The Scottish Local Government Elections Rules 2002

Explanatory Note

(This note is not part of the Rules)

These Rules, which consolidate with amendments and revoke and replace the Scottish Local Elections Rules 1986 as amended (“the 1986 rules”), provide for the conduct of elections of members of local authorities.

The rules in Schedule 2 apply with adaptations, alterations and exceptions the Scottish parliamentary elections rules set out in Schedule 1 to the Representation of the People Act 1983 for the purpose of the conduct of local government elections. The rules in Schedule 2 differ from the 1986 rules by including amendments made to the Scottish parliamentary elections rules by the Representation of the People Act 2000, in particular the provisions of rule 22 (equipment of polling stations) and rule 32 and the Appendix to Schedule 2 (voting by persons with disabilities). Rules 1 and 2 (timetable and computation of time) and Rule 6 (subscription of nomination paper) have been amended to bring them into line with the equivalent Scottish parliamentary rules. The forms in the Appendix to Schedule 2 have been revised.

Schedules 3 and 4 to these rules modify the rules in Schedule 2 where the poll at a local government election is taken together with a poll at UK parliamentary or European parliamentary elections under section 15(1) or (2) of the Representation of the People Act 1985. Section 15(1) requires the poll at an ordinary local government election to be taken together with the poll at a parliamentary or European Parliament general election when those polls are to be taken on the same day. Section 15(2) allows the returning officers at two or more elections for related areas (within the meaning of section 15(3)), the polls at which are taken on the same day, to agree to those polls being taken together. Schedule 3 makes provision equivalent to the modifications to the parliamentary elections rules made by regulation 98 of the Representation of the People (Scotland) Regulations 1986. In addition, Schedule 3 extends the polling hours at the local government election where the poll at that election is taken together with the poll at a parliamentary or European parliamentary election, and provides that the same ballot box may be used for combined polls. Schedule 4 contains a form associated with the modifications prescribed in Schedule 3.