The Scottish Local Government Elections Amendment Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Scottish Local Government Order 2011 (“the 2011 Order”).

Article 3 of the Order removes the requirement in rule 4 of the Scottish local government elections rules (set out in schedule 1 of the 2011 Order) for the home address of a candidate at a Scottish local government election to appear on the nomination paper. It introduces the new “home address form” which must accompany a nomination paper. The candidate may state on the home address form that they require their home address to be made public for the purposes of the nomination. If they do not do so, the home address form must state the relevant area or, as the case may be, the country outside the United Kingdom, in which the candidate’s home address is located. Article 4 removes the requirement for the address of the person who witnesses the candidate’s subscription to the nomination paper to appear on the nomination paper.

Article 5 amends rule 7 of the Scottish local government election rules to provide that the nomination shall not be valid if the nomination paper is not accompanied by a valid home address form and provides the basis upon which the returning officer may find the home address form invalid.

Article 6 amends rule 10 of the Scottish local government election rules to make provision allowing the returning officer to correct minor errors in the home address form. Article 7 makes provision in relation to the inspection of home address forms.

Article 8 amends rule 14 of the Scottish local government elections rules in relation to ballot papers in consequence of the introduction of home address forms.

Article 9 makes provision in relation to the destruction of home address forms.

Article 10 makes provision for new standard forms to be substituted into the 2011 Order in consequence of the introduction of home address forms.