Search Legislation

Local Governance (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

3Power to make further provision about local government elections

This section has no associated Explanatory Notes

(1)The Scottish Ministers must by order make provision as to—

(a)the conduct of elections of councillors,

(b)the questioning of such an election and the consequences of irregularities.

(2)Such an order must, in particular—

(a)specify the manner in which the number of votes which will secure the return of a candidate as a councillor is to be calculated,

(b)provide for any candidate with a number of votes which equals or exceeds the number so calculated to be deemed to be elected as a councillor,

(c)make provision as to circumstances in which one or more of the candidates is to be excluded from the election on the basis of the number of votes then credited to those candidates,

(d)make provision as to the transfer of ballot papers from candidates deemed to be elected as councillors or excluded from the election,

(e)specify the value, or the method for calculating the value, to be given to a vote on a transferred ballot paper.

(3)Such an order may, in particular—

(a)make provision about the limitation of the election expenses of candidates,

(b)apply, with or without modifications or exceptions, any provision made by or under any enactment.

(4)Provision made by such an order by virtue of subsection (1)(b) must include provision applying Part III of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (with such modifications or exceptions as the order may specify).

(5)The return of a councillor may be questioned only under Part III of the 1983 Act as applied by an order under subsection (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources