Local Electoral Administration and Registration Services (Scotland) Act 2006

34 Miscellaneous amendments S

(1) The following provisions of the 1983 Act, so far as they apply in relation to a local government election in Scotland, are amended as follows—

(a) in section 65 (tampering with nomination papers, ballot papers etc.), in subsection (1)(b), after “or any” insert “ postal voting statement or ”,

(b) in section 66 (requirement of secrecy), in each of the following provisions, after “number” insert “ or other unique identifying mark ”

(i) subsection (2)(a),

(ii) subsection (3)(c),

(iii) subsection (4)(b) and (c), and

(iv) subsection (5).

(2) In section 160 of the 1983 Act (persons reported personally guilty of corrupt or illegal practices), the following provisions are repealed—

(a) in subsection (5A), the words “to subsection (5B) below and”, and

(b) subsection (5B).

(3) In section 173A of the 1983 Act (incapacity to hold public or judicial office in Scotland), the following provisions are repealed—

(a) in subsection (1), the words “to subsection (3) and”, and

(b) subsection (3).

(4) In Schedule 2 (provisions which may be contained in regulations as to registration etc.) to the 1983 Act, after paragraph 12 insert—

Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;”.

(5) In paragraph 3(3)(b) of Schedule 4 to the 2000 Act (eligibility to vote by proxy at parliamentary or local government elections), the words “or, in the case of local government elections in Scotland, by reason of blindness or other physical incapacity” are repealed.

(6) In section 3 of the Local Governance (Scotland) Act 2004 (asp 9), after subsection (2) insert—

“(2A) For the avoidance of doubt, not every order made under subsection (1) need include provision of the type mentioned in subsection (2).”.

Commencement Information

I1 S. 34 wholly in force at 17.2.2007; s. 34 not in force at Royal Assent, see s. 63(2); s. 34(2)(3)(6) in force at 29.1.2007 and s. 34(1)(4)(5) in force at 17.2.2007 by S.S.I. 2007/26, arts. 2(1)(m), 3(1)(h) (with transitional provisions in art. 3(2))