Scottish Local Government (Elections) Act 2002
Jurisdiction | Scotland |
Citation | 2002 asp 1 |
Year | 2002 |
- “(1B) Despite subsection (1) above—
- (a) if the poll at an ordinary general election is, under section 2(5) of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which enables the advancement or postponement, for up to a month, of the date of the poll at such an election) , to be held on the day proposed by the Presiding Officer for the purposes of that provision; or
- (b) if an extraordinary general election is, under section 3(2) of that Act (which enables the holding of such an election) , to be held on a day occurring within the relevant period, the Scottish Ministers may, by order, provide that the poll at the ordinary local election to be held that year shall be held on that day;
- “extraordinary general election” means a general election for membership of the Scottish Parliament held under section 3 of the 1998 Act;
- “ordinary general election” means a general election for membership of the Scottish Parliament held under section 2 of the 1998 Act;
- “ordinary local election” means an ordinary election of councillors for local government areas in Scotland held in accordance with section 5 of the 1994 Act and this Act;
- “relevant period” means the period beginning with 11th March in a year in which an ordinary local election falls to be held and ending with the day which immediately precedes the first Thursday in May in that year,
- “(2A) For the purposes of subsection (2) above, the “relevant date” is—
- (a) the first Thursday in May in the year in which the next ordinary election is to be held; or
- (b) where, by virtue of subsection (1) (b) of section 43 of the Representation of the People Act 1983 (c.2) , the poll at that election is to be held on another day, that other day.
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