The Scottish Local Elections Amendment (No.2) Rules 1999

JurisdictionUK Non-devolved
CitationSI 1999/492
Year1999

1999 No. 492 (S. 34)

REPRESENTATION OF THE PEOPLE

The Scottish Local Elections Amendment (No.2) Rules 1999

Made 1st March 1999

Laid before Parliament 2nd March 1999

Coming into force

The Secretary of State, in exercise of the powers conferred upon him by section 42 of the Representation of the People Act 19831, and of all other powers enabling him in that behalf, hereby makes the following Rules:

S-1 Citation commencement and extent

Citation commencement and extent

1.—(1) These Rules may be cited as the Scottish Local Elections Amendment (No.2) Rules 1999.

(2) Rules 1 to 3 of these Rules shall come into force on 24th March 1999 except for the purposes of any election the notice of which is published before that date.

(3) Rule 4 of these Rules shall come into force on 24th March 1999.

(4) These Rules shall extend to Scotland only.

S-2 Application

Application

2. Rule 3(8)(b) shall not apply in any case in which the poll at a local government election is taken with the poll at a Scottish Parliamentary election under article 13 of the Scottish Parliament (Elections etc.) Order 19992.

S-3 Amendment of the Scottish Local Elections Rules 1986

Amendment of the Scottish Local Elections Rules 1986

3.—(1) The rules in Schedule 2 to the Scottish Local Elections Rules 19863shall be amended as follows.

(2) After rule 4 there shall be inserted the following rule:–

S-4A

Nomination papers: name of registered political party

4A.—(1) A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the description is authorised by a certificate–

(a)

(a) issued by or on behalf of the registered nominating officer of the party, and

(b)

(b) received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.

(2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered political party’s nominating officer.

(3) In the application of this rule in relation to an election “registered political party” means a party which was registered under the Registration of Political Parties Act 19984at the time by which the notice of election is required to be published by virtue of rule 1.”.

(3) At the beginning of rule 7(3) there shall be inserted the words “Subject to paragraph (3A)”.

(4) After rule 7(3) there shall be inserted the following rule:–

S-3A

“3A If in the returning officer’s opinion a nomination paper breaks rule 4A(1), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers set out in the Table in rule 1.”.

(5) In rule 7(4) for the words “Where he” there shall be substituted the words “Where the returning officer”.

(6) After rule 13(2) there shall be inserted the following rule:–

S-2A

“2A If a candidate who is the subject of a party’s...

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