The Local Electoral Administration and Registration Services (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order makes provision in consequence of the Local Electoral Administration and Registration Services Act 2006 (asp 14) (“the Act”). The Act creates an offence at section 15 (Offences relating to applications for postal and proxy votes) by inserting a new section 62B (Scottish local government elections: offences relating to applications for postal and proxy votes) into the Representation of the People Act 1983 (“the 1983 Act”).

Section 62B provides that a person committing certain specified offences when applying for postal and proxy votes will be guilty of a corrupt practice. Sections 160 and 173 of the 1983 Act set out the effects, for electoral purposes, of being found guilty of a corrupt practice.

Sections 160(5A) and 173A already make provision preventing a person found guilty of a corrupt practice from holding public office in Scotland.

Article 2 amends sections 160, 173 and 173A to include the section 62B offence with the result that that a person found guilty of a corrupt practice, committed at a Scottish local government election, will also be prevented from standing as a candidate or being elected at elections to the European, United Kingdom or Scottish Parliaments.

As a consequence of the changes made by article 2, article 3 repeals provisions in the Electoral Administration Act 2006 c. 22 which are no longer necessary.