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The Local Electoral Administration (Scotland) Act 2011 (Consequential Amendments) Order 2012

S.S.I. 2012/31 · Made 8 February 2012

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.

Representation Of The People

Made 8th February 2012

Coming into force in accordance with article 2

The Scottish Ministers make the following Order in exercise of the powers conferred by section 20(1) of the Local Electoral Administration (Scotland) Act 2011f1 and all other powers enabling them to do so.

In accordance with section 20(3) of the Local Electoral Administration (Scotland) Act 2011, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2011 asp 10.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Amendment of the Representation of the People Act 1983
  4. 4Amendment of the Local Electoral Administration and Registration Services (Scotland) Act 2006
  5. 5Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007
  6. 6Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007
  7. 7Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007
  8. 8Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007
  9. Signature
  10. Explanatory note

1Citation and commencement

This Order may be cited as the Local Electoral Administration (Scotland) Act 2011 (Consequential Amendments) Order 2012.

2Citation and commencement

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

3Amendment of the Representation of the People Act 1983

Section 66(1)(d) (persons subject to the requirement of secrecy) of the Representation of the People Act 1983f1 is repealed.

4Amendment of the Local Electoral Administration and Registration Services (Scotland) Act 2006

Paragraph 2 of schedule 2 to the Local Electoral Administration and Registration Services (Scotland) Act 2006f1 is repealed.

5Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007

The Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007f1 are amended as follows.

6Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007

In regulation 5 (persons entitled to be present at proceedings on issue of postal ballot papers) for “section 8, 9 or 10 of the Local Electoral Administration and Registration Services (Scotland) Act 2006” substitute “sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000f1”.

7Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007

In regulation 6 (persons entitled to be present at proceedings on receipt of postal ballot papers) for “section 8, 9 or 10 of the Local Electoral Administration and Registration Services (Scotland) Act 2006” substitute “sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000”.

8Amendment of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007

In regulation 31(4) (forwarding of documents) for “the Scottish Ministers” substitute “the Electoral Commission”.

Signature

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th February 2012

Explanatory note

(This note is not part of the Order)

This Order makes consequential amendments to the Representation of the People Act 1983 (“the 1983 Act”), the Local Electoral Administration and Registration Services (Scotland) Act 2006 and the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 all in consequence of provisions within the Local Electoral Administration (Scotland) Act 2011 (“the 2011 Act”).

Article 3 repeals section 66(1)(d) of the 1983 Act as the provisions referred to there have themselves been repealed by the 2011 Act. The persons covered by those repealed provisions (observers at Scottish local government elections) are now covered by provisions referred to elsewhere in section 66 of the 1983 Act.

Article 4 repeals paragraph 2 of schedule 2 to the Local Electoral Administration and Registration Services (Scotland) Act 2006, which inserted section 66(1)(d) into the 1983 Act.

Articles 5 to 8 update references in the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 in consequence of the Electoral Commission’s role at Scottish local government elections.