Scottish Elections (Representation and Reform) Act 2025

34 Power of returning officer to postpone or cancel by-election

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) After section 37 insert—

“37A Power of returning officer to postpone election for casual vacancy

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and

(c) the date fixed does not fall within the period of 6 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).

(3) Subsection (4) applies where—

(a) the returning officer fixes a date under subsection (2), and

(b) the date fixed does not fall within the period of 6 months before the relevant date.

(4) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).

(5) Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—

(a) the Electoral Commission, and

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

(6) As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

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

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

(7) For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).

37B Further power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,

(c) the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and

(d) the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.

(3) Before fixing a date under subsection (2) the returning officer must consult—

(a) the Electoral Commission, and

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

(4) As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

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

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

37C Power of returning officer to cancel election for casual vacancy

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and

(c) the date fixed falls within the period of 6 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.

(3) Before determining that an election is not to be held under subsection (2), the returning officer must consult—

(a) the Electoral Commission, and

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

(4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) that an election is not to be held, and

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

(5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.”.