Scottish Elections (Representation and Reform) Act 2025

32 Power of convener of Electoral Management Board to postpone ordinary local election

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

(2) In section 43 (day of ordinary elections in Scotland, and other timing provisions), in subsection (2)(b), for “section 45(1) below” insert “section 43A, 43B or 45(1)”.

(3) After section 43 insert—

“43A Power of convener of Electoral Management Board to postpone election

(1) Despite section 43(1), if the convener of the Electoral Management Board for Scotland considers it necessary or appropriate for any reason to do so, the convener may fix another day for the holding of the poll at the ordinary local election 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 convener must consult—

(a) the Electoral Commission,

(b) the Scottish Ministers, and

(c) the Secretary of State.

(3) As soon as reasonably practicable after fixing a day under subsection (1), the convener must publish, in such manner as the convener 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 specified by order under section 43(1)(b), (1AB) or (1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order.

(5) In this section and section 43B, “ordinary local election” has the meaning given in section 43(1C).”.