1994 No. 3255 (S.183)
The Local Government (Transitional Election Arrangements) (Scotland) Order 1994
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by section 181(1) and (2) of the Local Government etc. (Scotland) Act 19941, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and effect
1
This Order may be cited as the Local Government (Transitional Election Arrangements) (Scotland) Order 1994, shall come into force on 6th January 1995 and shall cease to have effect on 1st April 1996.
2
In this Order—
“the 1973 Act” means the Local Government (Scotland) Act 19732;
“the 1983 Act” means the Representation of the People Act 19833;
“the 1986 Regulations” means the Representation of the People (Scotland) Regulations 19864;
“the 1986 Rules” means the Scottish Local Elections Rules 19865;
“the 1994 Act” means the Local Government etc. (Scotland) Act 1994;
“new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the 1994 Act.
Transitional arrangements for elections to new local authorities
3
For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the provisions specified in Schedule I to this Order shall apply.
4
For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the 1983 Act shall (subject to section 5(2) of and paragraph 2 of Schedule 2 to the 1994 Act and to the modifications referred to in articles 5, 6 and 7 below) apply and in respect of those provisions of that Act specified in column 1 of Schedule II to this Order, their application shall be subject to the modifications in column 2 of that Schedule.
5
For the purpose of the election of councillors to a new local authority on 6th April 1995, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule III to this Order, their application shall be subject to the modifications in column 2 of that Schedule.
6
For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 6th April 1995 and 1st April 1996, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule IV to this Order, their application shall be subject to the modifications in column 2 of that Schedule.
7
For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, in the application of the 1983 Act in terms of articles 4 and 6 above, the modification to section 10 of the 1983 Act specified in Schedule II to this Order, shall be omitted.
8
1
For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 16th February 1996, the provisions of the 1986 Regulations specified in column 1 of Part 1 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.
2
For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, the provisions of the 1986 Regulations specified in column 1 of Part 2 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.
3
For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membersh ip of a new local authority taking place between that date and 1st April 1996, the provisions of the 1986 Rules specified in column 1 of Part 3 of Schedule V to this Order shall apply—
a
subject, where specified, to the modifications in column 2 of that part of that Schedule; and
b
subject to article 9 below.
9
For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, any reference in the Appendix of Forms to the 1986 Rules (and in Schedule 3 to the 1986 Rules) to the area of a region or a district or to the council or councillors of a region or a district (however expressed) shall be construed as a reference to the area of a new local authority or to the council or councillors of a new local authority, as the case may be.
Transitional arrangements for registers of electors
10
Notwithstanding the terms of sections 9(1) and 13(1) of the 1983 Act and without prejudice to his duty to publish electors lists on or before 28th November 1994 and to determine all claims for registration and objections to any person’s registration, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to publish a register of local government electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1995.
11
Notwithstanding the terms of sections 9(1), 10 and 13(1) of the 1983 Act, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to prepare nor publish a register of local gov ernment electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1996.
12
For the purpose of regulation 30(2) of the 1986 Regulations, there shall be substituted for the definition of “electoral area” in the application of those Regulations to a registration officer appointed by a regional council under section 8 of the 1983 Act, the following definition:—
“electoral area” means an electoral ward within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994;
SCHEDULE I
1
The 1973 Act.
Section 29 as modified by paragraph 3 of Schedule 2 to the 1994 Act (Qualifications for nomination, election and holding office)
Section 31(1), (2) and (3)6 (Disqualifications for nomination, election and holding office)
Section 32 (Proceedings for disqualification)
Section 33 (Validity of acts)
Section 33A7 (Declaration of acceptance of office)
Section 36 (Casual vacancies)
Section 37(1) and (3) (Filling of casual vacancies).
2
The Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 19908.
