The Scottish Local Government Elections Order 2011

1. Introductory Text

2. 1. Citation, commencement and extent

3. 2. Interpretation

4. 3. Local government elections rules

5. 4. Application of Part III of the Representation of the People Act 1983

6. 5. Amendments

7. 6. Revocations and saving provision

8. Signature

9. 1. SCHEDULE 1

      SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

      1. PART I PROVISIONS AS TO TIME

         1. 1. Timetable

         2. 2. Computation of time

      2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

         1. Notice of election

            1. 3. Notice of election

         2. Nomination

            1. 4. Nomination of candidates

            2. 5. Consent to nomination

            3. 6. Subscription of nomination paper

            4. 7. Decisions as to validity of nomination papers

            5. 8. Withdrawal of candidates

            6. 9. Nomination in more than one electoral ward

            7. 10. Correction of errors in nomination papers

            8. 11. Inspection of nomination papers

            9. 12. Method of election and notice of uncontested election

      3. PART III CONTESTED ELECTIONS

         1. General provisions

            1. 13. Poll to be by ballot

            2. 14. The ballot papers

            3. 15. Corresponding number list

            4. 16. Security marking

            5. 17. Prohibition of disclosure of vote

            6. 18. Use of schools and public rooms

            7. 19. Supply of free copy of register, lists and notices

         2. Action to be taken before the poll

            1. 20. Notice of poll

            2. 21. Postal ballot papers

            3. 22. Provision of polling stations

            4. 23. Appointment of presiding officers and clerks

            5. 24. Issue of official poll cards and notifications

            6. 25. Equipment of polling stations

            7. 26. Appointment of polling and counting agents

            8. 27. Requirement of secrecy

         3. The poll

            1. 28. Admission to polling station

            2. 29. Keeping of order in station

            3. 30. Sealing of ballot boxes

            4. 31. Questions to be put to voters

            5. 32. Challenge of voter

            6. 33. Voting procedure

            7. 34. Votes marked by presiding officer

            8. 35. Voting by persons with disabilities

            9. 36. Tendered ballot papers

            10. 37. Spoilt ballot papers

            11. 38. Correction of errors on day of poll

            12. 39. Adjournment of poll in case of riot

            13. 40. Procedure on close of poll

         4. Counting of votes

            1. 41. Attendance at counting of votes

            2. 42. Counting of votes

            3. 43. The count

            4. 44. Rejected ballot papers

            5. 45. Decisions on ballot papers

            6. 46. First stage

            7. 47. The quota

            8. 48. Return of councillors

            9. 49. Transfer of surplus votes

            10. 50. Transfer of surplus votes – supplementary provisions

            11. 51. Exclusion of candidates

            12. 52. Exclusion of candidates – supplementary provisions

            13. 53. Filling of last vacancies

            14. 54. Re‑count

            15. 55. Counting of votes by means other than electronic counting

            16. 56. Declaration of result

      4. PART IV DISPOSAL OF DOCUMENTS

         1. 57. Sealing up of ballot papers

         2. 58. Delivery of documents

         3. 59. Orders for production of documents

         4. 60. Retention of documents

      5. PART V PUBLICATION OF VOTING INFORMATION

         1. 61. (1) In a contested election where the count is conducted...

      6. PART VI DEATH OF CANDIDATE

         1. 62. Independent candidate

         2. 63. Deceased independent candidate wins

         3. 64. Deceased independent candidate with equality of votes

         4. 65. Party candidate

         5. 66. Abandoned poll

      7. PART VII FORMS FOR USE AT SCOTTISH LOCAL GOVERNMENT ELECTIONS

         1. FORM 4

         2. (back of form)

            1. 1. On the ballot paper, number the candidates in order of...

            2. 2. Do not put any other marks on the ballot paper....

            3. 3. You must provide [**your signature and] date of birth on...

            4. 4. Put the ballot paper in the envelope marked A and...

            5. 5. If you get more than one ballot paper, by accident,...

            6. 6. Remember, if you have received a postal vote you cannot...

            7. 7. If you make a mistake on the ballot paper you...

            8. 8. If you lose the ballot paper, postal voting statement or...

            9. 9. If you want to apply for a replacement ballot paper...

