Planning etc. (Scotland) Act 2006

46 Regulations about ballots

(1) The Scottish Ministers may by regulations made by statutory instrument make provision in relation to ballots.

(2) The provision which may be made by regulations under this section includes provision—

(a) as to the timing of ballots,

(b) as to the persons entitled to vote in a ballot held for the purposes of section 45(2),

(c) as to the question to be asked in a ballot,

(d) as to the allocation of votes to those persons entitled to vote in a ballot,

(e) as to the form that ballots may take,

(f) as to the persons who are to hold ballots,

(g) as to the conduct of ballots,

(h) conferring power on the Scottish Ministers to declare ballots void in cases of material irregularity,

(i) for or in connection with enabling a local authority to recover the costs of a ballot from such persons and in such circumstances as may be prescribed.

(3) Nothing in subsection (2) is to be taken as limiting the power conferred by subsection (1).

(4) In this section (except in subsection (2)(b)) “ballot” means a ballot held for the purposes of section 38(1) or 45(2).