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Scottish Local Government (Elections) Act 2002

Consolidated Text As Enacted Cited authorities 29 Cited in Amendments 21 Related
Vincent
JurisdictionScotland
Citation2002 asp 1
Year2002
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    • (1) In the Representation of the People Act 1983 (c.2) (“the 1983 Act”) , after section 43(1A) there is inserted—
    • “(1B) Despite subsection (1) above—
    • (a) if the poll at an ordinary general election is, under section 2(5) of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which enables the advancement or postponement, for up to a month, of the date of the poll at such an election) , to be held on the day proposed by the Presiding Officer for the purposes of that provision; or
    • (b) if an extraordinary general election is, under section 3(2) of that Act (which enables the holding of such an election) , to be held on a day occurring within the relevant period,
      • the Scottish Ministers may, by order, provide that the poll at the ordinary local election to be held that year shall be held on that day;
    if the poll at an ordinary general election is, under section 2(5) of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which enables the advancement or postponement, for up to a month, of the date of the poll at such an election) , to be held on the day proposed by the Presiding Officer for the purposes of that provision; orif an extraordinary general election is, under section 3(2) of that Act (which enables the holding of such an election) , to be held on a day occurring within the relevant period,In subsection (1B) above—
    • “extraordinary general election” means a general election for membership of the Scottish Parliament held under section 3 of the 1998 Act;
    • “ordinary general election” means a general election for membership of the Scottish Parliament held under section 2 of the 1998 Act;
    • “ordinary local election” means an ordinary election of councillors for local government areas in Scotland held in accordance with section 5 of the 1994 Act and this Act;
    • “relevant period” means the period beginning with 11th March in a year in which an ordinary local election falls to be held and ending with the day which immediately precedes the first Thursday in May in that year,
    and references to the time when a local election falls or does not fall to be held are to be construed in accordance with section 5(3) of the 1994 Act.    An order under subsection (1B) above shall be made by statutory instrument.(2) In section 43(2) (b) of the 1983 Act (which, amongst other things, postpones the poll for a local government election which would otherwise take place on a public holiday) , after “subsection (1) ” there is inserted “ or (1B) ”.an election to fill the vacancy shall, notwithstanding section 37(2) of the Local Government (Scotland) Act 1973 (c.65) (“the 1973 Act”) (which provides that a casual vacancy occurring within six months of the next ordinary local government election is not to be filled until that election) , be held within three months of the date on which this Act comes into force, and the day on which the poll is to be held at the election shall be fixed by the returning officer; andsection 37(1) of the 1973 Act (filling of vacancies occurring in the office of councillor) shall not apply in relation to that vacancy.after “the”, where first occurring, there is inserted “ relevant ”; andthe words “of the next ordinary election” are repealed.(3) After section 37(2) of the 1973 Act there is inserted—
    • “(2A) For the purposes of subsection (2) above, the “relevant date” is—
    • (a) the first Thursday in May in the year in which the next ordinary election is to be held; or
    • (b) where, by virtue of subsection (1) (b) of section 43 of the Representation of the People Act 1983 (c.2) , the poll at that election is to be held on another day, that other day.
    the first Thursday in May in the year in which the next ordinary election is to be held; orwhere, by virtue of subsection (1) (b) of section 43 of the Representation of the People Act 1983 (c.2) , the poll at that election is to be held on another day, that other day.(1) In subsection (3) of section 4 of the 1994 Act (which provides as to the duration of the terms of office of conveners and deputy conveners of councils) , after “beyond” there is inserted “ the day on which the poll is held at ”.(2) In subsection (4) of section 5 of the 1994 Act (which provides for the retiral of councillors on the day of ordinary elections) , for “of” there is substituted “ on which the poll is held at ”.in subsection (1) , for “day of” there is substituted “ day on which the poll is held at an ”;in subsection (2) , for “(Scotland) Act 1973” there is substituted “ etc. (Scotland) Act 1994 ”;after “Where” there is inserted “ the day on which the poll is held at ”;for “election” where secondly occurring, there is substituted “ poll ”; andfor “1973” there is substituted “ 1994 ”.(4) In paragraph (d) of section 36 of the 1973 Act, for “date of” there is substituted “ day on which the poll was held at ”.(5) In subsection (1) of section 37 of the 1973 Act, for “day of” there is substituted “ day on which the poll is to be held at the ”.by paragraphs (a) and (c) (i) and (ii) of subsection (3) , and subsections (4) and (5) , above are to be treated as always having had effect;by paragraphs (b) and (c) (iii) of subsection (3) above are to be treated as having had effect since the coming into force of section 5 (elections and terms of office of councillors) of the 1994 Act.a local authority submit to the Scottish Ministers a proposal that a scheme under this section should apply to particular local government elections held in the authority’s area; andwithout modification; orwith such modifications as the Scottish Ministers consider appropriate,when and where voting at the elections is to take place;the method used to cast votes;how the votes cast are to be counted;the sending by candidates of election communications free of charge for postage; orfor any other matter which relates to action to be taken, or procedure to be carried out, before or during the poll which is to be held at the election.facilitate voting by any persons or any class of persons; orencourage more persons, or more persons of a particular class, to vote at the election.on more than one day (whether each of those days is designated as a day of the poll or otherwise) ;at places other than polling stations;for ballot papers issued at the elections to contain photographs of the candidates;for postal charges incurred in respect of the sending of candidates’ election communications as mentioned in subsection (2) (a)

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