The Scottish Local Government Elections Amendment Order 2021

Amendment of the Scottish Local Government Elections Order 2011

2.—(1) Schedule 1 of the Scottish Local Government Elections Order 2011(1) is amended in accordance with this article.

(2) In rule 7(2)(d) (decisions as to validity of nomination papers), omit “or the home address of the witness”.

(3) In rule 24 (issue of official poll cards and notifications), after paragraph (3) insert—

“(3A) Paragraph (3) does not apply in relation to the sending or delivery of an elector’s official poll card or notification to an elector to whom either of the following provisions of the 1983 Act applies—

(a) section 3(1A) (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months)(2), or

(b) section 7A (residence: persons remanded in custody etc.)(3).

(3B) Where, by virtue of paragraph (3A), paragraph (3) does not apply, an elector’s official poll card or notification must be sent or delivered to the elector’s place of  detention.”.

(4) In rule 53(2) (filling of last vacancies), for “shall be made” substitute “is required”.

(1)

S.S.I. 2011/399, as amended by S.S.I. 2012/60, S.S.I. 2012/342, S.S.I. 2016/7, S.S.I. 2016/354, S.S.I. 2020/239.

(2)

Section 3(1A) was inserted by section 5(3) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6).

(3)

Section 7A was inserted by section 5 of the Representation of the People Act 2000 (c. 2).