Representation of the People Act 1983

44 Candidate's death in local election in Scotland

(1) If at a contested election of a councillor for a local authority in Scotland proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, then the returning officer—

(a) shall countermand the poll, or

(b) if polling has begun, shall direct that the poll be abandoned.

(2) The returning officer for the election which by reason of such countermanding or abandonment has not been duly held or has failed—

(a) shall order an election to be held as soon as practicable after that, on a date to be fixed by him; and

(b) shall remain the returning officer for that election.

(3) At any such election, no fresh nomination is necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was countermanded or abandoned.