Guidance for Returning Officers administering a Scottish Parliament election

After the close of nominations you must publish:1

• in the case of constituency contests, a statement of persons nominated and a notice of poll
• in the case of regional contests, a statement of persons and parties nominated and a notice of poll

The Scottish Parliament Information Centre has requested that CROs and RROs provide them with a copy of, or link to, the statement of persons nominated and the statement of persons and parties nominated at the constituency and regional contests respectively. 

This information should be sent as soon as possible after the period for objections to nominations has passed, to [email protected] 

As you will now know which candidates and parties are standing in your area, it is important to revisit your project pan, risk register, and plans for the management of polling stations and count. You should check whether they are still suitable or if any amendments are needed to ensure that processes run smoothly, safely, and efficiently.

Factors to consider could include the number of candidates and parties standing, the level of experiences that the candidates and political parties represented have of standing for elections and their knowledge of electoral processes, as well as any local risks or issue that could require specific management at polling stations or the count.

Where you have made arrangements to do so, you should also forward the email and telephone contact details of candidates and parties standing in the elections to the Force Elected-Official Adviser (FEOA). You should ensure that candidates are aware of how their information will be used and provide them with the opportunity to opt out if necessary. For more information, see our guidance on working with your local police force. 

Nomination in more than one contest

A candidate may not stand for election in more than one constituency or in more than one region. However, a candidate may stand for election in both a constituency and a region, so long as the constituency is within the region and they either stand on behalf of the same party in both contests or not stand on behalf of a party in both contests. If a candidate is elected at the constituency contest, their name will be disregarded at the allocation of regional seats.

Return of deposit2  

Constituency candidates

You must return the deposit of any candidate who is not shown as standing nominated in the statement of persons nominated.3 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons nominated has been published or after the candidate’s death (as appropriate).4

Individual regional candidates

If you are also the RRO, you must return the deposit of any individual regional candidate who is not shown as standing nominated in the statement of persons and parties nominated.5 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons and parties nominated has been published.6

Party nominations

If you are also the RRO, you must return the deposit of any party who is not shown as standing nominated in the statement of persons and parties nominated.7 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons and parties nominated has been published.8

Uncontested election

Constituency contest

The election is uncontested if either:

• only one valid nomination is received
• or all valid nominations are properly withdrawn by the deadline except one

If the election is uncontested, you must, as soon as practicable, publish the statement of persons nominated. This must include a statement declaring the one validly nominated candidate elected.9

You must (if you are not also the RRO) then notify the RRO who has been elected and what party if any they belong to. You must also complete a certificate in the prescribed form and deliver it to the Clerk of the Scottish Parliament.10

Regional contest

The election is uncontested if either:

• the number of candidates standing for the regional contest (whether on a party list or as individual regional candidates) is the same or less than the
• number of seats for that region
• where all of the candidates shown on the statement of persons and parties nominated are on the regional list of the same party

In these circumstances the RRO should (once they have received the notification regarding the declaration of result for constituency members) allocate the regional seats in accordance with the rules.11