Regulation 48 Declaration of resultI1

Scotland

(1)

In a contested election, when the result of the count has been ascertained, the returning officer must as soon as is reasonably practicable—

(a)

declare the number of votes obtained by each candidate (including any reallocated in accordance with regulation 42), in alphabetical order of the candidates’ surnames;

(b)

declare which is the candidate who is elected;

(c)

declare the stage at which each eliminated candidate was eliminated and the stage at which the elected candidate was elected;

(d)

give notice of the name of the candidate elected to the registration officer; and

(e)

give public notice of the name of the elected candidate, the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, the number of votes allocated to each candidate in accordance with electors’ first preferences and for each subsequent stage of counting—

(i)

the name of the eliminated candidate;

(ii)

the number of votes reallocated to each of the remaining candidates; and

(iii)

the number of votes of the candidates eliminated at the previous stage that were not reallocated.

F1(1A)

The returning officer must—

(a)

record in writing the declaration made under paragraph (1)(a); and

(b)

as soon as reasonably practicable after making that record, give a copy of it to the registration officer.

(1B)

Once public notice of the information in sub-paragraph (1)(e) has been given, the returning officer must as soon as reasonably practicable procure the destruction of any electronic data or other records retained under regulation 50(3) in a manner which ensures that their confidentiality is preserved.

(2)

Where notice of an uncontested election has been given under regulation 18, the returning officer must—

(a)

not later than 11.00 a.m. on the day of the count declare to be elected the validly nominated candidate referred to in the notice of uncontested election;

(b)

give notice of the name of that candidate to the registration officer; and

(c)

give public notice of the name of such person.

(3)

Where the day of the count is a non-business day, the declaration under paragraph (2)(a) is to take place on the next day which is not a non-business day.

Annotations

Textual amendments

F1: Reg. 48(1A)(1B) inserted (16.12.2016) by The Crofting Commission (Elections) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/424), regs. 1, 7

Commencement

I1: Reg. 48 in force at 22.12.2011, see reg. 1