Scottish Local Government (Elections) Act 2002

5 Pilot schemes for local electionsS

This section has no associated Explanatory Notes

(1)[F1Where a proposal has been made that a scheme under this section should apply to particular local government elections held in a local authority’s area, the Scottish Ministers may] by order make such provision for and in connection with the implementation of the proposed scheme in relation to those elections as they consider appropriate (which may include provision modifying or disapplying any enactment).

[F2(1A)A scheme may be proposed by—

(a)the Scottish Ministers after consulting the Electoral Management Board for Scotland, the Electoral Commission and such other persons as they consider appropriate, or

(b)a person mentioned in subsection (1B) submitting a proposal to the Scottish Ministers.

(1B)The persons are—

(a)the Electoral Management Board for Scotland, if the Board has consulted the Electoral Commission,

(b)a local authority if—

(i)the proposed scheme relates to particular local government elections held in the authority’s area, and

(ii)the authority has consulted the Electoral Management Board for Scotland and the Electoral Commission,

(c)an electoral registration officer if—

(i)the proposed scheme relates to particular local government elections held in any constituency in relation to which the officer is appointed, and

(ii)the officer has consulted the Electoral Management Board for Scotland and the Electoral Commission.

(1C)Where a scheme is proposed by a person mentioned in subsection (1B) the proposal and the proposed scheme may be approved by the Scottish Ministers, either without modification or with such modifications as the Scottish Ministers consider appropriate.]

(2)A scheme under this section is a scheme which makes, in relation to local government elections in the area of a local authority, provision differing in any respect from that made by virtue of the Representation of the People Acts [F3or any other enactment]—

(a)as regards one or more of the following—

(i)when and where voting at the elections is to take place;

(ii)the method used to cast votes;

(iii)how the votes cast are to be counted;

(iv)the sending by candidates of election communications free of charge for postage; or

(b)for any other matter which relates to action to be taken, or procedure to be carried out, before or during the poll which is to be held at the election.

[F4(2A)An order under subsection (1) is subject to the affirmative procedure if the proposed scheme implemented by the order—

(a)includes provision regarding the method used to cast votes which differs from the Acts or other enactments mentioned in subsection (2), and

(b)the differing provision sets out a method of specifying a voter’s preference from among the candidates to be councillor by electronic means (including using stand-alone machines, as well as the internet and other forms of electronic communication).]

(3)A scheme may make provision such as is mentioned in paragraph (b) of subsection (2) above only where, in the opinion of [F5the Scottish Ministers or, in the case where a person mentioned in subsection (1B) proposed the scheme, that person,] that provision is likely to—

(a)facilitate voting by any persons or any class of persons; or

(b)encourage more persons, or more persons of a particular class, to vote at the election.

(4)Without prejudice to the generality of subsections (1) and (2) above, a scheme under this section may make provision—

(a)for voting to take place—

(i)on more than one day (whether each of those days is designated as a day of the poll or otherwise);

(ii)at places other than polling stations;

[F6(aa)for ballot papers issued at the elections to contain photographs of the candidates;]

(b)for postal charges incurred in respect of the sending of candidates’ election communications as mentioned in subsection (2)(a)(iv) above to be paid by the local authority,

and where a scheme makes such provision as is mentioned in paragraph (b) above, the Scottish Ministers’ order under subsection (1) above may make provision for disapplying section [F775A(2) ] of the 1983 Act (restriction on third party election expenditure) in relation to the payment of such charges by the local authority.

(5)In subsection (2) above the reference to local government elections in the area of a local authority is a reference to such elections—

(a)throughout that area; or

(b)in any particular part or parts of it,

as the scheme may provide.

(6)The Scottish Ministers—

(a)may, in order to inform their consideration of a proposal and proposed scheme submitted to them under subsection [F8(1A)(a)] above and how they might deal with it, consult such persons as they think appropriate;

(b)shall, before making any modification [F9in accordance with subsection (1C) consult the Electoral Commission, the Electoral Management Board for Scotland and, if it was not submitted by the Board, the person who] submitted the proposal and proposed scheme.

(7)The Scottish Ministers shall send a copy of any order under subsection (1) above to the local authority to which it relates and the authority shall publish the order in their area in such manner as they think fit.

(8)After the elections in relation to which a scheme under this section applied have taken place, the [F10Electoral Commission] shall prepare a report on the scheme.

(9)The report shall contain—

(a)a description of the scheme and of the respects in which the provision made by it differed from that made by virtue of the Representation of the People Acts [F11or any other enactment];

(b)a copy of the order of the Scottish Ministers under subsection (1) above; and

(c)an assessment of the extent to which the scheme—

(i)encouraged voting at the elections;

(ii)enabled voters to make informed decisions at the elections;

(iii)facilitated voting at the elections.

(10)An assessment under subsection (9)(c)(iii) shall include a statement by the [F12Electoral Commission] as to whether, in their opinion—

(a)the turnout of voters was higher than it would have been if the scheme had not applied;

[F13(aa)the arrangements made under the scheme assisted disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the elections;]

(b)voters found the procedures provided under the scheme easy to use;

(c)the procedures provided under the scheme led to any incidence of, or increase in, personation or other electoral offences or in any other malpractice in connection with elections.

(11)If the Scottish Ministers so request in writing, the report shall contain also an assessment of such other matters relating to the scheme as are specified in the request.

[F14(11A)In preparing the report, the Electoral Commission may consult such persons as they think appropriate.]

[F15(12)The Electoral Commission must—

(a)send a copy of the report to—

(i)the Scottish Ministers, F16...

(ii)the local authority [F17in whose area the elections that were subject to the scheme took place], and

[F18(iii)the Electoral Management Board for Scotland, and

(iv)where the scheme was proposed by an electoral registration officer under subsection (1B), that officer,]

(b)publish the report in such manner as they think fit,

by the end of the period of three months beginning with the date of the declaration of the result of the elections to which the report relates.]

(13)For the purposes of this section a proposal falling within subsection (1) above and submitted to the Scottish Ministers before the date on which this Act comes into force shall be as effective as one so submitted on or after that date.

(14)In this section and in section 6 below—

[F19“electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983,]
“local authority” means a council constituted under section 2 of the 1994 Act;
“local government election” has the meaning given by section 204(1) of the 1983 Act; and
“modifications” includes additions, omissions and amendments (and “modify” has a corresponding meaning).