2021 No. 437
The Scottish Local Government Elections Amendment Order 2021
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3 and 16 of the Local Governance (Scotland) Act 20041 and all other powers enabling them to do so.
In accordance with section 16(5) of that Act2, a draft of this instrument 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 Order 2021.
2
This Order comes into force on the day after the day on which it is made.
3
The amendments made by this Order do not apply in relation to an election for which the date of poll is on or before 4 May 2022.
Amendment of the Scottish Local Government Elections Order 20112
1
Schedule 1 of the Scottish Local Government Elections Order 20113 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)4, or
b
section 7A (residence: persons remanded in custody etc.)5.
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”
.
Amendment of the Representation of the People Act 19833
1
The Representation of the People Act 19836 is amended in accordance with this article.
2
In section 76(5A) (limitation of election expenses)7, after paragraph (b) insert—
c
reasonable expenses incurred that are reasonably attributable to an individual’s disability,
d
reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events,
e
reasonable expenses incurred that are reasonably attributable to the translation of anything into another language.
3
After section 88 (publication of time and place for inspection of returns and declarations), insert—
Scottish local government elections: Publication of time and place for inspection of returns and declarations88A
1
At a local government election in Scotland, the returning officer must, within 10 days after the end of the time allowed for the delivery of returns as to election expenses—
a
publish a notice, in such manner as the returning officer considers appropriate, of the time and place at which the returns and declarations (including the accompanying documents) can be inspected, and
b
send a copy of the notice to each of the election agents.
2
If any return or declaration has not been received by the returning officer before the returning officer publishes a notice under subsection (1)(a), the returning officer must include in the notice a statement that the return or declaration has not been received.
3
If the return or declaration referred to in subsection (2) is received after the notice is published under subsection (1)(a), the returning officer must, within 10 days after the return or declaration is received—
a
publish a further notice, in such manner as the returning officer considers appropriate, of the time and place at which the late return or declaration (including the accompanying documents) can be inspected, and
b
send a copy of the further notice to each of the election agents other than the agent who delivered the late return or declaration or the agent for the candidate who delivered the late declaration.
4
In section 90ZB (Scottish local government elections: meaning of “election expenses”)—
a
for subsection (2), substitute—
2
In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used—
a
for the purposes of the candidate’s election, and
b
after the date when the candidate becomes a candidate at the election.
b
subsections (3) and (7) are repealed.
(This note is not part of the Order)