The Scottish Local Government Elections Order 2011

2. Introductory Text

1. Citation, commencement and extent

3. 2. Interpretation

4. 3. Local government elections rules

5. 4. Application of Part III of the Representation of the People Act 1983

6. 5. Amendments

7. 6. Revocations and saving provision

8. Signature

9. 1. SCHEDULE 1

      SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

      1. RULES FOR CONDUCT OF A SCOTTISH LOCAL GOVERNMENT ELECTION WHERE...

      2. PART I PROVISIONS AS TO TIME

         1. 1. Timetable

         2. 2. Computation of time

      3. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

         1. Notice of election

            1. 3. Notice of election

         2. Nomination

            1. 4. Nomination of candidates

            2. 5. Consent to nomination

            3. 6. Subscription of nomination paper

            4. 7. Decisions as to validity of nomination papers

            5. 8. Withdrawal of candidates

            6. 9. Nomination in more than one electoral ward

            7. 10. Correction of errors in nomination papers

            8. 11. Inspection of nomination papers

            9. 12. Method of election and notice of uncontested election

      4. PART III CONTESTED ELECTIONS

         1. General provisions

            1. 13. Poll to be by ballot

            2. 14. The ballot papers

            3. 15. Corresponding number list

            4. 16. Security marking

            5. 17. Prohibition of disclosure of vote

            6. 18. Use of schools and public rooms

            7. 19. Supply of free copy of register, lists and notices

         2. Action to be taken before the poll

            1. 20. Notice of poll

            2. 21. Postal ballot papers

            3. 22. Provision of polling stations

            4. 23. Appointment of presiding officers and clerks

            5. 24. Issue of official poll cards and notifications

            6. 25. Equipment of polling stations

            7. 26. Appointment of polling and counting agents

            8. 27. Requirement of secrecy

         3. The poll

            1. 28. Admission to polling station

            2. 29. Keeping of order in station

            3. 30. Sealing of ballot boxes

            4. 31. Questions to be put to voters

            5. 32. Challenge of voter

            6. 33. Voting procedure

            7. 34. Votes marked by presiding officer

            8. 35. Voting by persons with disabilities

            9. 36. Tendered ballot papers

            10. 37. Spoilt ballot papers

            11. 38. Correction of errors on day of poll

            12. 39. Adjournment of poll in case of riot

            13. 40. Procedure on close of poll

         4. Counting of votes

            1. 41. Attendance at counting of votes

            2. 42. Counting of votes

            3. 43. The count

            4. 44. Rejected ballot papers

            5. 45. Decisions on ballot papers

            6. 46. First stage

            7. 47. The quota

            8. 48. Return of councillors

            9. 49. Transfer of surplus votes

            10. 50. Transfer of surplus votes – supplementary provisions

            11. 51. Exclusion of candidates

            12. 52. Exclusion of candidates – supplementary provisions

            13. 53. Filling of last vacancies

            14. 54. Re‑count

            15. 55. Counting of votes by means other than electronic counting

            16. 56. Declaration of result

      5. PART IV DISPOSAL OF DOCUMENTS

         1. 57. Sealing up of ballot papers

         2. 58. Delivery of documents

         3. 59. Orders for production of documents

         4. 60. Retention of documents

      6. PART V PUBLICATION OF VOTING INFORMATION

         1. 61. (1) In a contested election where the count is conducted...

      7. PART VI DEATH OF CANDIDATE

         1. 62. Independent candidate

         2. 63. Deceased independent candidate wins

         3. 64. Deceased independent candidate with equality of votes

         4. 65. Party candidate

         5. 66. Abandoned poll

      8. PART VII FORMS FOR USE AT SCOTTISH LOCAL GOVERNMENT ELECTIONS

         1. The forms contained in this Part may be adapted so...

         2. FORM 4

         3. (back of form)

            1. 1. On the ballot paper, number the candidates in order of...

            2. 2. Do not put any other marks on the ballot paper....

            3. 3. You must provide [**your signature and] date of birth on...

            4. 4. Put the ballot paper in the envelope marked A and...

            5. 5. If you get more than one ballot paper, by accident,...

            6. 6. Remember, if you have received a postal vote you cannot...

            7. 7. If you make a mistake on the ballot paper you...

            8. 8. If you lose the ballot paper, postal voting statement or...

            9. 9. If you want to apply for a replacement ballot paper...

         4. REMINDER

            1. 1. Have you remembered to [**sign your name and] provide your...

            2. 2. Have you put your ballot paper in the envelope A...

