OpenLegislation

Rule 4 Nomination of candidatesI1

Scotland

(1)

Each candidate shall be nominated by a separate nomination paper, in the form set out in Form 2, or a form to the like effect, delivered at the place fixed for the purpose by the returning officer.

(2)

The nomination paper shall state the full name of the candidate (with the surname first) F1....

(3)

If a candidate commonly uses a surname or forename in addition to or instead of any other surname or forename the candidate has, the nomination paper may state the commonly used surname or forename in addition to or instead of the other name, as the case may be.

(4)

The particulars of a candidate given in a nomination paper may, if desired, include a description in addition to the particulars required by paragraphs (2) and (3); but the description (if any) must consist of either—

(a)

a description which is authorised as mentioned in paragraphs (5), (6) or (7); or

(b)

the word “Independent”.

(5)

A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the local government area and the description is authorised by a certificate—

(a)

issued by or on behalf of the registered nominating officer of the party; and

(b)

received by the returning officer at some time during the period for delivery of nomination papers set out in the timetable in rule 1.

(6)

An authorised description may be either—

(a)

the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000f1; or

(b)

a description of the party registered under section 28Af2 of that Act.

(7)

A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the local government area and the description is a registered description authorised by a certificate—

(a)

issued by or on behalf of the registered nominating officer of each of the parties; and

(b)

received by the returning officer at some time during the period for delivery of nomination papers set out in the timetable in rule 1.

(8)

For the purposes of paragraph (7), a description is a registered description if it is a description registered for the use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

(9)

For the purposes of the application of this rule in relation to an election—

(a)

“registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election; and

(b)

a registered political party is a qualifying party in relation to a local government area if the party was on the relevant day registered in respect of Scotland in the Great Britain register mentioned under that Part of that Act.

F2(10)

The nomination paper must be accompanied by a form (in these rules referred to as a “home address form”), which states—

(a)

the candidate’s—

(i)

full name,

(ii)

home address in full, and

(iii)

qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (12), qualifying addresses,

(b)

which of the qualifications mentioned in paragraph (12) the qualifying address or qualifying addresses stated relate to,

(c)

the witness’s—

(i)

full name,

(ii)

home address in full.

(11)

The home address form—

(a)

may contain a statement made and signed by the candidate that they require their home address to be made public and,

(b)

if it does not do so, it must—

(i)

where the candidate’s home address is in the United Kingdom, state F3which of the relevant areas under rule 4(12) the candidate wants to be made public,

(ii)

where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(12)

In this rule—

  • “witness” means the person who witnesses the candidate’s signature in accordance with rule 6(1),

  • “qualifying address” means—

    1. (a)

      where the candidate has selected option (a) on the Nomination Paper, the address in full in respect of which the candidate is so registered as a local government elector,

    2. (b)

      where the candidate has selected option (b) on the Nomination Paper, a description and the address of that land or premises which the candidate has occupied as owner or tenant,

    3. (c)

      where the candidate has selected option (c) on the Nomination Paper, the address of that place of work,

    4. (d)

      where the candidate has selected option (d) on the Nomination Paper, the address or addresses in full where the candidate has so resided.

  • “relevant area” means—

    1. (a)

      in relation to a home address in ScotlandF4—

      1. (i)

        the electoral ward, or

      2. (ii)

        the local government area in which the address is situated,

    2. (b)

      in relation to a home address in Northern Ireland, the local government district in which the address is situated,

    3. (c)

      in relation to a home address in England—

      1. (i)

        if the address is within a district for which there is a district council, that district,

      2. (ii)

        if the address is within a county in which there are no districts with councils, that county,

      3. (iii)

        if the address is within a London borough, that London borough,

      4. (iv)

        if the address is within the City of London (including the Inner and Middle Temples), the City of London, and

      5. (v)

        if the address is within the Isles of Scilly, the Isles of Scilly.

    4. (d)

      in relation to a home address in Wales—

      1. (i)

        if the address is within a county, that county,

      2. (ii)

        if the address is within a county borough, that county borough.

Annotations

Textual amendments

F1

Words in sch. 1 rule 4(2) omitted (9.9.2020) by virtue of The Scottish Local Government Elections Amendment Order 2020 (S.S.I. 2020/239), arts. 1(1), 3(a) (with art. 1(2))

F2

Sch. 1 rule 4(10)-(12) inserted (9.9.2020) by The Scottish Local Government Elections Amendment Order 2020 (S.S.I. 2020/239), arts. 1(1), 3(b) (with art. 1(2))

F3

Words in sch. 1 rule 4(11)(b)(i) substituted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 36(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

F4

Words in sch. 1 rule 4(12) inserted (1.10.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 36(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

Commencement

I1

Sch. 1 rule 4 in force at 10.11.2011 except for the purposes of any election to be held on or before 2.5.2012, see art. 1(1)

Footnotes

f1

2000 c.41.

f2

Section 28A and 28B were added by section 49 of the Electoral Administration Act 2006 (c.22).

Notes on Schedule 1

Modifications

C1

Sch. 1 modified (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), art. 1(1), sch. 5 Pt. 3 (with art. 1(2))