Article 2 Amendment of the Representation of the People Act 1983

(1)

The Representation of the People Act 1983^f1 is amended as follows.

(2)

In section 67 (appointment of election agent)—

(a)

in subsection (6)^f2 for “, unless subsection (6ZA) applies” substitute “(but see subsections (6ZA) and (6ZB))”,

(b)

for subsections (6ZA) and (6ZB)^f3 substitute—

“(6ZA)

Subsection (6ZB) applies where a declaration under subsection (1) or (4) in relation to an election agent of a candidate at a local government election in Scotland is accompanied by—

(a)

an address (a “correspondence address”) in the United Kingdom that may be used for correspondence with the election agent, and

(b)

a request that a public notice under subsection (6) in relation to the declaration includes the correspondence address instead of the address stated in the declaration.

(6ZB)

In such a case—

(a)

the address stated in the declaration must not be included in the public notice, and

(b)

the correspondence address must be included in the public notice.”.

(3)

In section 70 (effect of default in election agent’s appointment) for subsection (5) substitute—

“(5)

Where in a local government election in Scotland a candidate is by virtue of this section to be treated as the candidate’s own election agent, the candidate’s office is deemed to be—

(a)

where the candidate has given a correspondence address in accordance with rule 4(11B) of schedule 1 of the Scottish Local Government Elections Order 2011^f4, at that address, or

(b)

otherwise, at the address given under rule 4(10)(a)(ii) of that schedule.”.

(4)

In section 76 (limitation of election expenses)—

(a)

in subsection (2)(b)(ii)^f5—

(i)

for “£806” substitute “£940”, and

(ii)

for “7p” substitute “8p”,

(b)

in subsection (5A)(d)^f6, for “in providing for the protection of persons or property at rallies or other public events” substitute “that are reasonably attributable to the protection of persons or property”,

(c)

in subsection (6), after “poll” insert “, other than a poll for a local government election in Scotland,”,

(d)

after subsection (6), insert—

“(6A)

Where a poll for a local government election in Scotland is countermanded or abandoned by reason of a candidate’s death, the maximum amount will, for any of the other candidates who then remain validly nominated, be increased by an amount equal to the amount specified by subsection (2)(b)(ii) for each countermanding or abandonment which occurs.

(7)

Where the date of the poll at an ordinary local election has been postponed under section 43A(1) or 43B(1) of this Act^f7, the maximum amount will have effect in relation to any candidate at that election as if the amount specified in subsection (2)(b)(ii) were increased by one half.

(8)

Where the date of the poll at an election to fill a casual vacancy in the office of councillor has been fixed under section 37A(2) or 37B(2) of the Local Government (Scotland) Act 1973^f8, the maximum amount will have effect in relation to any candidate at that election as if the amount specified in subsection (2)(b)(ii) were increased by one half.

(9)

Where the date of the poll at an election to fill a casual vacancy in the office of councillor has been fixed under section 37A(4) of the Local Government (Scotland) Act 1973, the maximum amount will have effect in relation to any candidate at that election as if the maximum amount specified in subsection (2)(b)(ii) were increased by one half.

(10)

Where more than one of the circumstances described by subsections (6A), (7), (8) or (9) are applicable to a poll, the increases in the maximum amount provided for by the applicable subsections are to apply cumulatively.

(11)

Other than in the circumstances described by subsections (6A) to (9), the maximum amount specified in subsection (2)(b)(ii) for a candidate shall not be affected by a change in the timing of a local government election in Scotland or of any step in the proceedings at such an election.

(12)

For the purposes of this section—

“casual vacancy in the office of councillor” means a casual vacancy in the office of councillor to which section 36 of the Local Government (Scotland) Act 1973^f9 applies,

“ordinary local election” has the meaning given in section 43(1C) of this Act^f10.”.

Annotations

Footnotes

f1: 1983 c. 2.
f2: Subsection (6) was amended by section 38(2)(a) of the Scottish Elections (Representation and Reform) Act 2025 (asp 4).
f3: Subsections (6ZA) and (6ZB) were inserted by section 38(2)(b) of the Scottish Elections (Representation and Reform) Act 2025 (asp 4).
f4: S.S.I. 2011/399 as relevantly amended by S.S.I. 2020/239 and S.S.I. 2026/254.
f5: Section 76(2)(b)(ii) was amended by paragraph 18(2) of schedule 1 (and paragraph 1 of schedule 7) of the Representation of the People Act 2000 (c. 2), S.S.I. 2012/16, S.S.I. 2016/263 and S.S.I. 2021/310.
f6: Subsection (5A) was inserted by S.S.I. 2016/354 and amended by S.S.I. 2021/437.
f7: Sections 43A and 43B were inserted by the sections 32(3) and 33(2) of the Scottish Elections (Representation and Reform) Act 2025 (asp 4).
f8: 1973 c. 65. Sections 37A and 37B were inserted by section 34(2) of the Scottish Elections (Representation and Reform) Act 2025 (asp 4).
f9: Section 36 was amended by S.I. 1996/739, section 29(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) and section 4(4) of the Scottish Local Government (Elections) Act 2002 (asp 1).
f10: Section 43(1C) was inserted by section 2(1) of the Scottish Local Government (Elections) Act 2002 (asp 1).