Representation of the People Act 1983

Scotland and Northern Ireland U.K.

204 General application to Scotland. U.K.

(1) This section has (in addition to any express application elsewhere in this Act) effect for the general application of this Act to Scotland, and accordingly—

• “electoral area”, in relation to a local government election, means the electoral F1 . . . ward for which the election is held;

• [F2 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

• “local government Act” means the [F3 Local Governance (Scotland) Act 2004 (asp 9)];

• [F4 “local government area” means the area of a local authority;]

• “local government election” means an election of councillors by local government electors for an electoral area.

(2) For a reference to a borough constituency substitute a reference to a burgh constituency.

(3) For a reference to the High Court substitute a reference to the Court of Session and for a reference to the county court or a judge of that court substitute a reference to the sheriff.

(4) The power conferred by section 57 above on the Court of Session to make acts of sederunt for the appointment of judges to hear appeals under that section or to fill any vacancy among the judges so appointed is not required to be exercisable by statutory instrument.

(5) A reference to the Director of Public Prosecutions or the Attorney General refers to the Lord Advocate.

(6) for a reference to a plaintiff or defendant substitute respectively a reference to a pursuer or defender, for a reference to a recognisance substitute a reference to a bond of caution and for a reference to an injunction substitute a reference to an interdict.

(7) Any reference to the report of an election court shall, in relation to an election court trying a petition questioning an election of councillors in Scotland, be construed as a reference to a finding of the court, and the expression “reported of a corrupt or illegal practice” shall be construed accordingly.

(8) For a reference to the register of licences substitute a reference to the register kept in pursuance of section 20 of the M1 Licensing (Scotland) Act 1976.

(9) Section 231 of the M2 Local Government (Scotland) Act 1973 (application to sheriff in cases of difficulty) applies to the provisions of sections 41 to 45 above as that section applied to those provisions immediately before their repeal and reenactment by this Act.

(10) Notwithstanding the repeal by this Act of sections 19 and 43 of the Representation of the M3 People Act 1918, those sections shall continue to have such effect as they had immediately before that repeal in relation to regulation 16 of section 2 of the M4 Universities Elections Amendment (Scotland) Act 1881.

Textual Amendments

F1 Words in the definition of “electoral area” in s. 204(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 130(8)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F2 Definition of “local authority” in s. 204(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(8)(b); S.I. 1996/323, art. 4(1)(c)

F3 S. 204: words in definition of "local government Act" substituted (S.) (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 5(1)(e), 17; S.S.I. 2007/25, art. 2(2)

F4 Definition of “local government area” in s. 204(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(8)(c); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C1 S. 204 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 204(1)(3)(5) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

C3 S. 204(3)-(6)(8) applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

Marginal Citations

M1 1976 c. 66.

M2 1973 c. 65.

M3 1918, (7 & 8 Geo. 5.) c. 64.

M4 1881, (44 & 45 Vict.) c. 40.

205 General application to Northern Ireland. U.K.

(1) This section has (in addition to any express application elsewhere in the Act) effect for the general application of this Act to Northern Ireland, and accordingly—

[F5 (a) a reference to the Attorney General refers to the Attorney General for Northern Ireland;

(aa) a reference to the Director of Public Prosecutions refers to the Director of Public Prosecutions for Northern Ireland;]

(b) subject to subsection (2) below, a reference to any enactment shall be construed as a reference to that enactment as it applies in Northern Ireland.

(2) Nothing in this Act affects the law relating to local government in Northern Ireland.

Textual Amendments

F5 S. 205(1)(a)(aa) substituted for s. 205(1)(a) by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 72

Modifications etc. (not altering text)

C4 S. 205 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 205 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

S. 205 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C5 S. 205(2) excluded (N.I.) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2(1), 13(6)