Local Government (Scotland) Act 1973

7 Conduct of local government elections

(1) Elections of councillors for local government areas shall be conducted in accordance with rules made by the Secretary of State, and accordingly references in the Act of 1949 and in the [1969 c. 15.] Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.

(2) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the Act of 1949 subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(3) Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area shall contain a statement declaring that the candidate—

(a) consents to be nominated as a candidate ;

(b) if elected, will accept office as a councillor and will faithfully perform the duties of the office ;

(c) has attained the age of 21 years and is a British subject or citizen of the Republic of Ireland and not subject to any legal incapacity; and

(d) is not subject to any of the disqualifications for office set out in section 31 of this Act.

(4) The statement mentioned in subsection (3) above shall also contain particulars of the candidate's qualification for office under paragraphs (a) to (d) of section 29(1) of this Act, in such form as may be prescribed by rules made under this section.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a local government area, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(7) A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.