SCHEDULE 1
Rule 2
REVOCATIONS
Rules revoked |
References |
The Scottish Local Elections Rules 1986 |
|
The Scottish Local Elections Amendment (No. 2) Rules 1999 |
SCHEDULE 2
Rule 4(1)
SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES
RULES FOR CONDUCT OF A SCOTTISH 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 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.Issue of official poll-cards and notifications.
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 persons with disabilities.
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.
43.Declaration of result.
PART IV
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 V
DEATH OF CANDIDATE
48.Countermand or abandonment of poll on death of candidate.
APPENDIX OF FORMS
Notice of election.
Nomination paper.
Notice of uncontested election.
Ballot paper.
Notice of poll.
Declaration of identity.
Official poll card.
Proxy's official notification.
Directions for the guidance of the voters in voting.
Certificate of employment.
Declaration to be made by the companion of a voter with disabilities.
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 |
Not earlier than the twenty-eighth day before the date of the poll and not later than the twenty-first day before the date of the poll. |
2. Delivery of nomination papers |
Not later than 4.00 p.m. on any day after the date of the publication of the notice of election but not later than the sixteenth day before the date of the poll. |
3. Delivery of notice of withdrawal of nomination |
Within the time for the delivery of nomination papers at the election. |
4. Notice in case of uncontested election and notice of poll in contested election |
Not later than the Thursday before the day of election. |
5. Polling |
Between the hours of 8.00 a.m. and 9.00 p.m. on the date of the poll. |
(2) At any election held under section 37 (filling of casual vacancies) of the Local Government (Scotland) Act 1973( 6), 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( 7), the timetable in paragraph (1) above shall be subject to any direction made by the Scottish Ministers in exercise of the powers conferred 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, Good Friday or Easter Monday;(c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971( 8); or(d) 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) above.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
Notice of election
3. - (1) 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 stating-
(a) the place and times at which nomination papers are to be delivered;(b) that forms of such nomination papers may be obtained at that place and at those times; and(c) the date of the poll in the event of a contest.(2) The notice of election shall state the day by which-
(a) applications to vote by post or by proxy; and(b) other applications and notices about postal or proxy voting,must reach the electoral registration officer in order that they may be effective for the election.
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 either-
(a) the name of the candidate as it appears in the register of local government electors for any local government area within the area of the council for which such candidate is nominated together with the address and number on the register of the candidate, the surname being placed first; or(b) the full name of the candidate (with the surname first) and the 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) above; but the description (if any) must consist of either-
(a) a description (of not more than 6 words in length) which is authorised as mentioned in paragraph (4) below; or(b) the word "Independent".(4) A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the party is a qualifying party in relation to the local government area and the description is authorised by a certificate-
(a) issued by or on behalf of the registered nominating officer of the party, and(b) received by the returning officer at some time during the period for delivery of nomination papers set out in the table in rule 1.(5) A person shall be guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (4) above on behalf of a registered political party's nominating officer.
(6) For the purposes of the application of this rule in relation to an election-
(a) "registered political party" means a party which was registered under...