Part V General and Supplemental

Scotland and Northern Ireland

204 General application to Scotland. C1

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 division or ward for which the election is held;

  • local authority” means a regional, islands or district council;

  • local government Act” means the M1Local Government (Scotland) Act 1973;

  • local government area” means a region, islands area or district; and

  • 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.

C23

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.

C24

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.

C25

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

C26

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.

C28

For a reference to the register of licences substitute a reference to the register kept in pursuance of section 20 of the M2Licensing (Scotland) Act 1976.

9

Section 231 of the M3Local 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 M4People 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 M5Universities Elections Amendment (Scotland) Act 1881.