The Local Government (Transitional Election Arrangements) (Scotland) Order 1994

Article 4

SCHEDULE II The 1983 Act

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Section 10 (Preparation of registers)	For section 10 there shall be substituted— “With a view to the preparation of registers, the registration officer shall have regard to any action which he has taken or subsequently takes, with a view to the preparation of the register of parliamentary electors for each constituency or part of a constituency in the area for which he acts and the register of local government electors for the areas of regions and districts or parts of areas of regions and districts included in the area for which he acts, being— (a) the house to house or other sufficient inquiry he has made; (b) the electors lists which he has published on or before 28th November 1994 including any alterations which he subsequently makes to those lists; and (c) all claims for registration and objections to a person’s registration which he determines or has determined.”.
Section 31(2) (Polling districts for local elections)	For section 31(2) there shall be substituted— “In Scotland, for elections of councillors, the returning officer may divide an electoral ward into polling districts but in the absence of any such division, the polling districts of a ward shall be those which were last designated for the purposes of parliamentary elections under section 18 above.”.
Section 41	After section 41 there shall be inserted— “41A.— (1) The council of a region shall place at the disposal of the returning officer acting in respect of a local government area situated in the area of that region, for the purpose of assisting the returning officer in the discharge of his functions in that respect, the services of officers employed by that council. (2) The council of a district shall, if so requested by the returning officer acting in respect of a local government area wholly or partly situated in the area of that district, place at the returning officer’s disposal, for the purpose of assisting him as mentioned in subsection (1) above, the services of officers employed by that council.”.
Section 42(6) (Advance expenses of elections)	For the words “for that area” substitute the words “which appointed the returning officer”.
Section 54(1) (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)(2) (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)	(i) For the definition of “local authority” there shall be substituted (except for the purposes of section 47(2)(b) of the 1983 Act) the following definition:— ““local authority” means a new local authority within the meaning of the Local Government (Transitional Election Arrangements) (Scotland) Order 1994;”; (ii) For the definition of “local government Act” there shall be substituted the following definition:— ““local government Act” means the Local Government etc. (Scotland) Act 1994;”; (iii) For the definition of “local government area” there shall be substituted the following definition:— ““local government area” means the area of a local authority;”; and (iv) After the definition of “local government election” there shall be inserted the following definitions:— ““registration officer” means an electoral registration officer appointed under section 8(3) above; “returning officer” in relation to the election of councillors to local authorities on 6th April 1995, means the officer appointed under paragraph 2(1) of Schedule 2 to the Local Government etc. (Scotland) Act 1994 and, in relation to any election to fill a casual vacancy in the membership of a local authority taking place between 6th April 1995 and 1st April 1996, means such officer appointed under section 41(1) above as applied by article 4 of and as modified by article 6 of and Schedule IV to the Local Government (Transitional Election Arrangements) (Scotland) Order 1994.”.

(1)

Section 54 was amended by the Representation of the People Act 1985 (c. 50), Schedule 4, paragraph 14.

(2)

Section 200 was amended by the Representation of the People Act 1985, Schedule 4, paragraph 68.