The Scottish Local Government Elections Order 2011

• (3) The packets shall be accompanied by a statement (in these rules referred to as the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting of them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

Counting of votes

Attendance at counting of votes

41

• (1) The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and shall give to the counting agents notice in writing of the time and place at which the returning officer will begin to count the votes.

• (2) No person other than—

• (a) the returning officer and the returning officer’s staff;

• (b) the candidates and one guest each;

• (c) the election agents;

• (d) the counting agents;

• (e) persons performing duties under a contract for services entered into in connection with the conduct of or administration of the election; and

• (f) a person who is entitled to attend by virtue of sections 6A to 6D of the Political Parties Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers),

may be present at the counting of the votes, unless permitted by the returning officer to attend.

• (3) A person may only be permitted by the returning officer to attend at the counting of the votes if the returning officer—

• (a) is satisfied that the efficient counting of the votes will not be impeded; and

• (b) has either consulted the election agents or thought it impracticable to do so.

• (4) The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties in connection with them.

Counting of votes

42

• (1) Subject to paragraphs(3) and (4), the returning officer shall provide an electronic counting system and the count shall be conducted by means of such electronic counting system.

• (2) For the purposes of enabling the count to be conducted using the electronic counting system the returning officer may carry out any functions or perform any procedure to be undertaken in connection with the count by electronic means and the references to ballot papers and parcels of ballot papers shall include references to such ballot papers or parcels in electronic form.

• (3) If it proves impossible or impracticable to conduct the count, or some or all of the operations comprising the count, using the electronic counting system, the returning officer may make arrangements for the count, or such operations, as the case may be, to be conducted by other means.

• (4) The returning officer may decide to conduct the count in respect of a by-election manually instead of using an electronic counting system.

The count

43

• (1) The returning officer shall—

• (a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it, checking the number against the ballot paper account;

• (b) if required to do so by a candidate or an election agent, in the presence of the election agents verify each ballot paper account; and

• (c) count such of the postal ballot papers as have been duly returned and record the number counted.

• (2) A postal ballot paper shall not be deemed to be duly returned unless it is returned—

• (a) by hand to a polling station in the same local government area; or

• (b) by hand or post to the returning officer,

before the close of the poll and is accompanied by the postal voting statement duly completed.

• (3) The returning officer shall not count any tendered ballot paper.

• (4) The returning officer, while counting and recording the number of ballot papers and counting the votes, shall take all proper precautions for preventing any person from identifying the voter who cast the vote.

• (5) Where under paragraph(1)(b) the returning officer is required to verify each ballot paper account, the returning officer shall do so by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

• (6) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the returning officer may, insofar as the returning officer and the agents agree, exclude any hours between 7p.m. and 9a.m. on the following morning and for the purposes of this exception the agreement of a candidate or such candidate’s election agent shall be as effective as the agreement of such candidate’s counting agents.

• (7) During the time so excluded the returning officer shall—

• (a) place the ballot papers and other documents relating to the election under the returning officer’s own seal and the seals of such of the counting agents as desire to affix their seals; and

• (b) otherwise take proper precautions for the security of the papers and documents.

Rejected ballot papers

44

• (1) Any ballot paper—

• (a) which does not bear a unique identifying mark in a form that is capable of being read by electronic means;

• (b) on which a number standing alone is not placed so as to indicate a first preference for some candidate;

• (c) on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate;

• (d) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back; or

• (e) which is unmarked or void for uncertainty,

shall, subject to paragraph(2), be void and not counted.

• (2) A ballot paper on which the vote is marked—

• (a) elsewhere than in the proper place;

• (b) otherwise than by means of a figure indicating a first or subsequent preference; or

• (c) by more than one mark,

shall not for such reason be deemed to be void by reason only of indicating a preference by the use of words (or any other mark) instead of figures, if in the opinion of the returning officer the word or mark clearly indicates a preference or preferences, and the way the paper is marked does not itself identify the voter and it is not shown that such voter can be identified by it.

• (3) The returning officer shall mark as rejected any ballot paper which under this rule is not to be counted, and shall add to that mark that the rejection is objected to if any counting agent objects to the rejection.

