The Scottish Local Government Elections Amendment Order 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under powers in section 3 and 16 of the Local Governance (Scotland) Act 2004 and makes provision about the conduct of local government elections in Scotland. The Order amends the Representation of the People Act 1983 (“the 1983 Act”) and the Political Parties, Elections and Referendums Act 2000 (“the 2000 Act”).

Article 2 inserts new section 87B into the 1983 Act to place a duty on the appropriate officer to deliver to the Electoral Commission copies of returns and declarations on expenses together with any accompanying documents where the Commission so requests.

Article 3 repeals section 145(2) of the 2000 Act so as to ensure that Electoral Commission’s duty in section 145(1)(b) to monitor compliance with statutory restrictions and requirements on election expenses applies to local government elections in Scotland. Article 3 also makes a number of amendments to section 145 which are consequential on the repeal of subsection (2) and repeals the duty on the Scottish Ministers in section 145(6) to reimburse the Commission for expenditure which would have arisen by virtue of their functions under an order under subsection (2).

Article 4 amends rule 24(1) of schedule 1 of the Scottish Local Government Elections Order 2011 so that poll cards are sent out as soon as practicable after the issue of the notice of election rather than the notice of poll.