Local Government (Scotland) Act 1947

Method of Election and Publication of Result of Uncontested Election.

5 (1) In the case of an election of a county councillor—

(a) if two or more persons remain validly nominated for an electoral division, the county councillor for that division shall be -elected in accordance with the provisions of Part III of this Schedule from among those persons;

(b) if one person only remains validly nominated for the electoral division, the returning officer shall, not later than the day appointed for that purpose by Part II of this Schedule, cause public notice to be given that there will be no poll in that division and that on the day appointed for declaring the result of the election that person shall be declared to be elected a county councillor.

(2) In the case of the election of town councillors—

(a) if the number of persons remaining validly nominated exceeds the number of vacancies in the burgh or in the ward, the town councillors for the Burgh or for the ward, as the case may be, shall be elected in accordance with the provisions of Part III of this Schedule from among those persons;

(b) if the number of persons remaining validly nominated does not exceed the number of vacancies in the burgh or in any ward, the town clerk shall, not later than the day appointed for that purpose by Part II of this Schedule, cause public notice to be given that there will be no poll in the burgh or ward, as the case may be, and that on the day appointed for declaring the result of the election those persons shall be declared to be elected town councillors.

(3) The public notice to be given under this paragraph shall be in the appropriate form contained in Part V of this Schedule or in a form substantially to the like effect, and shall, except where in the circumstances it is not appropriate, be combined with the public notice of poll to be given under paragraph 2 of Part III of this Schedule and shall be published in like manner as the said notice of poll.

(4) If a person whose name has been included in a notice given under sub-paragraph (1) (b) or sub-paragraph (2) (b) of this paragraph dies before the declaration of election, the provisions of this Act shall apply in the case of an election of a county councillor as if no person had remained validly nominated, and in the case of an election of town councillors as if the number of persons validly nominated were less than the number of vacancies.