The Business Improvement Districts (Scotland) Regulations 2007

Allocation of voting

This section has no associated Executive Note

10.—(1) This Regulation provides for the allocation of the votes which can be cast, to those persons entitled to vote for the purposes of the first condition to be satisfied for approval by a BID ballot in terms of section 40(3) of the 2006 Act.

(2) The number of votes cast in favour of the BID proposals shall require to exceed the number of votes cast against those proposals, such that X exceeds Y.

(3) For the purposes of this Regulation, “X” is the aggregate of–

(a)the number of relevant properties in respect of which persons voting in the ballot as eligible ratepayers have voted in favour of the BID proposals;

(b)the number of persons voting in the ballot as eligible persons who have voted in favour of the BID proposals; and

(c)the number of persons who–

(i)have voted in the ballot as eligible ratepayers;

(ii)would, had section 39(5)(b) of the 2006 Act been left out of account, have been entitled to vote in the ballot as an eligible person under that subsection in respect of at least one property; and

(iii)have voted in favour of the BID proposals.

(4) For the purposes of this Regulation, “Y” is the aggregate of–

(a)the number of relevant properties in respect of which persons voting in the ballot as eligible ratepayers have voted against the BID proposals;

(b)the number of persons voting in the ballot as eligible persons who have voted against the BID proposals; and

(c)the number of persons who–

(i)have voted in the ballot as eligible ratepayers;

(ii)would, had section 39(5)(b) of the 2006 Act been left out of account, have been entitled to vote in the ballot as an eligible person under that subsection in respect of at least one property; and

(iii)have voted against the BID proposals.