SCHEDULE IIThe 1983 Act
Column 1 | Column 2 |
---|---|
Section 10 (Preparation of registers) | For section 10 there shall be substituted—
|
Section 31(2) (Polling districts for local elections) | For section 31(2) there shall be substituted—
|
Section 41 | After section 41 there shall be inserted—
|
Section 42(6) (Advance expenses of elections) | For the words “for that area” substitute the words “which appointed the returning officer”. |
Section 549 (Payment of expenses of registration) | For the words “local authority” wherever they occur substitute the words “regional council”. |
Section 67(7)(b) (Meaning of “appropriate officer”) | For the words after “election,”, to the end substitute the words “the returning officer”. |
Section 131(1) (Accommodation for court) | For the words “authority for which the election was held” substitute the words “regional council which appointed the returning officer”. |
Section 134(5) (Expenses of sheriff principal) | For the words “authority for which the election was held” substitute the words “returning officer” and for the words “that authority” substitute the words “that returning officer”. |
Section 200(1A)10 (Public notices) | For the words “a local authority” substitute the words “the regional council which appointed the returning officer”. |
Section 204(1) (Application to Scotland) |
|
SCHEDULE IIIThe 1983 Act
Column 1 | Column 2 |
---|---|
Section 41(1) (Appointment of returning officer) | For section 41(1) there shall be substituted—
|
Section 41(2) (Discharge of functions of returning officer) | After the word “Act” insert the words “or under the Local Government etc. (Scotland) Act 1994”. |
SCHEDULE IVThe 1983 Act
Column 1 | Column 2 |
---|---|
Section 41(1) (Appointment of returning officer) | For section 41(1) there shall be substituted—
|
Section 42(5) (Expenses of election) | For the words “of that authority” substitute the words “which appointed him”. |
SCHEDULE V
PART 1
Column 1 | Column 2 |
---|---|
| |
Regulation 4 | For the definition of “electoral area”, there shall be substituted the following definition:—
|
Regulation 5 | In paragraph (1)(a), for the words “regulations 37, 38 and 56”, substitute the words “regulation 56”. |
Regulations 6 to 29 | |
Regulations 45 to 50 | |
Regulation 51 (except paragraph (1A)11) | |
Regulations 52 to 61 | |
Regulation 62 | In paragraphs (4)(a) and(5), for the words “local authority”, substitute the words “regional or islands council”12. |
Regulations 63 to 93 | |
Regulation 94 | In paragraph (1), for the words “authority to which councillors are to be elected”, substitute the words “regional council which appointed that returning officer”. |
In Schedule 2, Forms C, K and L |
PART 2
| |
Regulation 4 | For the definition of “electoral area”, there shall be substituted the following definition:—
|
Regulations 5 to 50 | |
Regulation 51 (except paragraph (1A)) | |
Regulations 52 to 61 | |
Regulation 62 | In paragraphs (4)(a) and (5), for the words “local authority”, substitute the words “regional or islands council”. |
Regulations 63 to 93 | |
Regulations 94 | In paragraph (1), for the words “authority to which councillors are to be elected”, substitute the words “regional council which appointed that returning officer”. |
In Schedule 2, Forms A, B, C, K and L |
PART 3
| |
Paragraph 4 | For the words “means a region, islands area or district”, substitute the words “means a local government area within the meaning of the Representation of the People Act 1983 as applied by the Local Government (Transitional Election Arrangements) (Scotland) Order 1994”. After paragraph 4, there shall be inserted—
|
Paragraph 5 | |
In Schedule 2— | |
Rules 1 to 13 | |
Rule 14 | In paragraph (2), for the words “regional, islands area or district council, as the case may be”, substitute the words “local government area”. |
Rules 15 to 45 | |
Rule 46 | In paragraph (1), for the words “region, islands area or district, as the case may be”, substitute the words “local government area”. |
Rules 47 and 48 | |
The Appendix of Forms | In the form in the Appendix of Forms headed “NOMINATION PAPER”13—
|
In Schedule 3— | |
paragraphs 1 to 17 | |
paragraph 18 | The words “In the application” to “he is the returning officer”shall not apply. |
paragraphs 19 to 23 |
(This note is not part of the Order)