• (4) The returning officer shall draw up a statement showing the number of ballot papers rejected under each of sub‑paragraphs(a) to (e) of paragraph(1).

Decisions on ballot papers

45

The decision of the returning officer, whether express or implied, on any question arising in respect of a ballot paper, the exclusion of a candidate or the transfer of votes shall be final, but shall be subject to review on an election petition.

First stage

46

• (1) The returning officer shall sort the valid ballot papers into parcels according to the candidates for whom first preference votes are given.

• (2) The returning officer shall then—

• (a) count the number of ballot papers in each parcel;

• (b) credit the candidate receiving the first preference vote with one vote for each ballot paper; and

• (c) record those numbers.

• (3) The returning officer shall also ascertain and record the total number of valid ballot papers.

The quota

47

• (1) The returning officer shall divide the total number of valid ballot papers for the electoral ward by a number exceeding by one the number of councillors to be elected at the election for that electoral ward.

• (2) The result of the division under paragraph(1) (ignoring any decimal places), increased by one, is the number of votes sufficient to secure the return of a candidate as a councillor (in these rules referred to as the “quota”).

Return of councillors

48

• (1) Where, at any stage of the count, the number of votes for a candidate equals or exceeds the quota, the candidate is deemed to be elected.

• (2) A candidate is returned as a councillor when declared to be elected in accordance with rule56(a).

Transfer of surplus votes

49

• (1) Where, at the end of any stage of the count, the number of votes credited to any candidate exceeds the quota and, subject to rules 50 and 53, one or more vacancies remain to be filled, the returning officer shall sort the ballot papers received by that candidate into further parcels so that they are grouped—

• (a) according to the next available preference given on those papers; and

• (b) where no such preference is given, as a parcel of non‑transferable papers.

• (2) The returning officer shall, in accordance with this rule and rule50, transfer each parcel of ballot papers referred to in paragraph(1)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with paragraph(3).

• (3) The vote on each ballot paper transferred under paragraph(2) shall have a value (“the transfer value”) calculated as follows—

• A divided by B

Transfer of surplus votes – supplementary provisions

50

• (1) If, at the end of any stage of the count, the number of votes credited to two or more candidates exceeds the quota the returning officer shall—

• (a) first sort the ballot papers of the candidate with the highest surplus; and

• (b) then transfer the transferable papers of that candidate.

• (2) If the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest number of votes at the end of the most recent preceding stage at which they had unequal numbers of votes shall be transferred first.

• (3) If the numbers of votes credited to two or more candidates were equal at all stages of the count, the returning officer shall decide, by lot, which candidate’s transferable papers are to be transferred first.

Exclusion of candidates

51

• (1) If, one or more vacancies remain to be filled and—

• (a) the returning officer has transferred all ballot papers which are required by rule49 or this rule to be transferred; or

• (b) there are no ballot papers to be transferred under rule49 or this rule,

the returning officer shall exclude from the election at that stage the candidate with the then lowest number of votes.

• (2) The returning officer shall sort the ballot papers for the candidate excluded under paragraph(1) into parcels so that they are grouped—

• (a) according to the next available preference given on those papers; and

• (b) where no such preference is given, as a parcel of non‑transferable papers.

• (3) The returning officer shall, in accordance with this rule, transfer each parcel of ballot papers referred to in paragraph(2)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with paragraph (4).

• (4) The vote on each ballot paper transferred under paragraph(3) shall have a transfer value of one unless the vote was transferred to the excluded candidate in which case it shall have the same transfer value as when transferred to the candidate excluded under paragraph (1).

• (5) This rule is subject to rule53.

Exclusion of candidates – supplementary provisions

52

• (1) If, when a candidate has to be excluded under rule51—

• (a) two or more candidates each have the same number of votes; and

• (b) no other candidate has fewer votes,

paragraph(2) applies.

• (2) Where this paragraph applies—

• (a) regard shall be had to the total number of votes credited to those candidates at the end of the most recently preceding stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

• (b) where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide, by lot, which of those candidates is to be excluded.

