Representation of the People Act 1983

Conduct of local government elections in Scotland U.K.

41 Returning officers: local elections in Scotland. U.K.

(1) Every local authority in Scotland shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.

(2) A returning officer in Scotland appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(3) A local government election in Scotland is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

Modifications etc. (not altering text)

C1 S. 41 extended (11.3.1999) by S.I. 1999/787, art. 14

42 Local elections in Scotland. U.K.

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a councillor for a local government area in Scotland, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

F1 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 42(1)-(4)(7) repealed (S.) (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 5(1)(a), 17(2); S.S.I. 2007/25, art. 2(2)

Modifications etc. (not altering text)

C2 S. 42(5) modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C3 S. 42(5)(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(1)(c) (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

S. 42(5)(6) modified (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 14(5), Sch. 5 para. 3(1)(c)(2) (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

S. 42(5)(6) modified (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 14(5), Sch. 5 para. 3(1)(c)

C4 S. 42(5)(6) modified (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), art. 1(1), Sch. 5 para. 3(1)(c)(2) (with art. 1(2)(3))

C5 S. 42(5)(6) modified (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), art. 1(1), sch. 5 para. 3(1)(b) (with art. 1(2))

C6 S. 42(6) modified (S.) by S.I. 1986/1111, regs. 2, 97(1)(2)

C7 S. 42(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(2) (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

C8 S. 42(6) modified (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), art. 1(1), sch. 5 para. 3(2) (with art. 1(2))

43 Day of ordinary local elections in Scotland, and other timing provisions. U.K.

[F2 (1) [F3 Subject to subsection (1AA),] in every year in which ordinary elections of councillors for local government areas in Scotland are held, the [F4 day on which the poll is held at an] election is—

(a) the first Thursday in May; or

(b) such other day as may be fixed by the Secretary of State by order made by statutory instrument not later than 1st February in the year preceding the year or, in the case of an order affecting more than one year, the first year in which the order is to take effect.

(1A) An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F5 (1AA) The poll shall not be held on the day specified in or fixed under subsection (1) where that day is the day of the poll at an ordinary general election for membership of the Scottish Parliament.

(1AB) Where subsection (1AA) prevents the poll being held on the day specified in or fixed under subsection (1), the poll is to be held on such other day as the Scottish Ministers may by order specify.

(1AC) An order under subsection (1AB) is subject to the affirmative procedure.]

[F6 (1B) Despite subsection (1) above—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if an extraordinary general election is, under section 3(2) of [F8 the Scotland Act 1998 (c. 46) (“the 1998 Act”)] (which enables the holding of such an election), to be held on a day occurring within the relevant period,

the Scottish Ministers may, by order, provide that the poll at the ordinary local election to be held that year shall be held on that day;

(1C) In subsection (1B) above—

• “extraordinary general election” means a general election for membership of the Scottish Parliament held under section 3 of the 1998 Act;

• F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ordinary local election” means an ordinary election of councillors for local government areas in Scotland held in accordance with section 5 of the 1994 Act and this Act;

• “relevant period” means the period beginning with 11th March in a year in which an ordinary local election falls to be held and ending with the day which immediately precedes the first Thursday in May in that year,

and references to the time when a local election falls or does not fall to be held are to be construed in accordance with section [F10 5(1A) or (1B)] of the 1994 Act.

(1D) An order under subsection (1B) above shall be made by statutory instrument.]

(2) Where—

(a) the day or the last day on which anything is required or permitted to be done by any rules under section 42 above, or

(b) the day on which anything is required to be done under subsection (1) [F11 or (1B)] above F12 . . . or section 45(1) below,

is a [F13 Saturday] Sunday, [F13 Christmas Eve] Christmas Day, New Year’s Day, [F13 Maundy Thursday] Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act or by the M1 Local Government [F14 etc. (Scotland) Act 1994], in reckoning a number of days [F15 for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland], the days before specified shall not be excluded.