            3. 3. Have you put envelope A together with the postal voting...

            4. 4. You must make sure that you send your postal vote...

         5. Back of card

            1. LOCAL GOVERNMENT ELECTION

               1. *This card is for information only. You can vote without...

               2. * When you go to the polling station, tell the...

               3. Go to one of the compartments. Number the candidates in...

               4. Put no other mark on the ballot paper, or your...

               5. Do not let anyone see your vote. Put the ballot...

               6. If by mistake you spoil a ballot paper, show it...

               7. If you have appointed a proxy to vote in person...

               8. If you have been given a postal vote, you will...

               9. If you need further help, please ring (insert telephone number)....

            2. ISSUED BY THE RETURNING OFFICER

               1. Where a poll card is sent to an anonymous elector,...

               2. You must have this card with you when you vote....

               3. When you go to the polling station, ask to speak...

               4. The presiding officer will confirm your entry on the register....

         6. Back of card

            1. LOCAL GOVERNMENT ELECTION

               1. This card is to give you information about voting by...

               2. When you receive your postal voting pack, please read the...

               3. Mark your vote secretly. If you cannot vote without help,...

               4. You must sign the postal voting statement (unless you have...

               5. If you lose or accidentally spoil your postal ballot papers,...

               6. Complete and return your postal vote as soon as possible....

               7. It is an offence to vote using a ballot paper...

               8. You cannot vote in person at a polling station at...

               9. If you need further help, please call [helpline number].

         7. It is an offence to vote using a ballot paper that was not addressed to you

            1. ISSUED BY THE RETURNING OFFICER

   2. 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

      1. 1. At the end of rule 14(2) (the ballot papers) insert—...

      2. 2. At the end of rule20 (notice of poll) insert—

      3. 3. After rule22(2) insert— (2A) The polling station allotted to electors...

      4. 4. At the end of rule24 (issue of official poll cards...

      5. 5. After rule25(1) (equipment of polling stations) insert—

      6. 6. For rule25(4) (equipment of polling stations) substitute—

      7. 7. After rule26(3) (appointment of polling and counting agents) insert—

      8. 8. In questions 1(a) and (b) and question 4 of rule31(3)...

      9. 9. At the end of rule 33 (voting procedure) insert—

      10. 10. After rule34(3) (votes marked by presiding officer) insert—

      11. 11. After rule35(6) (voting by persons with disabilities) insert—

      12. 12. At the end of rule36(7) (tendered ballot papers) insert— and...

      13. 13. At the end of rule39(1) (adjournment of poll in case...

      14. 14. After rule40(1) (procedure on close of poll) insert—

      15. 15. For rule41(1) (attendance at counting of votes) substitute—

      16. 16. In rule41(2) before “at the counting of the votes” there...

      17. 17. In rule41(3) before the words “counting of the votes” in...

      18. 18. For rule43(1) (the count) substitute— (1) Where the returning officer...

      19. 19. At the end of rule58 (delivery of documents) insert— and...

      20. 20. In rule62 (countermand or abandonment of poll on death of...

      21. 21. In Schedule 1, for Form6 (the Corresponding Number List), substitute...

      22. 22. In Schedule1, for Form8 (the postal voting statement) substitute the...

      23. 23. In Schedule1, for Form13 (the form of directions for the...

      24. 24. In Schedule1, in Form15 (the form of declaration to be...

   3. SCHEDULE 3

      FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2

   4. SCHEDULE 4

      FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH 22 OF SCHEDULE 2

      1. 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

         1. 1. On the [colour] (Parliamentary Election)/(European Parliamentary Election)* ballot paper(s), mark...

         2. 2. On the [colour] ballot paper for the local government election...

         3. 3. Do not put any other marks on the ballot paper....

         4. 4. Complete your ballot papers in secret. If you need someone...

         5. 5. You must provide [**your signature and] date of birth on...

         6. 6. Put the ballot papers in the envelope marked A and...

         7. 7. If you get more than one ballot paper of the...

         8. 8. Remember, as you have received a postal vote you cannot...

         9. 9. If you make a mistake on the ballot paper you...

         10. 10. If you lose the ballot paper, postal voting statement or...

         11. 11. If you want to apply for a replacement ballot paper...

      2. REMINDER

         1. 1. Have you remembered to [**sign your name and] provide your...

         2. 2. Have you put your ballot paper in the envelope A...

         3. 3. Have you put envelope A together with the postal voting...

         4. 4. You must make sure then that you send your postal...

10. Explanatory Note