The Scottish Local Government Elections Amendment Order 2021

Amendment of the Representation of the People Act 1983

3.—(1) The Representation of the People Act 1983(1) is amended in accordance with this article.

(2) In section 76(5A) (limitation of election expenses)(2), after paragraph (b) insert—

“(c) reasonable expenses incurred that are reasonably attributable to an individual’s disability,

(d) reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events,

(e) reasonable expenses incurred that are reasonably attributable to the translation of anything into another language.”.

(3) After section 88 (publication of time and place for inspection of returns and declarations), insert—

Scottish local government elections: Publication of time and place for inspection of returns and declarations

88A.— (1) At a local government election in Scotland, the returning officer must, within 10 days after the end of the time allowed for the delivery of returns as to election expenses—

(a) publish a notice, in such manner as the returning officer considers appropriate, of the time and place at which the returns and declarations (including the accompanying documents) can be inspected, and

(b) send a copy of the notice to each of the election agents.

(2) If any return or declaration has not been received by the returning officer before the returning officer publishes a notice under subsection (1)(a), the returning officer must include in the notice a statement that the return or declaration has not been received.

(3) If the return or declaration referred to in subsection (2) is received after the notice is published under subsection (1)(a), the returning officer must, within 10 days after the return or declaration is received—

(a) publish a further notice, in such manner as the returning officer considers appropriate, of the time and place at which the late return or declaration (including the accompanying documents) can be inspected, and

(b) send a copy of the further notice to each of the election agents other than the agent who delivered the late return or declaration or the agent for the candidate who delivered the late declaration.”.

(4) In section 90ZB (Scottish local government elections: meaning of “election expenses”)—

(a) for subsection (2), substitute—

“(2) In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used—

(a) for the purposes of the candidate’s election, and

(b) after the date when the candidate becomes a candidate at the election.”,

(b) subsections (3) and (7) are repealed.

(1)

1983 c. 2.

(2)

Section 76(5A) was inserted by S.S.I. 2016/354.