Scottish Local Elections Rules 1986

JurisdictionUK Non-devolved
CitationSI 1986/2213

1986 No. 2213 (S. 163)

REPRESENTATION OF THE PEOPLE

The Scottish Local Elections Rules 1986

16thDecember 1986

6thJanuary 1987

In exercise of the powers conferred upon me by section 42 of the Representation of the People Act 1983(a), and of all other powers enabling me in that behalf, I hereby make the following rules:-

Citation and extent

1. These rules may be cited as the Scottish Local Elections Rules 1986 and shall extend to Scotland only.

Commencement

2.—(1) Subject to paragraph (2) below, these rules shall come into force on 16th February 1987 except for the purposes of any election the notice of which is published before that date.

(2) The provisions in these rules insofar as they relate to absent voting and the revocation of rule 21 (special lists) in Schedule 1 to the Scottish Local Elections Rules 1974(b) shall come into force on 27th January 1987 for the purposes of an election the poll at which is held on or after 16th February 1987.

Revocations

3. The rules specified in Schedule 1 to these rules are revoked as from the coming into operation of these rules.

Interpretation

4. In these rules "local government area" means a region, islands area or district.

Local elections rules

5.—(1) Subject to paragraph (2) below, elections of councillors for local government areas shall be conducted in accordance with the local elections rules

(a) 1983 c.2.

(b) S.I. 1974/82.

set out in Schedule 2 to these rules being the parliamentary elections rules(a) in Schedule 1 to the Representation of the People Act 1983 with adaptations, alterations and exceptions.

(2) In the application of the local elections rules set out in Schedule 2 to these rules to any election where the poll is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1985(b) the modifications set out in Schedule 3 to these rules shall apply.

Malcolm Rifkind, One of Her Majesty's Principal Secretaries of State.

New St. Andrew's House, Edinburgh.

16th December 1986.

(a) The parliamentary elections rules were amended, so far as is relevant, by section 19(5) of, paragraphs 4 to 7 of Schedule 2 to, paragraphs 74 to 86 of Schedule 4 to, and Schedule 5 to, the Representation of the People Act 1985 (c.50) and, where the poll at a parliamentary election is taken together with the poll at a local government election or a European Assembly election, by regulation 98 of the Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111).

(b) 1985 c.50.

Rule 3

SCHEDULE 1

REVOCATIONS

Rules revoked References
                The Scottish Local Elections Rules 1974 S.I. 1974/82
                The Scottish Local Elections Amendment S.I. 1977/120
                Rules 1977
                The Scottish Local Elections Amendment S.I. 1979/656
                Rules 1979
                The Scottish Local Elections Amendment S.I. 1984/352
                Rules 1984
                

Rule 5

SCHEDULE 2

LOCAL ELECTIONS RULES

RULES FOR CONDUCT OF A LOCAL GOVERNMENT ELECTION WHERE THE POLL IS NOT TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION

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

Notice of election

3. Notice of election.

Nomination

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 area.

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. Issue of official poll cards.

22. Equipment of polling stations.

23. Appointment of polling and counting agents.

24. Notification of requirement of secrecy.

The poll

25. Admission to polling station.

26. Keeping of order in station.

27. Sealing of ballot boxes.

28. Questions to be put to voters.

29. Challenge of voter.

30. Voting procedure.

31. Votes marked by presiding officer.

32. Voting by blind persons.

33. Tendered ballot papers.

34. Spoilt ballot papers.

35. Adjournment of poll in case of riot.

36. Procedure on close of poll.

Counting of votes

37. Attendance at counting of votes.

38. The count.

39. Re-count.

40. Rejected ballot papers.

41. Decisions on ballot papers.

42. Equality of votes.

PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

43. Declaration of result.

PART V

DISPOSAL OF DOCUMENTS

44. Sealing up of ballot papers.

45. Delivery of documents.

46. Orders for production of documents.

47. Retention and public inspection of documents.

PART VI

DEATH OF CANDIDATE

48. Countermand or abandonment of poll on death of candidate.

APPENDIX OF FORMS

Notice of election.

Nomination paper.

Notice of withdrawal.

Notice of uncontested election.

Ballot paper.

Notice of poll.

Declaration of identity.

Elector's official poll card.

Proxy's official poll card.

Directions for the guidance of the 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) Subject to paragraphs (2) and (3) below, the proceedings at the election shall be conducted in accordance with the following table:-

Timetable

 Proceeding Time
                1. Publication of notice of election On or within 7 days before the fifth
                 Tuesday before the day of election.
                2. Delivery of nomination papers Not later than 4.00p.m. on the fourth
                 Tuesday before the day of election.
                3. Delivery of notice of withdrawal Not later than 4.00p.m. on the third
                of nomination Thursday before the day of election.
                4. Notice in case of uncontested Not later than the Thursday before the
                election and notice of poll in day of election.
                contested election
                5. Polling Between the hours of 8 in the morning
                 and 9 at night on the day of election.
                

(2) At any election held under section 37 (filling of casual vacancies) of the Local Government (Scotland) Act 1973(a), the timetable prescribed in paragraph (1) above shall apply subject to any modifications necessary to secure completion of the proceedings listed in items 1 to 4 in the first column of that timetable, before the date fixed as the day of election by the returning officer under sub-section (1) of the said section 37.

(3) At any election held under section 45 (non-election of local authority etc.) of the Representation of the People Act 1983, the timetable in paragraph (1) above shall be subject to any direction made by the Secretary of State in exercise of the powers conferred on him by that section.

Computation of time

2.—(1) In computing any period of time for the purposes of the timetable -

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday, or

(c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll.

(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).

(3) In this rule "bank holiday" means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(b) in Scotland.

(a) 1973 c.65.

(b) 1971 c.80.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election

3. The returning officer shall publish notice of the election in the form in the Appendix to this Schedule, or a form to the like effect.

Nomination

Nomination of candidates

4.—(1) Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix to this Schedule, delivered at the place fixed for the purpose by the returning officer.

(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 shall, if desired, include a description in addition to the particulars required by paragraph (2); but the description shall not exceed 6 words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him.

Consent to nomination

5. A person shall not be validly nominated unless his consent to nomination is given in writing on the nomination paper on or within one month before the last day for the delivery of nomination papers.

Subscription of nomination paper

6.—(1) The nomination paper shall be subscribed by two electors as proposer and seconder, and by eight other electors as assenting to the nomination.

(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding 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.

(4) The returning officer -

(a) shall supply any elector with a nomination paper at the...

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