Local Governance (Scotland) Act 2004
| Jurisdiction | Scotland |
| Citation | 2004 asp 9 |
(1) Each local government area shall be divided into electoral wards; and there shall be a separate election for each electoral ward.(2) The number of councillors to be returned in an electoral ward shall be F10two, three, four or five, as determined by F14regulations made under section 17 ... of the Local Government (Scotland) Act 1973 (c. 65) (“the 1973 Act”) F12(regulations giving effect to proposals made by Boundaries Scotland after, in particular, complying with the duty in section 28(2) , and schedule 6, of the 1973 Act) .(2A) But, in relation to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018) , F15regulations made under section 17 of the 1973 Act may determine that the number of councillors to be returned is F13one.(3) Different numbers may be determined in relation to different electoral wards.the voter’s first preference from among the candidates to be councillor, andif there are three or more candidates and the voter wishes to express a further preference for one or more of those candidates, the voter’s second and, if the voter wishes, subsequent preferences from among those candidates.marking the preference on the ballot paper, orcommunicating the preference by such electronic means as may be permitted by or under this Act or any other enactment.the conduct of elections of councillors,the questioning of such an election and the consequences of irregularities.specify the manner in which the number of votes which will secure the return of a candidate as a councillor is to be calculated,provide for any candidate with a number of votes which equals or exceeds the number so calculated to be deemed to be elected as a councillor,make provision as to circumstances in which one or more of the candidates is to be excluded from the election on the basis of the number of votes then credited to those candidates,make provision as to the transfer of ballot papers from candidates deemed to be elected as councillors or excluded from the election,specify the value, or the method for calculating the value, to be given to a vote on a transferred ballot paper.(2A) For the avoidance of doubt, not every order made under subsection (1) need include provision of the type mentioned in subsection (2) .(2B) The references to “ballot papers” and “transferred ballot paper” in subsection (2) are to be read as including any paper or electronic form used to record a vote communicated by electronic means.make provision about the limitation of the election expenses of candidates,apply, with or without modifications or exceptions, any provision made by or under any enactment.(4) Provision made by such an order by virtue of subsection (1) (b) must include provision applying Part III of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (with such modifications or exceptions as the order may specify) .(5) The return of a councillor may be questioned only under Part III of the 1983 Act as applied by an order under subsection (1) .(1) The Scottish Ministers may by order make provision as to the publication of information about votes cast at elections of councillors.specify information to which the provisions shall apply,make provision about access to information to facilitate publication,specify limitations on the publication of information,make provision relating to votes cast in part of an electoral ward.(3) Nothing may be done by virtue of an order under this section which would make it possible to ascertain whether or not a particular elector voted.(4) An order under this section may make provision which applies to any voting information held by virtue of this Act in relation to the local government elections held in 2007.review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas, andformulate proposals for those arrangements.
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