The Scottish Local Elections Amendment (No.2) Rules 1999

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Scottish Local Elections Rules 1986, in consequence of the Registration of Political Parties Act 1998 which makes provision for a system of registration for political parties. The 1986 Rules apply to elections of councillors for local government areas in Scotland.

The Rules make provision equivalent to that which the amendments in Schedule 2 to the 1998 Act make to the parliamentary election rules in Schedule 1 to the Representation of the People Act 1983.

The amendments give returning officers the power to reject nomination papers which include a description which is likely to lead voters to associate the candidate with a registered political party unless that description is authorised by or on behalf of the registered nominating officer of that party. They also provide for the inclusion of emblems of registered political parties on ballot papers.

Rule (3)(8)(b) of these Rules which makes provision for the position and size of the emblem on the ballot paper does not apply if the poll at a local election is taken together with the poll at a Scottish Parliamentary election. Those circumstances are dealt with in the Scottish Parliament (Elections etc.) Order 1999 (S.I. 1999/787).

These Rules supersede and revoke the Scottish Local Elections Amendment Rules 1999 (S.I. 1999/406) which were due to come into force on 26th March 1999 because of an error in the commencement date and application of those Rules.