The Scottish Local Government Elections Amendment Order 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/239 |
| Year | 2020 |
2020 No. 239
Representation Of The People
The Scottish Local Government Elections Amendment Order 2020
Made 7th August 2020
Laid before the Scottish Parliament 11th August 2020
Coming into force 9th September 2020
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1)(a) and 16(2)(a) and (3) of the Local Governance (Scotland) Act 20041and all other powers enabling them to do so.
In accordance with section 7(1) and (2)(j) of the Political Parties, Elections and Referendums Act 20002, they have consulted the Electoral Commission.
Citation, commencement, and transitional provision
1.—(1) This Order may be cited as the Scottish Local Government Elections Amendment Order 2020 and comes into force on 9 September 2020.
(2) The amendments made by this Order have no effect in relation to an election for which the notice of election is published on or before the day on which this Order comes into force.
Amendment of the Scottish Local Government Elections Order 2011
2. Schedule 1 of the Scottish Local Government Elections Order 20113(rules for conduct of a Scottish local government election where the poll is not taken together with the poll at another election) is amended in accordance with articles 3 to 10.
3. In rule 4 (nomination of candidates)—
(a) in paragraph (2) omit “and the candidate’s home address in full”,
(b) after paragraph (9) insert—
“10. The nomination paper must be accompanied by a form (in these rules referred to as a “home address form”), which states—
(a) the candidate’s—
(i) full name,
(ii) home address in full, and
(iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (12), qualifying addresses,
(b) which of the qualifications mentioned in paragraph (12) the qualifying address or qualifying addresses stated relate to,
(c) the witness’s—
(i) full name,
(ii) home address in full.
11. The home address form—
(a) may contain a statement made and signed by the candidate that they require their home address to be made public and,
(b) if it does not do so, it must—
(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area,
(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.
12. In this rule—
“witness” means the person who witnesses the candidate’s signature in accordance with rule 6(1),
“qualifying address” means—
(a) where the candidate has selected option (a) on the Nomination Paper, the address in full in respect of which the candidate is so registered as a local government elector,
(b) where the candidate has selected option (b) on the Nomination Paper, a description and the address of that land or premises which the candidate has occupied as owner or tenant,
(c) where the candidate has selected option (c) on the Nomination Paper, the address of that place of work,
(d) where the candidate has selected option (d) on the Nomination Paper, the address or addresses in full where the candidate has so resided.
“relevant area” means—
(a) in relation to a home address in Scotland, the local government area in which the address is situated,
(b) in relation to a home address in Northern Ireland, the local government district in which the address is situated,
(c) in relation to a home address in England—
(i) if the address is within a district for which there is a district council, that district,
(ii) if the address is within a county in which there are no districts with councils, that county,
(iii) if the address is within a London borough, that London borough,
(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London, and
(v) if the address is within the Isles of Scilly, the Isles of Scilly.
(d) in relation to a home address in Wales—
(i) if the address is within a county, that county,
(ii) if the address is within a county borough, that county borough.”.
4. In rule 6(3) (subscription of nomination paper) omit “and home address”.
5. In rule 7 (decisions as to validity of nomination papers)—
(a) in paragraph (1) for “nomination paper is” substitute “nomination paper and a home address form are”,
(b) in sub-paragraph (1)(a) after “nomination paper” insert “or the home address form”,
(c) after paragraph (2) insert—
“2A. The returning officer is entitled to hold a home address form invalid only if it does not comply with the requirements of rule 4(10) or 4(11).”,
(d) in paragraph (3) after “each nomination” insert “paper and home address form”,
(e)...
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