SCHEDULE 2Part 1: minor and consequential modifications

(introduced by section 35)

Representation of the People Act 1983 (c. 2)

1

The 1983 Act is amended as follows.

2

In section 66(1) (requirement of secrecy), before “shall”, where first occurring, insert—

“(d)

every person so attending in pursuance of permission granted under section 8 or 9 (observers at Scottish local government elections) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14),”.

3

In section 73(5)(d) (payment of expenses through election agent), for “section 90A(5)(b)” substitute “ section 90ZB(7) ”.

4

In section 74A (expenses which may be paid otherwise than by election agent)—

(a)

in subsection (1)(b), for “section 90A(1)” substitute “ section 90ZB(2) ”,

(b)

in subsection (2), the words “(determined in accordance with section 90B below)” are repealed,

(c)

in subsection (3), for “sections 90A to” substitute “ section 90ZB and ”.

5

In section 76A(2) (application of power to vary provisions about election expenses)—

(a)

the word “or” immediately following paragraph (c) is repealed,

(b)

after paragraph (c) insert—

“(ca)

section 75A(5) above; or”.

6

In section 81 (return as to election expenses)—

(a)

in subsection (2)(c), after “section 75(2)” insert “ or 75A(6) ”,

(b)

in subsection (9)—

(i)

for “subsection (3)” substitute “ subsection (4A) ”, and

(ii)

the words “of each such matter” are repealed.

7

In section 89 (inspection of returns and declarations)—

(a)

in subsection (1), after “section 75,” insert “ 75A, ”,

(b)

in subsection (3), after “section 75” insert “ or 75A ”.

8

In section 90C(2) (property, goods, services etc. provided free of charge or at a discount), for “section 90A(3)” substitute “ section 90ZB(4) ”.

9

In section 118 (interpretation of Part 2), in the definition of “election expenses” for “sections 90A” substitute “ sections 90ZB ”.

10

In section 129(7)(b) (time for presentation or amendment of petition questioning local election), after “section 75” insert “ or 75A ”.

11

In section 168(1)(a)(i) (prosecution for corrupt practices), before “above” insert “ or 62B ”.

12

In section 179 (offences by associations), after “section 110” insert “ or 110A ”.

13

The amendments made by paragraphs 3, 4, 6(b), 8 and 9 apply to the 1983 Act only so far as it applies to a local government election in Scotland.

Scottish Local Government (Elections) Act 2002 (asp 1)

14

In section 5(4) of the Scottish Local Government (Elections) Act 2002, for “75(1)” substitute “ 75A(2) ”