Guidance for Candidates and Agents at Scottish Parliament elections

Because of the responsibilities attached to the role of an election agent you should consider carefully who you are going to appoint and make sure that they understand their obligations.

The election agent is the person responsible for the proper management of your election campaign and, in particular, for its financial management.

Constituency and individual regional candidates

You must have an election agent.1

You can be your own agent if you wish. You, or someone on your behalf, must declare in writing the name and address of your election agent to the relevant Returning Officer by 4pm, 23 working days before the poll.2

The declaration may include a request made by the election agent that their home address is not published on any public notice and a correspondence address is published instead.3

The declaration should be signed by you (or the person making the declaration on your behalf) and it must be signed by the agent to show their acceptance of the appointment.4

An election agent must have an office address.5 The declaration notifying the relevant RO of the appointment of an election agent must include the office address.6 There are no restrictions on where the office can be located, but it must be a physical address to which any legal notices can be delivered – PO boxes or similar mailboxes cannot be used.

The agent's office address could be the local party office, an office 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 will be published.

If you do not notify the relevant Returning Officer of the name and address of your election agent by 4pm, 23 working days before the poll, you will automatically become your own agent7 and the office address is deemed to be the address you provided on your nomination form.8

It is helpful to also provide a contact telephone number and email address for your election agent so that the relevant Returning Officer can easily contact them.

The relevant Returning Officer may provide a declaration form, or you could use the election agent declaration form produced by us.

Party list candidates

A party that has submitted a list of candidates for election must have an election agent to act for all of the candidates on the party list.9

The name and address of the election agent must be declared to the RRO by the deadline of 4pm, 23 working days before the poll.10

The declaration may include a request made by the election agent that their home address is not published on any public notice and that a correspondence address is published instead.11

The declaration must be made by the highest candidate in the party list, the declaration should be signed by the person declaring the appointment and by the agent to show their acceptance of the appointment.12

An election agent must have an office address.13 The declaration notifying the RRO of the appointment of an election agent must include the office address.14 There are no restrictions on where the office can be located, but it must be a physical address to which any legal notices can be delivered – PO boxes or similar mailboxes cannot be used.

The agent's office address could be the local party office, an office 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 will be published.

If the RRO is not notified of the name and address of an election agent by 4pm, 23 working days before the poll, the candidate whose name appears highest on the list of candidates shall be deemed to have been named on behalf of the party for all of the candidates.15  

Where the candidate named first on the party list is deemed to be the election agent because the RRO has not been notified of an agent appointment, the office address will be deemed to be the address provided on the party’s nomination form.16

It is helpful to also provide a contact telephone number and email address for your election agent so that the RRO can easily contact them.

The RRO may provide a declaration form, or you could use the election agent declaration form produced by the Commission.