         3. REMINDER

            1. 1. Have you remembered to [**sign your name and] provide your...

            2. 2. Have you put your ballot paper in the envelope A...

            3. 3. Have you put envelope A together with the postal voting...

            4. 4. You must make sure that you send your postal vote...

         4. Back of card

            1. LOCAL GOVERNMENT ELECTION

            2. ISSUED BY THE RETURNING OFFICER

         5. Back of card

            1. LOCAL GOVERNMENT ELECTION

         6. It is an offence to vote using a ballot paper that was not addressed to you

            1. ISSUED BY THE RETURNING OFFICER

   2. SCHEDULE 2

      MODIFICATIONS TO THE LOCAL GOVERNMENT ELECTIONS RULES IN SCHEDULE 1 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION UNDER SECTION 15(1) OR (2) OF THE REPRESENTATION OF THE PEOPLE ACT 1985

      1. 1. At the end of rule 14(2) (the ballot papers) insert—...

      2. 2. At the end of rule 20 (notice of poll) insert—...

      3. 3. After rule 22(2) insert— (2A) The polling station allotted to...

      4. 4. At the end of rule 24 (issue of official poll...

      5. 5. After rule 25(1) (equipment of polling stations) insert—

      6. 6. For rule 25(4) (equipment of polling stations) substitute—

      7. 7. After rule 26(3) (appointment of polling and counting agents) insert—...

      8. 8. In questions 1(a) and (b) and question 4 of rule...

      9. 9. At the end of rule 33 (voting procedure) insert—

      10. 10. After rule 34(3) (votes marked by presiding officer) insert—

      11. 11. After rule 35(6) (voting by persons with disabilities) insert—

      12. 12. At the end of rule 36(7) (tendered ballot papers) insert—...

      13. 13. At the end of rule 39(1) (adjournment of poll in...

      14. 14. After rule 40(1) (procedure on close of poll) insert—

      15. 15. For rule 41(1) (attendance at counting of votes) substitute—

      16. 16. In rule 41(2) before “at the counting of the votes”...

      17. 17. In rule 41(3) before the words “counting of the votes”...

      18. 18. For rule 43(1) (the count) substitute— (1) Where the returning...

      19. 19. At the end of rule 58 (delivery of documents) insert—...

      20. 20. In rule 62 (countermand or abandonment of poll on death...

      21. 21. In Schedule 1, for Form 6 (the Corresponding Number List),...

      22. 22. In Schedule 1, for Form 8 (the postal voting statement)...

      23. 23. In Schedule 1, for Form 13 (the form of directions...

      24. 24. In Schedule 1, in Form 15 (the form of declaration...

   3. SCHEDULE 3

      FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2

   4. SCHEDULE 4

      FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH 22 OF SCHEDULE 2

      1. POSTAL VOTING STATEMENT FOR A POSTAL VOTE AT PARLIAMENTARY OR EUROPEAN PARLIAMENTARY ELECTION WHICH IS TAKEN WITH THE LOCAL GOVERNMENT ELECTION AND THE PROCEEDINGS ON THE ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS IN RESPECT OF EACH ELECTION ARE TAKEN TOGETHER

         1. 1. On the [colour] (Parliamentary Election)/(European Parliamentary Election)* ballot paper(s), mark...

         2. 2. On the [colour] ballot paper for the local government election...

         3. 3. Do not put any other marks on the ballot paper....

         4. 4. Complete your ballot papers in secret. If you need someone...

         5. 5. You must provide [**your signature and] date of birth on...

         6. 6. Put the ballot papers in the envelope marked A and...

         7. 7. If you get more than one ballot paper of the...

         8. 8. Remember, as you have received a postal vote you cannot...

         9. 9. If you make a mistake on the ballot paper you...

         10. 10. If you lose the ballot paper, postal voting statement or...

         11. 11. If you want to apply for a replacement ballot paper...

      2. REMINDER

         1. 1. Have you remembered to [**sign your name and] provide your...

         2. 2. Have you put your ballot paper in the envelope A...

         3. 3. Have you put envelope A together with the postal voting...

         4. 4. You must make sure then that you send your postal...

10. Explanatory Note