The Scottish Local Government Elections Amendment Order 2012

JurisdictionScotland
CitationSSI 2012/60

2012 No. 60

Representation Of The People

The Scottish Local Government Elections Amendment Order 2012

Made 23th February 2012

Coming into force 24th February 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1), 3A and 16(2) of the Local Governance (Scotland) Act 20041and all other powers enabling them to do so.

In accordance with section 7(2)(j) of the Political Parties, Elections and Referendums Act 20002, they have consulted the Electoral Commission.

In accordance with section 16(5) of the Local Governance (Scotland) Act 20043, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Scottish Local Government Elections Amendment Order 2012 and comes into force on the day after the day on which it is made.

S-2 Amendment of the Scottish Local Government Elections Order 2011

Amendment of the Scottish Local Government Elections Order 2011

2.—(1) The Scottish Local Government Elections Order 20114is amended as follows.

(2) In article 5 (amendments)—

(a)

(a) after paragraph (2)(a), insert—

“(aa)

“(aa) in regulation 8 (notification of the requirement of secrecy), for “section 66(4) and (6) of the Representation of the People Act 1983” substitute “rule 27””; and

(b)

(b) in paragraph (3)(a) for “paragraph (1)” substitute “paragraph (2)”.

(3) In rule 61 of Schedule 1 (publication of voting information)—

(a)

(a) in paragraph (1), for “paragraphs (2) and (4)” substitute “paragraph (2)”;

(b)

(b) in paragraph (2), omit sub-paragraphs (b) to (e);

(c)

(c) after paragraph (2) insert—

S-2A

“2A For the purposes of this rule, all postal ballot papers cast in a ward must be treated as if cast at a further polling station in that ward.”;

(d)

(d) omit paragraphs (4) and (5); and

(e)

(e) in paragraph (7) omit “and the postal ballot information”.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Scottish Local Government Elections Order 2011 (“the principal Order”).

Article 2(2) amends article 5 of the principal Order to insert a further amendment to the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007, in consequence of updated material in the principal Order. It also makes a minor...

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