Breach of official duty and power to correct procedural errors
Both as CRO (and also as RRO where applicable) you are subject to breach of official duty provisions. This means that if you or your appointed deputes are, without reasonable cause, guilty of any act or omission in breach of official duty you (and/or your deputes) are liable on summary conviction to a fine not exceeding £5,000.1
You have the power to take such steps as you think appropriate to remedy acts or omissions that arise in connection with your electoral functions that are not in accordance with the rules or any other requirements applicable to the election.2
This power allows you to correct procedural errors that are made by you CRO/RRO, an ERO, a Presiding Officer or person’s providing goods or services to you/them. This power does not extend to correcting errors made by candidates or agents. For more information on mistakes made during the nomination process by candidates and agents, please see our guidance on the correction of minor errors.
A procedural error refers to an error someone has made during the process of planning or delivering the election, which may affect the election process or result. For example, incorrect information on poll cards or ballot papers, or postal or polling station ballot papers being issued in error or not issued when they should have been. The above examples are not exhaustive, and you should contact our Scotland Office for support and advice if you think you may have made a mistake that could be corrected using this power. You should also seek your own independent legal advice.
Where you remedy a procedural act or omission in full using your power to correct a procedural error, you will not be guilty of an offence of breach of official duty.3
You should remember that the power to correct procedural errors does not enable you as CRO to recount the votes once the constituency result has been declared or once you have published the statement showing the votes given at the regional contest in your constituency, nor does it enable an RRO to recalculate the result for the region once the result has been declared.4