The Scottish Local Government Elections Amendment (No. 2) Order 2016

Draft Order laid before the Scottish Parliament under section 16(5) of the Local Governance (Scotland) Act 2004, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2016 No.  

Representation Of The People

The Scottish Local Government Elections Amendment (No. 2) Order 2016

Made

2016

Coming into force

2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1) and 16(2) and (3) of the Local Governance (Scotland) Act 2004(1) and all other powers enabling them to do so.

In accordance with section 7(1) and (2)(j) of the Political Parties, Elections and Referendums Act 2000(2), they have consulted the Electoral Commission.

In accordance with section 16(5) of the Local Governance (Scotland) Act 2004, a draft of the Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and transitional provision

1.—(1) This Order may be cited as the Scottish Local Government Elections Amendment (No. 2) Order 2016 and comes into force on the day after the day on which it is made.

(2) The amendments made by this Order do not apply in relation to an election for which the date of poll is before 4th May 2017.

Amendment of the Scottish Local Government Elections Order 2011

2.  The Scottish Local Government Elections Order 2011(3) is amended as follows.

3.  In schedule 1 (Scottish local government election rules)—

(a) in rule 25 (equipment of polling stations)—

(i) in paragraph (4), omit the words after “outside every polling station”; and

(ii) after paragraph (4), insert—

“(4A) A notice in the form set out in Form 13A, or a form to the like effect, giving directions for the guidance of voters in voting, shall be exhibited in every compartment of every polling station.”;

(b) in rule 43 (the count)—

(i) in paragraph (1)(b), omit “if required to do so by a candidate or an election agent,”;

(ii) in paragraph (5), for the words from “Where under” to “do so” substitute “The returning officer shall verify each ballot paper account”; and

(iii) in paragraph (5), for “, which any election agent may copy” substitute “and shall, on request, supply a copy of that statement to any election agent”;

(c) in rule 44 (rejected ballot papers), in paragraph (1)(a) after “electronic” insert “or other”; and

(d) in Part VII (forms for use at Scottish local government elections)—

(i) for Forms 1 and 8 to 12, substitute the equivalently numbered forms which are set out in the schedule of this order;

(ii) for Form 13, substitute the forms numbered 13 and 13A which are set out in that schedule; and

(iii) for Forms 14 and 15, substitute the equivalently numbered forms which are set out in that schedule.

4.  In schedule 2 (modifications where poll at local government election is taken together with poll at another election), omit paragraph 22.

5.  Omit schedule 4 (form of postal voting statement).

Amendment of the Representation of the People Act 1983

6.  After subsection (5) of section 76 (limitation of election expenses) of the Representation of the People Act 1983(4), insert—

“(5A) The maximum amount mentioned above for a candidate at a local government election in Scotland is not required to cover—

(a) the candidate’s personal expenses;

(b) expenses that are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.”.

Revocation

7.  In the Scottish Local Government Elections Amendment Order 2016(5), in article 2 (amendment of the Scottish Local Government Elections Order 2011) omit—

(a) paragraph (f); and

(b) the word “and” immediately before it.

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Article 3(d)

SCHEDULE Forms to be substituted

EXPLANATORY NOTE

(This note is not part of the Order)

Articles 3 to 5 of this Order make various amendments to the Scottish Local Government Elections Order 2011.

Article 6 inserts into section 76 of the Representation of the People Act 1983 a new subsection (5A) so that certain personal expenses of a candidate at a local government election do not require to be included for the purposes of the maximum amount specified in that section.

The changes made by this Order apply in relation to the local government elections due to be held on 4th May 2017 and subsequent elections.

(1)

2004 asp 9. Section 3 was amended by section 34(6) of the Local Electoral Administration and Registration Service (Scotland) Act 2006 (asp 14).

(2)

2000 c.41. Section 7(2)(j) was added by section 12 of the Local Electoral Administration (Scotland) Act 2011 (asp 10).

(3)

S.S.I. 2011/399, amended by S.S.I. 2012/60, S.S.I. 2012/342 and S.S.I. 2016/7.

(4)

1983 c.2.

(5)

S.S.I. 2016/7.