The Local Governance (Scotland) Act 2004 (Commencement No. 4) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order appoints days for the coming into force of provisions of the Local Governance (Scotland) Act 2004 (“the Act”).

Article 2 provides that sections 1, 2, parts of 4, 5 and 10 of the Act shall come into force on 2nd May 2007. Section 9 is to come into force on 28th February 2007. Section 1 relates to the division of local government areas into multi-member electoral wards. Section 2 relates to the manner in which persons are entitled to vote at contested elections and provides for the introduction of a single transferable vote electoral system. Section 4(5) (the other parts of section 4 were commenced in August 2004) makes changes to the Local Government (Scotland) Act 1973 (“the 1973 Act”) to reflect multi-member wards. Section 5 makes consequential amendments and repeals. Section 9 amends section 2 of the Local Government and Housing Act 1989 which stipulates which holders of politically restricted posts are disqualified from membership of the local authority. Section 10 substitutes a new section 67 into the 1973 Act setting out the prohibitions on councillors and ex-councillors being appointed to local authority posts.

The Act received Royal Assent on 29th July 2004. Sections 15, 16 and 17 came into force on Royal Assent. The first commencement order, the Local Governance (Scotland) Act 2004 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.S.I. 2004/351), was made on 19th August 2004. The second commencement order, the Local Governance (Scotland) Act 2004 (Commencement No. 2) Order 2004 (S.S.I. 2004/558) was made on 23rd December 2004. The third commencement order, the Local Governance (Scotland) Act 2004 (Commencement No. 3) Order 2006 was made on 13th September 2006.

After the making of this Order all the provisions of the Act will have been commenced.