{
  "url": "https://openlegislation.uk/local-government-scotland-act-1973/section-37A",
  "json_url": "https://openlegislation.uk/local-government-scotland-act-1973/section-37A.json",
  "legislation": "ukpga/1973/65",
  "legislation_title": "Local Government (Scotland) Act 1973",
  "legislation_url": "https://openlegislation.uk/local-government-scotland-act-1973",
  "path": "section/37A",
  "kind": "section",
  "number": "37A",
  "heading": "Power of returning officer to postpone election for casual vacancy",
  "text": "(1) This section applies where—\n(a) a casual vacancy occurs in the office of councillor,\n(b) the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and\n(c) the date fixed does not fall within the period of 6 months before the relevant date.\n(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).\n(3) Subsection (4) applies where—\n(a) the returning officer fixes a date under subsection (2), and\n(b) the date fixed does not fall within the period of 6 months before the relevant date.\n(4) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).\n(5) Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—\n(a) the Electoral Commission, and\n(b) the convener of the Electoral Management Board for Scotland.\n(6) As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—\n(a) the date fixed for the holding of the poll, and\n(b) the reasons for the exercise of the power.\n(7) For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 37A-37C inserted (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 34(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1973/65/section/37A",
    "retrieved_at": "2026-10-29T10:46:26.996319+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}