The Scottish Local Government Elections Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which revokes and replaces the Scottish Local Elections Order 2007 (“the 2007 Order”), provides for the conduct of elections of members of local authorities.

Article 3 provides that such elections shall be conducted in accordance with the rules set out in Schedule 1 to the Order. Article 2 defines various terms used in the Order. Article 6 makes saving provision to provide that the Order applies to the local government elections to be held on 3rd May 2012 and subsequent elections but not to any election held before that date, to which the 2007 Order will continue to apply.

Schedule 1 to the Order sets out the rules which apply for the purpose of the conduct of local government elections. These rules contain some differences from the rules in the 2007 Order, in many cases to follow amendments made to the parliamentary elections rules.

In particular, rule 1 (timetable) now provides that nomination papers must be delivered by not later than the 23rd day before the poll, rather than the 16th day. Rule 4 (nomination of candidates) allows for use of commonly used names instead of other names. There are changes to rule 19 (supply of free copy of register, lists and notices), rule 22 (provision of polling stations), rule 24 (issue of official poll cards and notifications) and rule 26 (appointment of polling and counting agents). Rule 27 (requirement of secrecy) now includes a prohibition on publication of exit polls, in line with other elections.

Rule 33 (voting procedure) clarifies that where a person is waiting to cast their vote at a polling station at the close of the poll, they must be permitted to vote.

Changes have been made to the rules for counting of votes and retention of documents. Rule 42 (counting of votes) allows non-electronic counting of votes at a by-election and rule 44 (rejected ballot papers) permits void ballot papers to be so marked electronically. Rule 60 (retention of documents) requires that information be kept by the proper officer of the council for one year after a poll, rather than requiring electronic information to be kept for four years. Rule 61 (publication of voting information) has been introduced to make some voting information available after a poll where electronic counting is used, with safeguards to ensure that the secrecy of individual votes is protected.

Rule 62 (death of a candidate) has been amended in line with the approach taken at Scottish Parliamentary elections, which allow in some cases a result to be declared where the deceased candidate does not obtain sufficient votes to be elected. However, where a deceased candidate obtains sufficient votes to be elected, no member will be returned and the poll will be re-arranged.

The forms in Schedule 1 have been revised to take account of changes to electoral procedures. Specifically, the format of the ballot paper (Form 4) has been revised, including the instructions to voters.

Schedule 2 modifies the rules in Schedule 1 where the poll at a local government election is taken together with a poll at UK parliamentary or European parliamentary elections under section 15(1) or (2) of the Representation of the People Act 1985. Section 15(1) requires the poll at an ordinary local government election to be taken together with the poll at a parliamentary or European Parliament general election when those polls are to be taken on the same day. Section 15(2) allows the returning officers at two or more elections for related areas (within the meaning of section 15(3)), the polls at which are taken on the same day, to agree to those polls being taken together. Schedule 2 makes provision equivalent to the modifications to the parliamentary elections rules made by regulation 98 of the Representation of the People (Scotland) Regulations 1986.

Schedules 3 and 4 prescribe modified forms in consequence of the modifications prescribed in Schedule 2.