Community Empowerment (Scotland) Act 2015

52 Ballot not conducted as prescribed S

In section 52 of the 2003 Act (ballot procedure), after subsection (6) (inserted by schedule 4), insert—

“(7) Provision may be prescribed for or in connection with—

(a) reviewing whether a ballot was conducted in accordance with provision prescribed under subsection (1),

(b) providing notification to such persons, or description of persons, as may be prescribed that a ballot has not been so conducted,

(c) in a case where a ballot has not been so conducted, requiring a further ballot to be conducted on such a basis, and by such persons or description of persons, as may be prescribed,

(d) requiring any such further ballot to be conducted—

(i) in compliance with such conditions as may be prescribed (including conditions that the ballot be conducted in accordance with provision prescribed under subsection (1)),

(ii) within such timescales as may be prescribed,

(e) specifying persons, or descriptions of persons, who are to meet the expenses of conducting any such further ballot,

(f) specifying that any review mentioned in paragraph (a) be carried out by—

(i) such persons,

(ii) such description of persons, or

(iii) such a court or tribunal,

as may be prescribed,

(g) specifying the action that may be taken by such persons, persons of such description or such a court or tribunal following such a review.”.

Commencement Information

I1 S. 52 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

I2 S. 52 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)