The Scottish Local Government Elections Order 2007 No. 42

SCHEDULE 1 SCOTTISH LOCAL GOVERNMENT ELECTIONS RULESRULES FOR CONDUCT OF A SCOTTISH LOCAL GOVERNMENT ELECTION WHERE THE POLL IS NOT TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION

PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Nomination

Method of election and notice of uncontested election

12.—(1) If after the expiry of the time for the delivery of notices of withdrawal of nomination, more candidates remain validly nominated for an electoral ward than the number of councillors to be returned for that electoral ward, the councillors for that electoral ward shall be elected from among them at a poll under Part III of this Schedule.

(2) If the number of candidates validly nominated for an electoral ward as aforesaid is equal to, or less than, the number of councillors to be returned for that electoral ward, the returning officer shall cause public notice to be given that there will be no poll in that electoral ward, and that on the day of election those candidates shall be declared elected in accordance with the provisions of paragraph (3).

(3) Where notice of an uncontested election has been given under paragraph (2), the returning officer shall–

(a) not later than 11 a.m. on the day of election declare to be elected the validly nominated candidates referred to in the said notice of uncontested election;

(b) give notice of the name of the persons to whom sub paragraph (a) applies to the proper officer of the council for which the election was held; and

(c) give public notice of the name of such persons, and such public notice may be combined with a public notice given under rule 55.

(4) The public notice to be given under paragraph (2) shall be in the form as set out in Form 3, or a form to the like effect and shall, except where in the circumstances it is not appropriate, be combined with the public notice of poll to be given under rule 19.