Representation of the People Act 1983

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

[F1 (1) In every year in which ordinary elections of councillors for local government areas in Scotland are held, the [F2 day on which the poll is held at an] election is—

(a) the first Thursday in May; or

(b) such other day as may be fixed by the Secretary of State by order made by statutory instrument not later than 1st February in the year preceding the year or, in the case of an order affecting more than one year, the first year in which the order is to take effect.

(1A) An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(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 F3 . . . or section 45(1) below,

is a [F4 Saturday] Sunday, [F4 Christmas Eve] Christmas Day, New Year’s Day, [F4 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 [F5 etc. (Scotland) Act 1994], in reckoning a number of days [F6 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 [F7 the day on which the poll is held at] an election is postponed under subsection (2) above, the day on which the election is held shall be treated as the day of [F8 poll] for all purposes of this Act or that Act of [F9 1994] 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 S. 43(1)(1A) substituted (S.) (1.4.1996) for s. 43(1) by 1994 c. 39, ss. 6, 7(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

F2 Words in s. 43(1) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(a)(6)(a)

F3 ", or section 44(2)" repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

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

F5 Words in s. 43(2) substituted (S.) (retrospective to 8.11.1994) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(b)(6)(b)

F6 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(3)

F7 Words in s. 43(3) inserted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(i)(6)(a)

F8 Word in s. 43(3) substituted (S.) (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(ii)(6)(a)

F9 Word in s. 43(3) substituted (S.) (retrospective to 8.11.1994) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(3)(c)(iii)(6)(b)

Modifications etc. (not altering text)

C1 S. 43 excluded (S.) (8.11.1994) by 1994 c. 39, ss. 5(2), 7(2); S.I. 1994/2850, art. 2, Sch. 1

Marginal Citations

M1 1973 c. 65.