Representation of the People Act 1983

45 Non-election of local authority etc. in Scotland. U.K.

(1) If in Scotland—

F1 (a) for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act and the M1 Local Government (Scotland) Act 1973, and the case is not otherwise provided for, or

(b) there is for any reason no legally constituted local authority for any area, or

(c) the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to that Act of 1973 (meetings and proceedings of local authorities).

the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable after that, on a date to be fixed by him.

(2) The Secretary of State may in that direction—

(a) make such provision as appears to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above; and

(b) make such incidental, consequential, transitional or supplemental provision as appears to him to be necessary or proper.

Textual Amendments

F1 By The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 5, it is provided that (S.) (17.2.2007 except for the purposes of any election to be held on or before 2.5.2007) the words "this Act, the Local Government etc. (Scotland) Act 1994 and the Local Governance (Scotland) Act 2004" be substituted for the words "this Act and the Local Government etc. (Scotland) Act 1994"

Modifications etc. (not altering text)

C1 S. 45 applied (with modifications) (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 7

S. 45 applied (S.) (13.11.2002 except for specified purposes) by The Scottish Local Government Elections Rules 2002 (S.S.I. 2002/457), rules 1(2), 4, Sch. 2 rule 48(1) (which S.I. was revoked (17.2.2007) by S.S.I. 2007/42, art. 6(1) (subject to art. 6(2))

Marginal Citations

M1 1973 c. 65.