(3) Where [F16 the day on which the poll is held at] an election is postponed under subsection (2) above, the day on which the election is held shall be treated as the day of [F17 poll] for all purposes of this Act or that Act of [F18 1994] relating to that election.

(4) Where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in subsection (3) above affects the validity of any act done in relation to an election before or on the date of the declaration.

Textual Amendments

F2 S. 43(1)(1A) substituted (S.) (1.4.1996) for s. 43(1) by 1994 c. 39, ss. 6, 7(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

F3 Words in s. 43(1) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(10), 72(4)(a); S.I. 2017/608, reg. 2(1)(c)

F4 Words in s. 43(1) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(a)(6)(a)

F5 S. 43(1AA)-(1AC) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 5(11), 72(4)(a); S.I. 2017/608, reg. 2(1)(c)

F6 S. 43(1B)-(1D) inserted (S.) (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 2(1)

F7 S. 43(1B)(a) repealed (30.4.2010) by Scottish Local Government (Elections) Act 2009 (asp 10), s. 3(3), Sch. para. 1(2)(a); S.S.I. 2010/132, art. 2

F8 Words in s. 43(1B)(b) substituted (30.4.2010) by Scottish Local Government (Elections) Act 2009 (asp 10), s. 3(3), Sch. para. 1(2)(b); S.S.I. 2010/132, art. 2

F9 Words in s. 43(1C) repealed (30.4.2010) by Scottish Local Government (Elections) Act 2009 (asp 10), s. 3(3), Sch. para. 1(3)(a); S.S.I. 2010/132, art. 2

F10 Words in s. 43(1C) substituted (30.4.2010) by Scottish Local Government (Elections) Act 2009 (asp 10), s. 3(3), Sch. para. 1(3)(b); S.S.I. 2010/132, art. 2

F11 Words in s. 43(2)(b) inserted (S.) (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 2(2)

F12 ", or section 44(2)" repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F13 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(3)

F14 Words in s. 43(2) substituted (S.) (retrospective to 8.11.1994) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(b)(6)(b)

F15 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(3)

F16 Words in s. 43(3) inserted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(i)(6)(a)

F17 Word in s. 43(3) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(ii)(6)(a)

F18 Word in s. 43(3) substituted (S.) (retrospective to 8.11.1994) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(iii)(6)(b)

Modifications etc. (not altering text)

C9 S. 43 excluded (S.) (8.11.1994) by 1994 c. 39, ss. 5(2), 7(2); S.I. 1994/2850, art. 2, Sch. 1

Marginal Citations

M1 1973 c. 65.

F19 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F19 S. 44 repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 9, Sch. 5

45 Non-election of local authority etc. in Scotland. U.K.

(1) If in Scotland—

F20 (a) for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act and the M2 Local Government (Scotland) Act 1973, and the case is not otherwise provided for, or

(b) there is for any reason no legally constituted local authority for any area, or

(c) the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to that Act of 1973 (meetings and proceedings of local authorities).

the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable after that, on a date to be fixed by him.

(2) The Secretary of State may in that direction—

(a) make such provision as appears to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above; and

(b) make such incidental, consequential, transitional or supplemental provision as appears to him to be necessary or proper.

Textual Amendments

F20 By The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 5, it is provided that (S.) (17.2.2007 except for the purposes of any election to be held on or before 2.5.2007) the words "this Act, the Local Government etc. (Scotland) Act 1994 and the Local Governance (Scotland) Act 2004" be substituted for the words "this Act and the Local Government etc. (Scotland) Act 1994"

Modifications etc. (not altering text)

C10 S. 45 applied (with modifications) (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 7

S. 45 applied (S.) (13.11.2002 except for specified purposes) by The Scottish Local Government Elections Rules 2002 (S.S.I. 2002/457), rules 1(2), 4, Sch. 2 rule 48(1) (which S.I. was revoked (17.2.2007) by S.S.I. 2007/42, art. 6(1) (subject to art. 6(2))

Marginal Citations

M2 1973 c. 65.