Scottish Elections (Representation and Reform) Act 2025

33 Power of returning officers to postpone election for their area

(1) The Representation of the People Act 1983 is modified as follows.

(2) After section 43A (inserted by section 32) insert—

“43B Power of returning officers to postpone election for their area

(1) Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

(2) Before fixing a day under subsection (1), the returning officer must consult—

(a) the Secretary of State,

(b) the Electoral Commission, and

(c) the convener of the Electoral Management Board for Scotland.

(3) As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) the day fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(4) Where a day for the holding of the poll at the ordinary local election is—

(a) specified by order under section 43(1)(b), (1AB) or (1B), or

(b) fixed by the convener of the Electoral Management Board for Scotland under section 43A(1),

subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.”.