The Local Government (Transitional Election Arrangements) (Scotland) Order 1994

Explanatory Note

(This note is not part of the Order)

In connection with local government reorganisation in Scotland, elections are to be held on 6th April 1995 to new mainland councils. This Order makes provision in respect of those elections and in respect of elections for casual vacancies occurring in the membership of those new councils between 6th April 1995 and 1st April 1996. The Order applies local election law with necessary modifications and will cease to have effect after 31st March 1996.

Article 3 applies those parts of the Local Government (Scotland) Act 1973 (c. 65) dealing with qualification to stand for and hold office and declaration of acceptance of office.

Article 4 applies the Representation of the People Act 1983 (c. 2) so far as relevant for these elections with certain necessary modifications. In addition to modifications to definitions (in section 204(1) of that Act) essential for the new local government structure, the most important modifications are to section 10 (substituting more relevant factors to be considered when preparing registers), to section 31(2) (giving a power to returning officers to divide electoral wards into polling districts) and to add a section 41A (imposing a duty on regional and district council staff to assist returning officers in the discharge of their functions).

Articles 5, 6 and 7 make modifications to the 1983 Act which are relevant for the elections on 6th April 1995 only, for casual vacancies only and for casual vacancies after 15th February 1996 only respectively.

Article 8 applies the Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111) and the Scottish Local Election Rules 1986 (S.I. 1986/2213) to these elections so far as relevant and again, where appropriate, subject to modifications essential for the new local government structure. Article 9 provides for a general translation of terms in the Forms to be used for local elections (and in other respects where combined polls take place) to apply them to the new councils.

Articles 10 and 11 remove the duty of a registration officer of a region to publish by 15th February 1995 (and to prepare and publish by 15th February 1996) a register of local government electors based on regions or districts. That duty to publish, basing that register on new local government areas, is imposed by sections 9(1) and 13(1) of the 1983 Act as read with the definition of “local government area” as applied and modified by this Order.

Article 12 amends the duty of a registration officer of a region in the publication of the register of parliamentary electors to have regard as appropriate to new electoral wards rather than existing electoral areas.