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The Scottish Local Government Elections Order 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111014639

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 16(5) of the Local Governance (Scotland) Act 2004 for approval by resolution of the Scottish Parliament.

Representation Of The People

Made 2011

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3, 3A and 16 of the Local Governance (Scotland) Act 2004f1 and all other powers enabling them to do so.

In accordance with section 16(5) of that Actf2, a draft of the Order has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2004 (asp 9). Section 3 was amended by section 34(6) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) and section 3A inserted by section 2(1) of the Scottish Local Government (Elections) Act 2007 (asp 10).

f2

Section 16(5) has been modified by paragraph 5 of Schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Local government elections rules
  4. 4Application of Part III of the Representation of the People Act 1983
  5. 5Amendments
  6. 6Revocations and saving provision
  7. Signature
  8. Schedule 1SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
  9. Part I: PROVISIONS AS TO TIME
  10. 1Timetable
  11. 2Computation of time
  12. Part II: STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
  13. Chapter: Notice of election
  14. 3Notice of election
  15. Chapter: Nomination
  16. 4Nomination of candidates
  17. 5Consent to nomination
  18. 6Subscription of nomination paper
  19. 7Decisions as to validity of nomination papers
  20. 8Withdrawal of candidates
  21. 9Nomination in more than one electoral ward
  22. 10Correction of errors in nomination papers
  23. 11Inspection of nomination papers
  24. 12Method of election and notice of uncontested election
  25. Part III: CONTESTED ELECTIONS
  26. Chapter: General provisions
  27. 13Poll to be by ballot
  28. 14The ballot papers
  29. 15Corresponding number list
  30. 16Security marking
  31. 17Prohibition of disclosure of vote
  32. 18Use of schools and public rooms
  33. 19Supply of free copy of register, lists and notices
  34. Chapter: Action to be taken before the poll
  35. 20Notice of poll
  36. 21Postal ballot papers
  37. 22Provision of polling stations
  38. 23Appointment of presiding officers and clerks
  39. 24Issue of official poll cards and notifications
  40. 25Equipment of polling stations
  41. 26Appointment of polling and counting agents
  42. 27Requirement of secrecy
  43. Chapter: The poll
  44. 28Admission to polling station
  45. 29Keeping of order in station
  46. 30Sealing of ballot boxes
  47. 31Questions to be put to voters
  48. 32Challenge of voter
  49. 33Voting procedure
  50. 34Votes marked by presiding officer
  51. 35Voting by persons with disabilities
  52. 36Tendered ballot papers
  53. 37Spoilt ballot papers
  54. 38Correction of errors on day of poll
  55. 39Adjournment of poll in case of riot
  56. 40Procedure on close of poll
  57. Chapter: Counting of votes
  58. 41Attendance at counting of votes
  59. 42Counting of votes
  60. 43The count
  61. 44Rejected ballot papers
  62. 45Decisions on ballot papers
  63. 46First stage
  64. 47The quota
  65. 48Return of councillors
  66. 49Transfer of surplus votes
  67. 50Transfer of surplus votes – supplementary provisions
  68. 51Exclusion of candidates
  69. 52Exclusion of candidates – supplementary provisions
  70. 53Filling of last vacancies
  71. 54Re‑count
  72. 55Counting of votes by means other than electronic counting
  73. 56Declaration of result
  74. Part IV: DISPOSAL OF DOCUMENTS
  75. 57Sealing up of ballot papers
  76. 58Delivery of documents
  77. 59Orders for production of documents
  78. 60Retention of documents
  79. Part V: PUBLICATION OF VOTING INFORMATION
  80. 61Paragraph 61
  81. Part VI: DEATH OF CANDIDATE
  82. 62Independent candidate
  83. 63Deceased independent candidate wins
  84. 64Deceased independent candidate with equality of votes
  85. 65Party candidate
  86. 66Abandoned poll
  87. VIIFORMS FOR USE AT SCOTTISH LOCAL GOVERNMENT ELECTIONS
  88. FORM 4
  89. (back of form)
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. REMINDER
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. Back of card
  105. LOCAL GOVERNMENT ELECTION
  106. ISSUED BY THE RETURNING OFFICER
  107. Back of card
  108. LOCAL GOVERNMENT ELECTION
  109. It is an offence to vote using a ballot paper that was not addressed to you
  110. ISSUED BY THE RETURNING OFFICER
  111. Schedule 2: MODIFICATIONS TO THE LOCAL GOVERNMENT ELECTIONS RULES IN SCHEDULE1 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION UNDER SECTION15(1) OR(2) OF THE REPRESENTATION OF THE PEOPLE ACT 1985
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. 11Paragraph 11
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. 17Paragraph 17
  129. 18Paragraph 18
  130. 19Paragraph 19
  131. 20Paragraph 20
  132. 21Paragraph 21
  133. 22Paragraph 22
  134. 23Paragraph 23
  135. 24Paragraph 24
  136. Schedule 3FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2
  137. Schedule 4: FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH22 OF SCHEDULE2
  138. POSTAL VOTING STATEMENT FOR A POSTAL VOTE AT PARLIAMENTARY OR EUROPEAN PARLIAMENTARY ELECTION WHICH IS TAKEN WITH THE LOCAL GOVERNMENT ELECTION AND THE PROCEEDINGS ON THE ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS IN RESPECT OF EACH ELECTION ARE TAKEN TOGETHER
  139. 1Paragraph 1
  140. 2Paragraph 2
  141. 3Paragraph 3
  142. 4Paragraph 4
  143. 5Paragraph 5
  144. 6Paragraph 6
  145. 7Paragraph 7
  146. 8Paragraph 8
  147. 9Paragraph 9
  148. 10Paragraph 10
  149. 11Paragraph 11
  150. REMINDER
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. Explanatory note