer for that region.

Returning officers: general
    18. - (1) A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

    (2) A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a constituency returning officer or a regional returning officer at that election.

Payments by and to returning officers
    19.Section 29 of the 1983 Act[20] (payments by and to returning officers) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

as if in subsection (8), for "Regulations may" there were substituted "the Secretary of State may by regulations";

and as if after subsection (8) there were inserted-

Taxation of returning officer's accounts
    20. - (1) An application for the accounts of a constituency returning officer or a regional returning officer to be taxed shall be made to the Auditor of the Court of Session.

    (2) On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as he thinks fit, and finally to determine the amount payable to the constituency returning officer or, as the case may be, regional returning officer.

    (3) On any such application the returning officer may apply to the Auditor to examine any claim made by any person against him in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.

Loan of equipment for Scottish parliamentary elections
    21. - (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament, may, on request, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as the Secretary of State may determine.

    (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers
    22. - (1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

    (2) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (3) below; but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

    (3) The grounds referred to in paragraph (2) above are-

(c) that he is, or, on the relevant date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.

(4) In paragraph (3) above, the "relevant date" means-

Effect of misdescription
23.No misnomer or inaccurate description of any person or place named-

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties
    24. - (1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State, in accordance with, and on the recommendation of, the Electoral Commission under section 8(1) of the 2000 Political Parties Act, with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

    (2) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the local authority which appointed the registration officer, and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

    (3) It shall be the duty of each local authority to assign such officers to assist the registration officer appointed by that authority as may be required for carrying out his functions under this Order.

Payment of expenses of registration
    25. - (1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as "registration expenses") shall be paid by the local authority by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the local authority by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve.

Personation
    26. - (1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at a Scottish parliamentary election if he-

(3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
27. - (1) A person shall be guilty of an offence if-

(2) For the purposes of paragraph (1) above, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

(3) A person shall be guilty of an offence if-

(b) he votes as elector in person at a Scottish parliamentary election at which he is entitled to vote by post;

(c) he votes as elector in person at a Scottish parliamentary election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) he applies for a person to be appointed as his proxy to vote for him at Scottish parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(4) A person shall be guilty of an offence if-

(b) he votes in person as proxy for an elector at a Scottish parliamentary election at which he is entitled to vote by post as proxy for that elector; or

(c) he votes in person as proxy for an elector at a Scottish parliamentary election knowing that the elector has already voted in person at the election.

    (5) A person shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

    (7) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (8) An offence under this article shall be an illegal practice, but-

    (9) Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right he shall, for the purposes of this article, be treated as voting once in relation to each poll for which his votes are given.

Breach of official duty
    28. - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are-

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc
29. - (1) A person shall be guilty of an offence, if, at a Scottish parliamentary election, he-

(2) A person shall be guilty of an offence if-

(3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he shall be liable-

    (4) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (5) In this article "nomination paper" includes a regional list of a registered party.

Requirement of secrecy
    30. - (1) The following persons attending at a polling station, namely-

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to-

(2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not-

(3) No person shall-

(4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not-

    (5) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered political party for which, that voter intends to vote or has voted, or as to the number on the back of a ballot paper given for the use of that voter.

    (6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding three months.

    (7) In this article a voter with disabilities is a voter who has made a declaration under the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order that he is so incapacitated by his blindness or other incapacity or by his inability to read, as to be unable to vote without assistance.

PART III
THE ELECTION CAMPAIGN
Appointment of election agent
31. - (1) Not later than the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, a person shall be named by, or on behalf of-

as the election agent for that candidate or, as the case may be, registered party in relation to that list and that person's name and address shall be declared in writing by or on behalf of such a candidate or, in the case of a registered party, by the candidate who is highest in that party's regional list, to the appropriate returning officer.

    (2) A candidate for return as a constituency member and any individual candidate for return as a regional member may name himself as election agent.

    (3) A candidate included on a registered party's regional list may be named as election agent for that party in relation to that regional list.

    (4) Where a candidate has been named or has named himself as an election agent he shall, so far as circumstances admit, be subject to the provisions of this Order both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

    (5) One election agent only shall be appointed for-

but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.

(6) If, whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.

(7) The declaration as an election agent of-

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

    (8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address.

Nomination of sub agent
    32. - (1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

    (2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

    (3) In this Order, any deputy election agent appointed under paragraph (1) or (2) above is referred to as a sub agent.

    (4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub agent the election agent may act by the sub agent and-

(5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub agent so declared.

(6) The appointment of a sub agent-

and in the event of the revocation of the appointment or of the death of a sub agent another sub agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

(7) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (5) or (6) above shall specify the part of the constituency or, as the case may be, region within which any sub agent is appointed to act.

Office of election agent
33. - (1) Every election agent and every sub agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be-

(2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub agent and addressed to him, shall be deemed to have been served on him and every election agent or sub agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
34. - (1) If no person's name and address is given as required by article 31 above as the election agent of-

at the latest time for delivery of notices of withdrawal of candidature-

(2) This paragraph applies if-

(3) Where paragraph (2) above applies-

(4) If the appointment of an election agent is revoked without a new appointment being made-

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate for return as a constituency member is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated as candidates for return as a constituency member.

