Scottish Local Elections Rules 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/82 |
1974 No. 82 (S. 1)
REPRESENTATION OF THE PEOPLE
The Scottish Local Elections Rules 197421stJanuary 1974
7thFebruary 1974
1stApril 1974
In exercise of the powers conferred on me by sections 7 and 233 of the Local Government (Scotland) Act 1973(a), and of all other powers enabling me in that behalf, I hereby make the following Rules.
1.—(1) These rules may be cited as the Scottish Local Elections Rules 1974 and shall come into operation on 1st April 1974.
(2) The Interpretation Act 1889(b) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
2. In the application of the parliamentary elections rules in Schedule 2 to the Representation of the People Act 1949(c) to the first ordinary elections of councillors of a local authority (as defined in section 235 of the Local Government (Scotland) Act 1973) and to any subsequent elections of such councillors adaptations, alterations and exceptions shall be made therein so that the elections shall be conducted in accordance with the rules set out in Schedule 1 hereto:
Provided that in relation to the first elections of councillors in 1974 the rules shall apply subject to the adaptations, alterations and exceptions specified in Schedule 2 hereto.
Gordon Campbell, One of Her Majesty's Principal Secretaries of State.
St. Andrew's House, Edinburgh.
21st January 1974.
(a) 1973 c. 65.
(b) 1889 c. 63.
(c) 1949 c. 68.
SCHEDULE 1
RULES FOR CONDUCT OF A LOCAL GOVERNMENT ELECTION IN SCOTLAND
Arrangement of rules
PART I
PROVISIONS AS TO TIME
Rule
1. Timetable.
2. Computation of time.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
3. Notice of election.
4. Nomination of candidates.
5. Consent to nomination.
6. Subscription of nomination paper.
7. Decisions as to validity of nomination papers.
8. Withdrawal of candidates.
9. Nomination in more than one electoral division or ward.
10. Inspection of nomination papers.
11. Method of election and notice of uncontested election.
PART III
CONTESTED ELECTIONS
GENERAL PROVISIONS
12. Poll to be taken by ballot.
13. The ballot papers.
14. The official mark.
15. Prohibition of disclosure of vote.
16. Use of schools and public rooms.
ACTION TO BE TAKEN BEFORE THE POLL
17. Notice of poll.
18. Postal ballot papers.
19. Provision of polling stations.
20. Appointment of presiding officers and clerks.
21. Special lists.
22. Issue of official poll cards.
23. Equipment of polling stations.
24. Appointment of polling and counting agents.
25. Declaration of secrecy.
THE POLL
26. Admission to polling station.
27. Keeping of order in station.
28. Sealing of ballot boxes.
29. Questions to be put to voters.
30. Challenge of voter.
31. Voting procedure.
32. Votes marked by presiding officer.
33. Voting by blind persons.
34. Tendered ballot papers.
35. Spoilt ballot papers.
36. Adjournment of poll in case of riot.
37. Procedure on close of poll.
COUNTING OF VOTES
38. Attendance at counting of votes.
39. The count.
40. Re-count.
41. Rejected ballot papers.
42. Decisions on ballot papers.
43. Equality of votes.
PART IV
FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
44. Declaration of result.
45. The return.
PART V
DISPOSAL OF DOCUMENTS
46. Sealing of ballot papers.
47. Delivery of documents.
48. Orders for production of documents.
49. Retention and public inspection of documents.
50. Supplemental provisions as to documents.
PART VI
SUPPLEMENTAL
51. Countermand or abandonment of poll on death of candidate.
52. General duty of returning officer.
53. Interpretation.
APPENDIX
FORMS
Notice of election.
Nomination paper.
Notice of withdrawal.
Notice of uncontested election.
Ballot paper.
Notice of poll.
Elector's official poll card.
Proxy's official poll card.
Directions for the guidance of voters in voting.
Certificate of employment.
Declaration to be made by the companion of a blind voter.
