Guidance for Returning Officers administering a Scottish Parliament election

Counting agents can be appointed to observe the verification and counting processes relating to the contest for which they have been appointed. You must give appointed counting agents notice in writing of the time and place at which the verification and count will begin.1

You must be notified in writing of the appointment of counting agents by not later than five working days before the poll for their appointment to be in force for the verification and count.2 We have produced a template form for the notification of appointment of a counting agent for use at Scottish Parliament elections.

You can find the notification of appointment of a counting agent form in the agent section of our resource page.

Limiting the number of agents in attendance

You are permitted by law to limit the number of counting agents appointed.3 The number that may be appointed by each constituency candidate must be the same , and the number that may be appointed by each individual regional candidate and by the election agent of each of the parties standing nominated at the regional contest must be the same.4

Unless there are special circumstances, the number must not be less than the number obtained by dividing the number of counting assistants (i.e. those staff counting the ballot papers) by the number of candidates in the case of the constituency election and by the total number of individual regional candidates and parties standing nominated in the case of the regional election.5

When determining the maximum number of counting agents, each candidate and agent should, as far as possible, be permitted to appoint sufficient numbers of counting agents to enable full and proper scrutiny of the verification and count processes. You should, however, consider any health and safety implications, including fire regulations for the verification and count venue, when deciding on maximum numbers of counting agents.

When determining the maximum number of counting agents you should also bear in mind that the counting agents for all polls being verified are entitled to attend the verification  stage of the count.

For more information see our guidance on attendance at the verification and count.

Secrecy and conduct requirements

Anyone attending the count has a duty to maintain the secrecy of the count. All counting agents must be supplied with the following requirements of secrecy for the count.6

You can find secrecy requirements in the agents section of our resource page.

In particular, anyone attending must not:

• ascertain or attempt to ascertain the ballot paper number or other unique identifying number on the back of any ballot paper
• communicate any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper

Calculation of the regional result and the allocation of seats

The election agent for individual regional candidates and party lists may attend the allocation of regional seats. A person attending in place of the election agent may also attend (which could be a sub-agent or a counting agent).

For more information on who is permitted to attend the calculation of the regional result and the allocation of seats, see our guidance on attendance at the verification and count.