    (7) Where an individual candidate for return as a regional member or a candidate on a registered party's regional list is by virtue of this article to be treated as an election agent he shall be deemed to have his office at the address given in the statement of persons and parties standing nominated.

    (8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under article 31 above.

Expenses of constituency candidate
    35.For the purpose of this Part of this Order, sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the constituency returning officer has received a certificate issued by a nominating officer of a registered party under rule 8 of the Scottish Parliamentary Election Rules are not to be regarded as having been made or incurred by that party.

Payment of expenses through election agent: constituency and individual candidates
    36. - (1) Subject to paragraph (5) below, no payment (of whatever nature) shall be made by-

in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member unless it is made by or through the candidate's election agent.

    (2) Every payment made by an election agent in respect of any election expenses shall, except where less than �20, be vouched for by a bill stating the particulars or by a receipt.

    (3) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub agent.

    (4) This article does not apply to-

    (5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (6) A person who makes any payment (of whatever nature) in contravention of paragraph (1) above shall be guilty of an illegal practice.

Expenses which may be paid otherwise than by election agent
    37. - (1) A candidate (including a candidate on a registered party's regional list) may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed-

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) A candidate at an election may also pay any election expenses (other than expenses falling within paragraph (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

    (3) A candidate shall send to the election agent within the time permitted by this Order for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) or (2) above by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member he shall send the statement to the election agent acting on his behalf in relation to his candidacy for return as a constituency member.

    (4) Any person may, if so authorised in writing by an election agent, pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

    (6) Articles 41 and 42 below do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate's election agent.

Expenses incurred otherwise than for election purposes
    38. - (1) Neither article 37 above nor articles 41 and 42 below shall apply to election expenses-

    (2) The candidate's election agent shall make a declaration of the amount (determined in accordance with articles 55 and 56 below) of any election expenses falling within paragraph (1) above.

    (3) In this article "for the purposes of the candidate's election" has the same meaning as in articles 55 to 57 below.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
    39. - (1) No expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election, shall be incurred at such an election by any person other than the candidate or his election agent and persons authorised in writing by the election agent on account-

but sub paragraph (c) of this paragraph shall not-

(2) For the purposes of paragraph (1)(ii) above, expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1)(ii)) fall within paragraph (1) above.

(3) Where a person incurs any expense required by this article to be authorised by the election agent-

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

(4) The return and declaration under the foregoing provisions of this article shall be respectively in the forms A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

(5) If a person-

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but-

(6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves-

Limitation of election expenses: candidates
40. - (1) The election expenses incurred by or on behalf of-

at an election must not in the aggregate exceed the maximum amount specified in this article.

(2) The maximum amount is (in a case other than that to which paragraph (3) below applies)-

(3) The maximum amount at an election to fill a vacancy, for a candidate-

(4) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (2) or, as the case may be, paragraph (3) above, any candidate or election agent who-

shall be guilty of an illegal practice.

    (5) In paragraph (2) above "the register of electors" means the register of local government electors, for the area in question as it has effect on the last day for publication of notice of the election.

    (6) The maximum amount specified in paragraph (2) or (3) above for a candidate is not required to cover personal expenses of that candidate.

    (7) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (8) The maximum amount specified in paragraph (2) or (3) above for a candidate shall not be affected by the change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

Time for sending in and paying claims
    41. - (1) Every claim against-

in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.

    (2) All election expenses shall be paid not later than 28 days after that date.

    (3) Subject to paragraph (4) or (5) below, a person who pays a claim in contravention of paragraph (1) above or makes a payment in contravention of paragraph (2) above shall be guilty of an illegal practice.

    (4) Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate-

(5) The following person or persons, namely-

may apply to the Court of Session or to the sheriff for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in to a candidate and not the election agent and the court on cause shown to their satisfaction may by order grant leave.

    (6) Any sum specified in the order of leave may be paid in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by such candidate or his election agent and the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (2) above.

    (7) The jurisdiction vested by paragraph (5) above in the sheriff may be exercised otherwise than in open court.

    (8) An appeal lies to the Court of Session from any order of the sheriff made by virtue of paragraph (5) above.

Disputed claims
    42. - (1) If an election agent disputes any claim sent to him within the period of 21 days mentioned in article 41 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

    (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a candidate or his election agent in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 36(1), 37(1) or (2) or 41(2) above.