PART I
PROVISIONS AS TO TIME
Timetable
1.—(1) The proceedings at the election shall be conducted in accordance with the following Timetable:—
Proceeding Time
Publication of notice of election. On or within seven days before the
fourth Tuesday preceding the day of
election
Delivery of nomination papers. Not later than 4 p.m. on the third Tues-
day preceding the day of election
Delivery of notice of withdrawal Not later than 4 p.m. on the third
of nomination. Thursday preceding the day of
election
Notice in case of uncontested Not later than the Thursday preceding
election and notice of poll in the day of election
contested election
Notice of appointment of polling Not later than the Thursday preceding
or counting agents. the day of election.
Polling. Between 8 a.m. and 9 p.m. on the day of
election.
(2) At any election under sections 9, 10 or 37 of the Local Government (Scotland) Act 1973 the timetable prescribed by this rule shall apply, subject to any necessary modifications and to the substitution for the dates set out in the timetable of such dates, as the Secretary of State in the case of an election under the said section 10, or the returning officer in the case of an election under the said sections 9 or 37, shall determine.
Computation of time
2.—(1) Where the day or the last day on which anything is required or permitted by these rules to be done is a Sunday, Christmas Day, New Year's Day, Good Friday, bank holiday or a public holiday or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days.
(2) Nothing in this rule shall apply in relation to the counting of the votes and the other proceedings of the returning officer after the close of the poll or to things done by other persons in the course of those proceedings, but the returning officer shall not be obliged to proceed with the counting on any of the days mentioned in paragraph (1).
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
3.—(1) Notice of the election in the form in the Appendix to this Schedule, or a form to the like effect, shall be published by the returning officer.
(2) The notice shall be published—
(a) in the case of an election of a councillor for a region, by causing a copy to be exhibited conspicuously at or near the main entrance to the principal offices of the council for the region and at or near the main entrance to the principal offices of the council for the district which includes the electoral division;
(b) in the case of an election of a councillor for an islands area or a district, by causing a copy to be exhibited conspicuously at or near the main entrance to the principal offices of the council of the islands area or district: and
either by causing a copy to be exhibited conspicuously in the electoral area or by inserting a copy at least once in one or more newspapers circulating in the electoral area.
(3) The registration officer shall give notice in the electoral area, by such means as he thinks best calculated to bring the information to the notice of those concerned, of the date by which applications to be treated as an absent voter and other applications and notices about postal or proxy voting must reach the registration officer in order that they may be effective for the election.
Nomination of candidates
4.—(1) Each candidate shall be nominated by a separate nomination paper in the form in the Appendix to this Schedule, or a form to the like effect, delivered at the place fixed by the returning officer for the purpose.
(2) The nomination paper shall state—
(a) if the name of the candidate appears in the register of local government electors for any electoral area within the area of the council for which he is nominated as a candidate, the name and address and number on the register of the candidate as appearing in the said register, the surname being placed first;
(b) if the name of the candidate does not appear in any such register, the full name of the candidate (with his surname first) and his home address in full.
(3) The particulars of a candidate given in a nomination paper may, if desired, include a description in addition to the particulars required by paragraph (2); but a description included by virtue of this paragraph shall not exceed six words in length.
Consent to nomination
5. The candidate, or a solicitor duly authorised by him, shall sign the candidate's consent to nomination appended to and forming part of the nomination paper referred to in rule 4 which candidate's consent to nomination shall contain the statements specified in the prescribed form.
Subscription of nomination paper
6.—(1) The nomination paper shall be subscribed by two electors for the electoral area as proposers, and by eight other electors for that area as assenting to the nomination.
(2) Where a nomination paper bears the signature of more than the required number of persons as proposing or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category shall be taken into account to the exclusion of any others in that category.
(3) The nomination paper shall give the electoral number of each person subscribing it as proposer or assenter.
(4) The returning officer shall not sign any nomination paper as proposer, assenter, candidate or solicitor for a candidate and, if he does so, his signature shall be inoperative.
(5) No person shall subscribe as proposer or assenter more than one nomination paper in respect of the same electoral area and, if he does so, his signature shall be operative only in the case of the paper which is first delivered:
Provided that a person shall not be prevented from subscribing a nomination paper by reason only of his having subscribed that of a candidate who has died or withdrawn before delivery of the first-mentioned paper.
(6) In this rule—
the expression "elector for the electoral area" means a person who is registered as a...
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