Representation of the People Act 1983

43 Day of ordinary local elections in Scotland, and other timing provisions. U.K.

(1) In every year in which ordinary elections of councillors for local government areas in Scotland are held, the [F1 day on which the poll is held at an] election is the first Thursday in May.

(2) Where—

(a) the day or the last day on which anything is required or permitted to be done by any rules under section 42 above, or

(b) the day on which anything is required to be done under subsection (1) above F2 or section 45(1) below,

is a [F3 Saturday] Sunday, [F3 Christmas Eve] Christmas Day, New Year’s Day, [F3 Maundy Thursday] Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act or by the M1 Local Government (Scotland) Act 1973 , in reckoning a number of days [F4 for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland], the days before specified shall not be excluded.

(3) Where [F5 the day on which the poll is held at] an election is postponed under subsection (2) above, the day on which the [F6 poll] is held shall be treated as the day of election for all purposes of this Act or that Act of 1973 relating to that election.

(4) Where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in subsection (3) above affects the validity of any act done in relation to an election before or on the date of the declaration.

Textual Amendments

F1 Words in s. 43(1) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(a)(6)(a)

F2 “, or section 44(2)” repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F3 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(3)

F4 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(3)

F5 Words in s. 43(3) inserted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(i)(6)(a)

F6 Word in s. 43(3) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(ii)(6)(a)

Marginal Citations

M1 1973 c. 65.