The Scottish Local Government Elections Amendment Order 2022

JurisdictionScotland
CitationSSI 2022/38
Year2022

2022 No. 38

Representation Of The People

The Scottish Local Government Elections Amendment Order 2022

Made 1st February 2022

Coming into force 2nd February 2022

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

In accordance with section 16(5) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 7(1) and (2)(j) of the Political Parties, Elections and Referendums Act 20003, the Scottish Ministers have consulted the Electoral Commission.

S-1 Citation, commencement and transitional provision

Citation, commencement and transitional provision

1.—(1) This Order may be cited as the Scottish Local Government Elections Amendment Order 2022.

(2) This Order comes into force on the day after the day on which it is made.

(3) The amendments made by this Order do not apply in relation to an election for which the date of poll is on or before 4 May 2022.

S-2 Amendment of the Representation of the People Act 1983

Amendment of the Representation of the People Act 1983

2.—(1) The Representation of the People Act 19834is amended in accordance with this article.

(2) After section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission)5, insert—

S-87B

Scottish local government elections: duty of appropriate officer to forward returns and declarations to Electoral Commission

87B. Where the appropriate officer receives any return or declaration under section 75A, 81 or 82 in respect of a local government election in Scotland, the appropriate officer must, if so requested by the Electoral Commission, deliver to the Commission a copy of—

(a) the return or declaration, and

(b) any accompanying documents.

S-3 Amendment of the Political Parties, Elections and Referendums Act 2000

Amendment of the Political Parties, Elections and Referendums Act 2000

3.—(1) Section 145 (duties of the Commission with respect to compliance etc.) of the Political Parties, Elections and Referendums Act 20006is amended in accordance with this article.

(2) Subsections (2), (4), (5) and (6) are repealed.

(3) In subsection (3), for “For the purposes of subsection (2)” substitute “In relation to local government elections in Scotland”.

S-4 Amendment of the Scottish Local Government Elections Order 2011

Amendment of the Scottish Local Government Elections Order 2011

4. In schedule 1 of the Scottish Local Government Elections Order 20117(Scottish local government elections rules), in rule 24(1) (issue of official poll cards and notifications), for “notice of poll” substitute...

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