Representation of the People Act 1983

42 Local elections in Scotland. U.K.

(1) Elections of councillors for local government areas in Scotland shall be conducted in accordance with rules made by the Secretary of State.

(2) Rules made under this section shall apply the parliamentary elections rules in Schedule 1 to this Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(3) Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area in Scotland shall contain a statement declaring that the candidate—

(a) consents to be nominated as a candidate;

[F1 (b) if elected, will accept office as a councillor and will faithfully perform the duties of the office;]

(c) has attained the age of 21 years and is a Commonwealth citizen or citizen of the Republic of Ireland [F2 or a relevant citizen of the Union] and not subject to any legal incapacity, and

(d) is not subject to any of the disqualifications for office set out in section 31 of the M1 Local Government (Scotland) Act 1973 (disqualifications for office as local authority member).

(4) The statement mentioned in subsection (3) above shall also contain particulars of the candidate’s qualification for office under paragraphs (a) to (d) of section 29(1) of that Act of 1973 (qualifications for office as local authority member), in such form as may be prescribed by rules made under this section.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a councillor for a local government area in Scotland, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(7) Rules made under this section shall be—

(a) made by statutory instrument;

(b) subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 42(3)(b) repealed (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 32, Sch. 9

F2 Words in s. 42(3)(c) inserted (6.8.1995) by S.I. 1995/1948, arts. 1(2), 5(2), Sch. 2 paras. 3(d), 6

Modifications etc. (not altering text)

C1 S. 42(5) modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C2 S. 42(5)(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(1)(c) (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

S. 42(5)(6) modified (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 14(5), Sch. 5 para. 3(1)(c)(2) (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

S. 42(5)(6) modified (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 14(5), Sch. 5 para. 3(1)(c)

C3 S. 42(6) modified (S.) by S.I. 1986/1111, regs. 2, 97(1)(2)

C4 S. 42(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(2) (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

Marginal Citations

M1 1973 c. 65.