Local Government (Scotland) Act 1947

Election of Elected District Councillors.

41 Day of election of elected district councillors.

The election of elected district councillors shall take place on the second Tuesday of November in the year nineteen hundred and forty-eight, and subsequent elections of such councillors shall take place on the second Tuesday of November in every third year thereafter.

42 District council elections.

(1) There shall be a separate election of elected district councillors for each electoral division within a district or, where an electoral division is divided into wards, for each ward thereof.

(2) Where a district comprises only one electoral division and that division is not divided into wards, there shall be one election of elected district councillors for the whole district.

43 Division of electoral division into wards.

(1) The number, contents and boundaries of wards into which an electoral division within a district is divided shall, subject to any alteration made by a district council scheme or otherwise under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act.

(2) A district council scheme may—

(a) divide an electoral division into wards and define the contents and boundaries of the wards; or

(b) alter the number or contents and boundaries of wards in an electoral division; or

(c) abolish the division of an electoral division into wards;

and for the purpose of giving effect thereto may determine or alter the number of elected district councillors to be elected for each ward or apportion the existing elected district councillors for an electoral division among the wards thereof, and such a scheme may provide for the determination of any question arising in connection therewith or for doing anything that is considered necessary or proper for giving full effect to the scheme so far as referring to the matters aforesaid:

Provided that a county council shall before preparing a district council scheme making any provision under this subsection consult with the district council of the district concerned.

(3) In dividing an electoral division into wards or altering the number or contents and boundaries of wards in an electoral division or determining or altering the number of district councillors to be elected for each ward or apportioning the existing elected district councillors for an electoral division among the wards under this section, regard shall be had to the number of local government electors and any other circumstances which appear to affect the matter.

44 Electors.

(1) The electors at an election of elected district councillors shall be the persons entitled, by virtue of the provisions of the Representation of the People Acts, to vote at that election.

(2) Every elector may give one vote and no more for any one candidate:

Provided that—

(a) the total number of votes which any person may give shall not exceed the number of elected district councillors to be elected for the electoral division or ward in which he votes; and

(b) a person shall not vote at an election in more than one electoral division within a district or in more than one ward in any electoral division divided into wards.

45 Conduct of election of elected district councillors.

(1) Subject to the provisions of this Act, an election of elected district councillors shall be conducted in accordance with the provisions of the Second Schedule to this Act, and the county council of the county shall make due provision for the election of elected district councillors, and, subject to the provisions of the immediately succeeding section, shall pay the expenses incurred in relation thereto.

(2) References in Part IV of the Second Schedule to this Act to district councillors shall be construed as references to elected district councillors.

(3) A county council may refer to the Secretary of State any question that may arise as to the performance of their duty under Part IV of the Second Schedule to this Act, and the determination of the Secretary of State shall be final.

46 Expenses of election of elected district councillors.

The expenses incurred in relation to the election of elected district councillors by a county council, as ascertained and apportioned by agreement between the county council and the district council concerned or failing agreement by the Secretary of State, shall be repaid to the county council by the district council and be defrayed by the district council as part of their general expenses.