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The Scottish Local Government Elections Order 2011

S.S.I. 2011/399 · Made 10 November 2011 · Extends to Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2025.

See the changes not yet applied
ProvisionChangeMade by
sch. 1 Pt. 5 rule 61(2A)substitutedScottish Local Government Elections (Election Agents, Expenses and Publication of Information) 2026 art. 3(a)
sch. 1 Pt. 5 rule 61(6A)insertedScottish Local Government Elections (Election Agents, Expenses and Publication of Information) 2026 art. 3(b)

Representation Of The People

Made 10th November 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 2009 (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. 11AInspection of home address forms
  25. 12Method of election and notice of uncontested election
  26. Part III: CONTESTED ELECTIONS
  27. Chapter: General provisions
  28. 13Poll to be by ballot
  29. 14The ballot papers
  30. 15Corresponding number list
  31. 16Security marking
  32. 17Prohibition of disclosure of vote
  33. 18Use of schools and public rooms
  34. 19Supply of free copy of register, lists and notices
  35. Chapter: Action to be taken before the poll
  36. 20Notice of poll
  37. 21Postal ballot papers
  38. 22Provision of polling stations
  39. 23Appointment of presiding officers and clerks
  40. 24Issue of official poll cards and notifications
  41. 25Equipment of polling stations
  42. 26Appointment of polling and counting agents
  43. 27Requirement of secrecy
  44. Chapter: The poll
  45. 28Admission to polling station
  46. 29Keeping of order in station
  47. 30Sealing of ballot boxes
  48. 31Questions to be put to voters
  49. 32Challenge of voter
  50. 33Voting procedure
  51. 34Votes marked by presiding officer
  52. 35Voting by persons with disabilities
  53. 36Tendered ballot papers
  54. 37Spoilt ballot papers
  55. 38Correction of errors on day of poll
  56. 39Adjournment of poll in case of riot
  57. 40Procedure on close of poll
  58. Chapter: Counting of votes
  59. 41Attendance at counting of votes
  60. 42Counting of votes
  61. 43The count
  62. 44Rejected ballot papers
  63. 45Decisions on ballot papers
  64. 46First stage
  65. 47The quota
  66. 48Return of councillors
  67. 49Transfer of surplus votes
  68. 50Transfer of surplus votes – supplementary provisions
  69. 51Exclusion of candidates
  70. 52Exclusion of candidates – supplementary provisions
  71. 53Filling of last vacancies
  72. 54Re‑count
  73. 55Counting of votes by means other than electronic counting
  74. 56Declaration of result
  75. Part IV: DISPOSAL OF DOCUMENTS
  76. 57Sealing up of ballot papers
  77. 58Delivery of documents
  78. 59Orders for production of documents
  79. 60Retention of documents
  80. 60ADestruction of home address forms
  81. Part V: PUBLICATION OF VOTING INFORMATION
  82. 61Rule 61
  83. Part VI: DEATH OF CANDIDATE
  84. 62Independent candidate
  85. 63Deceased independent candidate wins
  86. 64Deceased independent candidate with equality of votes
  87. 65Party candidate
  88. 66Abandoned poll
  89. VIIFORMS FOR USE AT SCOTTISH LOCAL GOVERNMENT ELECTIONS
  90. Schedule 2: MODIFICATIONS TO THE LOCAL GOVERNMENT ELECTIONS RULES IN SCHEDULE 1 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION UNDER SECTION 15(1) OR (2) OF THE REPRESENTATION OF THE PEOPLE ACT 1985
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. 11Paragraph 11
  102. 12Paragraph 12
  103. 13Paragraph 13
  104. 14Paragraph 14
  105. 15Paragraph 15
  106. 16Paragraph 16
  107. 17Paragraph 17
  108. 18Paragraph 18
  109. 19Paragraph 19
  110. 20Paragraph 20
  111. 21Paragraph 21
  112. 22Paragraph 22 Repealed
  113. 23Paragraph 23
  114. 24Paragraph 24
  115. Schedule 3FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2
  116. Schedule 4: FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH 22 OF SCHEDULE 2 Repealed
  117. 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 Repealed
  118. 1Paragraph 1 Repealed
  119. 2Paragraph 2 Repealed
  120. 3Paragraph 3 Repealed
  121. 4Paragraph 4 Repealed
  122. 5Paragraph 5 Repealed
  123. 6Paragraph 6 Repealed
  124. 7Paragraph 7 Repealed
  125. 8Paragraph 8 Repealed
  126. 9Paragraph 9 Repealed
  127. 10Paragraph 10 Repealed
  128. 11Paragraph 11 Repealed
  129. REMINDER Repealed
  130. 1Paragraph 1 Repealed
  131. 2Paragraph 2 Repealed
  132. 3Paragraph 3 Repealed
  133. 4Paragraph 4 Repealed
  134. Explanatory note