2016 No. 354
The Scottish Local Government Elections Amendment (No. 2) Order 2016
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1) and 16(2) and (3) of the Local Governance (Scotland) Act 20041 and all other powers enabling them to do so.
In accordance with section 7(1) and (2)(j) of the Political Parties, Elections and Referendums Act 20002, they have consulted the Electoral Commission.
In accordance with section 16(5) of the Local Governance (Scotland) Act 2004, a draft of the Order has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and transitional provision1
1
This Order may be cited as the Scottish Local Government Elections Amendment (No. 2) Order 2016 and comes into force on the day after the day on which it is made.
2
The amendments made by this Order do not apply in relation to an election for which the date of poll is before 4th May 2017.
Amendment of the Scottish Local Government Elections Order 2011
2
The Scottish Local Government Elections Order 20113 is amended as follows.
3
In schedule 1 (Scottish local government election rules)—
a
in rule 25 (equipment of polling stations)—
i
in paragraph (4), omit the words after “outside every polling station”; and
ii
after paragraph (4), insert—
4A
A notice in the form set out in Form 13A, or a form to the like effect, giving directions for the guidance of voters in voting, shall be exhibited in every compartment of every polling station.
b
in rule 43 (the count)—
i
in paragraph (1)(b), omit “if required to do so by a candidate or an election agent,”;
ii
in paragraph (5), for the words from “Where under” to “do so” substitute “The returning officer shall verify each ballot paper account”; and
iii
in paragraph (5), for “, which any election agent may copy” substitute “and shall, on request, supply a copy of that statement to any election agent”;
c
in rule 44 (rejected ballot papers), in paragraph (1)(a) after “electronic” insert “or other”; and
d
in Part VII (forms for use at Scottish local government elections)—
i
for Forms 1 and 8 to 12, substitute the equivalently numbered forms which are set out in the schedule of this order;
ii
for Form 13, substitute the forms numbered 13 and 13A which are set out in that schedule; and
iii
for Forms 14 and 15, substitute the equivalently numbered forms which are set out in that schedule.
4
In schedule 2 (modifications where poll at local government election is taken together with poll at another election), omit paragraph 22.
5
Omit schedule 4 (form of postal voting statement).
Amendment of the Representation of the People Act 19836
After subsection (5) of section 76 (limitation of election expenses) of the Representation of the People Act 19834, insert—
5A
The maximum amount mentioned above for a candidate at a local government election in Scotland is not required to cover—
a
the candidate’s personal expenses;
b
expenses that are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.
Revocation7
In the Scottish Local Government Elections Amendment Order 20165, in article 2 (amendment of the Scottish Local Government Elections Order 2011) omit—
a
paragraph (f); and
b
the word “and” immediately before it.
SCHEDULEForms to be substituted
(This note is not part of the Order)