Section 43B Power of returning officers to postpone election for their areaF1F2
Scotland
Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.
Before fixing a day under subsection (1), the returning officer must consult—
the Secretary of State,
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the day fixed for the holding of the poll, and
the reasons for the exercise of the power.
Where a day for the holding of the poll at the ordinary local election is—
specified by order under section 43(1)(b), (1AB) or (1B), or
fixed by the convener of the Electoral Management Board for Scotland under section 43A(1),
subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.
Annotations
Textual amendments
- F1
S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
- F2
S. 43B inserted (S.) (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 33(2), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)
- C2
Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)
- C3
Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)
- C4
Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)
- C5
Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)
- C6
Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)
- C7
Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)
- C8
Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)
- C9
Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)
- C10
Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)