Guidance for Candidates and Agents at Scottish Parliament elections

Constituency candidates

Your election agent may appoint sub-agents to act on their behalf in any part in of the constituency in which you are standing, as long as those parts do not overlap.1 The agent can determine the parts into which they wish to sub-divide the constituency. 

A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed.

The election agent should ensure that the sub-agent is aware of the election and spending rules. Anything done by the sub-agent will be treated as if it had been done by the election agent.

By the second working day before the poll the election agent must declare in writing to the CRO the name and address of the sub-agent and the area in which they may act.2  The CRO will provide a form you can use. Alternatively, you can use the form included for this purpose in the Commission’s nomination pack.

The sub-agent must have an office address. The declaration notifying the CRO of the appointment of a sub-agent must include the office address. 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.

A request may be included in the declaration of sub-agent that their home address is not published on the notice of sub-agent and a correspondence address is published instead.3  

The sub-agent's office address could be the local party office, an office set up for the election or their home address.

If the sub-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.

The election agent can revoke the appointment of the sub-agent at any time and another sub-agent may be appointed. If another sub-agent is appointed, the election agent must declare in writing the name and address and area of appointment of the new sub-agent to the CRO.

Party list and individual candidates at a regional election

The election agent may appoint sub-agents to act on their behalf in any part of the region, as long as those parts do not overlap.4 The agent can determine the parts into which they wish to sub-divide the region. 

A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed. 

The election agent should ensure that the sub-agent is aware of the election and spending rules. Anything done by the sub-agent will be treated as if it had been done by the election agent. 

By the second working day before the poll the election agent must declare in writing to the RRO the name and address of the sub-agent and the area in which they may act.5  The RRO will provide a form you can use. Alternatively, you can use the form included for this purpose in the Commission’s nomination pack.

The sub-agent must have an office address. The declaration notifying the RRO of the appointment of a sub-agent must include the office address. 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.

A request may be included in the declaration of sub-agent that their home address is not published on the notice of sub-agent and a correspondence address is published instead.6
 
The sub-agent's office address could be the local party office, an office set up for the election or their home address.

If the sub-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.

The election agent can revoke the appointment of the sub-agent at any time and another sub-agent may be appointed. If another sub-agent is appointed, the election agent must declare in writing the name and address and area of appointment of the new sub-agent to the RRO.