Local Government (Scotland) Act 1973

Section 11.

SCHEDULE 2 S Establishment of New Local Authorities

First elections of councillors S

1 (1) For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate.

(2) In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

2 (1) At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct.

(2) In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor.

(3) Section 7(5)

of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 2 para. 2(4)(5) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

Qualification for membership S

3 For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils S

4 (1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated—

(a) in a case where there is a committee for the area established under section 230 of this Act, by the committee; and

(b) in any other case, by the Secretary of State;

and shall be held at such place as the said person may appoint.

(3) The notice of the meeting required by paragraph 2(1)

of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5 (1) Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.

Suspension of elections S

6 (1) No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy.

(2) Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975:

Provided that nothing in this sub-paragraph shall operate to continue any councillor in the office of provost, bailie, honorary treasurer, judge of police or dean of guild of a burgh beyond the date at which he would have ceased to hold that office if this Act had not been passed, and any reference in any enactment to the day of an annual election of councillors shall be construed as a reference to the day on which such election would have been held if this Act had not been passed.