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Local Government (Transitional Election Arrangements) (Scotland) Order 1994

As Enacted Cited authorities 21 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1994/3255
Year1994

1994 No. 3255 (S.183)

LOCAL GOVERNMENT, SCOTLAND

REPRESENTATION OF THE PEOPLE

The Local Government (Transitional Election Arrangements) (Scotland) Order 1994

Made 13th December 1994

Laid before Parliament 16th December 1994

Coming into force 6th January 1995

The Secretary of State, in exercise of the powers conferred on him by section 181(1) and (2) of the Local Government etc. (Scotland) Act 19941, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and effect

Citation, commencement and effect

S-1 This Order may be cited as the Local Government (Transitional...

1. This Order may be cited as the Local Government (Transitional Election Arrangements) (Scotland) Order 1994, shall come into force on 6th January 1995 and shall cease to have effect on 1st April 1996.

S-2 In this Order— “the 1973 Act ” means the Local Government...

2. In this Order—

“the 1973 Act” means the Local Government (Scotland) Act 19732;

“the 1983 Act” means the Representation of the People Act 19833;

“the 1986 Regulations” means the Representation of the People (Scotland) Regulations 19864;

“the 1986 Rules” means the Scottish Local Elections Rules 19865;

“the 1994 Act” means the Local Government etc. (Scotland) Act 1994;

“new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the 1994 Act.

Transitional arrangements for elections to new local authorities

Transitional arrangements for elections to new local authorities

S-3 For the purpose of the election of councillors to a new local...

3. For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the provisions specified in Schedule I to this Order shall apply.

S-4 For the purpose of the election of councillors to a new local...

4. For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the 1983 Act shall (subject to section 5(2) of and paragraph 2 of Schedule 2 to the 1994 Act and to the modifications referred to in articles 5, 6 and 7 below) apply and in respect of those provisions of that Act specified in column 1 of Schedule II to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

S-5 For the purpose of the election of councillors to a new local...

5. For the purpose of the election of councillors to a new local authority on 6th April 1995, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule III to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

S-6 For the purpose of any election to fill a casual vacancy in the...

6. For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 6th April 1995 and 1st April 1996, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule IV to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

S-7 For the purpose of any election to fill a casual vacancy in the...

7. For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, in the application of the 1983 Act in terms of articles 4 and 6 above, the modification to section 10 of the 1983 Act specified in Schedule II to this Order, shall be omitted.

S-8 For the purpose of the election of councillors to a new local...

8.—(1) For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 16th February 1996, the provisions of the 1986 Regulations specified in column 1 of Part 1 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.

(2) For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, the provisions of the 1986 Regulations specified in column 1 of Part 2 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.

(3) For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membersh ip of a new local authority taking place between that date and 1st April 1996, the provisions of the 1986 Rules specified in column 1 of Part 3 of Schedule V to this Order shall apply—

(a)

(a) subject, where specified, to the modifications in column 2 of that part of that Schedule; and

(b)

(b) subject to article 9 below.

S-9 For the purpose of the election of councillors to a new local...

9. For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, any reference in the Appendix of Forms to the 1986 Rules (and in Schedule 3 to the 1986 Rules) to the area of a region or a district or to the council or councillors of a region or a district (however expressed) shall be construed as a reference to the area of a new local authority or to the council or councillors of a new local authority, as the case may be.

Transitional arrangements for registers of electors

Transitional arrangements for registers of electors

S-10 Notwithstanding the terms of sections 9(1) and 13(1) of the ...

10. Notwithstanding the terms of sections 9(1) and 13(1) of the 1983 Act and without prejudice to his duty to publish electors lists on or before 28th November 1994 and to determine all claims for registration and objections to any person’s registration, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to publish a register of local government electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1995.

S-11 Notwithstanding the terms of sections 9(1), 10 and 13(1) of the...

11. Notwithstanding the terms of sections 9(1), 10 and 13(1) of the 1983 Act, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to prepare nor publish a register of local gov ernment electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1996.

S-12 For the purpose of regulation 30(2) of the 1986 Regulations ,...

12. For the purpose of regulation 30(2) of the 1986 Regulations, there shall be substituted for the definition of “electoral area” in the application of those Regulations to a registration officer appointed by a regional council under section 8 of the 1983 Act, the following definition:—

““electoral area” means an electoral ward within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994;”.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

13th December 1994

SCHEDULE I

Article 3

SCHEDULE I

SCH-1.1

1. The 1973 Act.

Section 29 as modified by paragraph 3 of Schedule 2 to the 1994 Act (Qualifications for nomination, election and holding office)

Section 31(1), (2) and (3)6(Disqualifications for nomination, election and holding office)

Section 32 (Proceedings for disqualification)

Section 33 (Validity of acts)

Section 33A7(Declaration of acceptance of office)

Section 36 (Casual vacancies)

Section 37(1) and (3) (Filling of casual vacancies).

SCH-1.2

2. The Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 19908.

SCHEDULE II

Article 4

The 1983 Act

Column 1

Column 2

Section 10 (Preparation of registers)

For section 10 there shall be substituted—

“With a view to the preparation of registers, the registration officer shall have regard to any action which he has taken or subsequently takes, with a view to the preparation of the register of parliamentary electors for each constituency or part of a constituency in the area for which he acts and the register of local government electors for the areas of regions and districts or parts of areas of regions and districts included in the area for which he acts, being—

(a) the house to house or other sufficient inquiry he has made;

(b) the electors lists which he has published on or before 28th November 1994 including any alterations which he subsequently makes to those lists; and

(c) all claims for registration and objections to a person’s registration which he determines or has determined.”.

Section 31(2) (Polling districts for local elections)

For section 31(2) there shall be substituted—

“In Scotland, for elections of councillors, the returning officer may divide an electoral ward into polling districts but in the absence of any such division, the polling districts of a ward shall be those which were last designated for the purposes of parliamentary elections under section 18 above.”.

Section 41

After section 41 there shall be inserted—

SCH-2.41A

“41A.—(1) The council of a region shall place at the disposal of the returning officer acting in respect of a local government area situated in the area of that region, for the purpose of assisting the returning officer in the discharge of his functions in that respect, the services of officers employed by that council.

(2) The council of a...

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