Guidance for Returning Officers administering a Scottish Parliament election

An election agent is the person responsible for the proper management of the candidate’s or parties’ election campaigns and, in particular for its financial management.

Constituency and individual regional candidates

Each constituency and individual regional candidate must have an election agent.1

The notice of the appointment of an election agent, including the office address, must be made in writing and be delivered to you, as CRO or RRO as appropriate by the latest time for the delivery of nominations, which is 4pm, 23 working days before the poll.

The declaration should be signed by the candidate (or a person making the declaration on the candidate’s behalf) and it must be signed by the agent to show their acceptance of the appointment.

A request may be included in the declaration that the election agent’s home address is not published on the notice of election agent and a correspondence address is published instead.2

We have produced an election agent notification form as part of the nomination papers for individual candidates.

You can find the nomination papers for individual candidates in the agents section of our resources page.

Constituency candidates and individual regional candidates may name themselves as their election agent.

Only one election agent can be appointed for each constituency or individual regional candidate. In the case of a constituency or individual regional candidate, if you are not notified of the name of an agent by the last time for the delivery of nominations, or if the election agent appointed dies or has their appointment revoked, the candidate automatically becomes their own election agent.

Regional party list

Each party submitting a party list must have an election agent.3 The candidate whose name appears highest on the party list must make the declaration of appointment and should sign the declaration. The declaration must be signed by the agent to show their acceptance of the appointment.

A request may be included in the declaration that the election agent’s home address is not published on the notice of election agent and a correspondence address is published instead.4

The notice of the appointment of election agent, including the office address, must be delivered to the RRO, by the latest time for the delivery of nominations, which is 4pm, 23 working days before the poll.

We have produced a form for the notification of the appointment of an election agent. These are included as part of the set of nomination papers we have produced for the regional contest.

You can find the nomination papers for the regional contest in the agents section of our resources page.

A candidate on a party’s list can be appointed as the election agent for that party list.

Only one election agent can be appointed for a party list. In the case of a party submitting a regional list if you are not notified of the name of the agent by the last time for the delivery of nominations, or if the election agent appointed dies or has their appointment revoked, the candidate whose name appears highest on the list of candidates is deemed to be the election agent for that party list.

Election agent’s office address

Election agents must have an office to which all claims, notices, legal process and other documents may be sent.5 The office address must be a physical address – PO boxes or similar mailboxes cannot be used.

There are no restrictions on where the office should be located.

An election agent’s office address could be the local party office, an office especially set up for the election or their home address.

If the agent is using their home address as their office address, and has made a request for a correspondence address to be published on any public notice instead of their home address, only the correspondence address should be published.

In the case of a constituency or individual regional candidate where the CRO/RRO has not been notified of an election agent’s appointment and as a result the candidate is deemed to be the election agent the office address is deemed to be the address given on their nomination paper.

In the case of a party list where the RRO has not been notified of an election agent’s appointment and as a result the candidate whose name appears highest on a party list is deemed to be the election agent, the office address is deemed to be the address given on their nomination paper.