    (3) If the defender in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the pursuer's application otherwise directs, be forthwith referred for taxation to the auditor of the Court of Session or, as the case may be, the sheriff court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

    (4) Article 41(6) to (8) above applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent's claim
    43.So far as circumstances admit, this Order applies to an election agent's claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
    44. - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared the election agent of every-

at the election shall deliver to the appropriate returning officer a true return in the form set out in the Appendix to this Order, containing as respects that candidate-

(2) A return under this article must-

(3) The return shall also contain as respects that candidate-

together with all bills or receipts relating to any such payments made in accordance with article 37(2) or (4) above;

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the Court of Session or the sheriff;

(d) any declarations of value falling to be made by the candidate's election agent by virtue of article 38(2) above or 57(2) below;

(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of article 55(5)(b) below;

(f) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to the 2000 Political Parties Act; and

(g) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.

    (4) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 41(5) above for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with the requirements of this article without such authorised excuse as is mentioned in article 50 below.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
    45. - (1) Each return delivered under article 44 above shall be accompanied by a declaration made by the election agent in the form D set out in the Appendix.

    (2) At the same time as the election agent delivers that return, or within seven days thereafter-

shall deliver to the appropriate returning officer a declaration made by him in the form D set out in the Appendix.

(3) Where a candidate is out of the United Kingdom when the return is so delivered-

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(4) Where-

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form D set out in the Appendix.

    (5) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Declarations as to election expenses: candidates on a registered party's regional list
    46. - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared, each candidate on a registered party's regional list shall deliver to the appropriate returning officer a declaration in the form E set out in the Appendix.

    (2) Where a candidate is out of the United Kingdom when the declaration is due to be so delivered-

(3) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declaration is needed
47.Notwithstanding anything in article 44 above, no return or declaration as to election expenses shall be required in the case of a person-

Penalty for failure as respects return of declarations
48.Subject to the provisions of article 50 below, if any candidate, nominating officer or election agent fails to comply with the requirements of articles 44, 45 and 46 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declaration is transmitted
49. - (1) If-

are not delivered before the expiry of the time limited for the purpose the candidate shall not, after the expiry of the time, sit or vote in the Parliament as a member for the constituency or, as the case may be, region until-

and if he sits or votes in contravention of this article he shall forfeit �100 for every day on which he so sits or votes.

Authorised excuses for failure as to return and declarations
50. - (1) A candidate, a party's nominating officer or an election agent may apply for relief under this article to-

(2) Where an application is made under this article the person or persons making the application shall notify the Lord Advocate of the application and the Lord Advocate may attend or be represented at the hearing of the application and make representations at the hearing in respect of it.

(3) Relief under this article may be granted-

(4) The application for relief may be made on the ground that the failure, error or false statement arose-

(d) where the applicant is an election agent, by reason of the absence, death, illness or misconduct of any sub agent, clerk or officer of any election agent;

(e) where the applicant is a registered party's nominating officer, by reason of the death, absence, misconduct or illness-

(f) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant's part.

(5) The court may-

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

(6) Where it is proved to the court by a candidate-

the court shall relieve the candidate from the consequences of the act or omission of the election agent or, as the case may be, nominating officer.

    (7) An order under paragraph (5) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of this Order.

    (8) An order under paragraph (5) above shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

    (9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

    (10) The jurisdiction vested by this article in the sheriff may be exercised other than in open court.

    (11) An appeal lies to the Court of Session from any order of the sheriff made by virtue of this article.

Court's power to require information from election agent or sub agent
    51. - (1) Where on an application under article 50 above it appears to the court that any person who is or has been an election agent or sub agent or nominating officer has refused or failed to make such return, or to supply such particulars, as will enable a person to comply with the provisions of this Order as to the return or declaration as to election expenses the court before making an order under that article, shall order that person to attend before the court.

    (2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him-

as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.

    (3) If a person fails to comply with any order of the court under this article, the court may order him to pay a fine not exceeding the amount specified as level 5 on the standard scale.

Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
    52.Where the appropriate returning officer receives any return or declaration under article 44, 45 or 46 above in respect of an election to the Scottish Parliament, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.

Publication of time and place of inspection of returns and declarations
    53. - (1) At a Scottish parliamentary election, the appropriate returning officer, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, shall-

(b) send-

a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected.

(2) But if any return or declaration has not been received by the appropriate returning officer before the notice is dispatched for publication, the notice shall so state and the like notice about that return and declaration, if afterwards received, shall within 10 days after the receipt be published in like manner and sent to each of the election agents and each nominating officer for a registered party submitting a regional list other than-

Inspection of returns and declarations: candidates
54. - (1) Where the appropriate officer receives any return or declaration under article 44, 45 or 46 above he shall-

    (2) If any such return contains a statement of donations in accordance with article 44(3)(f) above, the appropriate officer shall secure that the copy of the statement made available for public inspection under paragraph (1)(a) above or (as the case may be) supplied under paragraph (1)(b) above does not include, in the case of any donation by an individual, the donor's address.

    (3) The fee payable for a copy of any such return, declaration or any accompanying document, shall be at the rate of 20p for each side of each page.

    (4) After the expiry of the period of two years mentioned at paragraph (1) above the appropriate returning officer-

(5) Any returns or declarations delivered under article 39 above shall be returned not to a candidate (if he or his election agents require) but to the person delivering t