Filling of last vacancies

53

• (1) Where the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates are deemed to be elected.

• (2) Where the last vacancies can be filled under this rule, no further transfer shall be made.

Re‑count

54

• (1) A candidate or such candidate’s election agent may, if present when the counting or re‑counting of the votes is completed, require the returning officer to have the votes re‑counted or again re‑counted but the returning officer may refuse to do so if in the returning officer’s opinion the request is unreasonable.

• (2) No step shall be taken on the completion of the counting or any re‑counting of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Counting of votes by means other than electronic counting

55

Where in accordance with rule 42(3) or (4) the returning officer makes arrangements for the count to be conducted other than by means of an electronic counting system these rules shall apply with the following modifications—

• (a) in rule 43—

• (i) after paragraph (1) insert—

(1A) The returning officer shall not count the votes given on any ballot papers until the ballot papers from a ballot box have been mixed with at least one other ballot box.

• (ii) for paragraph(4) substitute—

(4) The returning officer, while counting and recording the number of ballot papers and confirming the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

• (b) in rule 44 for paragraph (1)(a) substitute, “(a)which does not bear or contain an official mark;”;

• (c) in rule 53 after paragraph (1) insert—

(1A) Where only onevacancy remains unfilled and the number of votes then credited to any onecontinuing candidate (“the highest continuing candidate”) is equal to or greater than the total number of votes then credited to all the other continuing candidates, the highest continuing candidate is deemed to be elected.

; and

• (d) in rule57—

• (i) for paragraph (1) substitute—

(1) On the completion of the counting at a contested election, the returning officer shall seal up in separate packets the counted and rejected ballot papers.

; and

• (ii) omit paragraphs (3) and (4).

Declaration of result

56

In a contested election, when the result of the poll has been ascertained, the returning officer shall—

• (a) declare to be elected the candidates who have been deemed to be elected as councillors under this Part;

• (b) give notice of the names of the candidates elected to the proper officer of the council for which the election was held; and

• (c) give public notice of—

• (i) the name of the candidates elected;

• (ii) the number of first and subsequent preferences for each candidate;

• (iii) the numbers of ballot papers transferred and their transfer values at each stage of the count;

• (iv) the number of votes credited to each candidate at each stage of the count;

• (v) the number of non‑transferable ballot papers and the number of non-transferable votes at each stage of the count; and

• (vi) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

PART IV — DISPOSAL OF DOCUMENTS

Sealing up of ballot papers

57

• (1) On the completion of the counting at a contested election the returning officer shall seal up in packets the ballot papers and a complete electronic copy of the information stored in the electronic counting system held in a device suitable for the purposes of its storage.

• (2) The returning officer shall not open the sealed packets of—

• (a) tendered ballot papers;

• (b) the completed corresponding number lists;

• (c) certificates as to employment on duty on the day of the poll; or

• (d) marked copies of the register of electors and any notices setting out an alteration to the register of electors referred to in rule19(b), marked copies of the postal voters list, the list of proxies and the proxy postal voters list.

• (3) As soon as reasonably practicable after the electronic copy mentioned in paragraph(1) has been stored in accordance with that paragraph, the returning officer shall obtain a copy of such information as may be required to comply with the requirements of rule 61 (publication of voting information) and shall then procure that all original electronic data or records relating to the election are removed from the electronic counting system and that it (and any copy of that data or records other than a copy made pursuant to paragraph(1) or to comply with the requirements of rule 61) are destroyed in a manner which ensures that the confidentiality of the data or records is preserved.

• (4) Any information retained to comply with the requirements of rule 61 may be used only for that purpose and the returning officer must, in keeping and using it, take all reasonable steps to maintain the secrecy of voting.

Delivery of documents

58

The returning officer shall then forward to the proper officer of the council for which the election was held the following documents:—

• (a) the packets of ballot papers in the returning officer’s possession;

• (b) the ballot paper accounts and the statements of rejected ballot papers and of the result of any verification of the ballot paper accounts;

• (c) the tendered votes list, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer, the lists maintained under rule38, and the declarations made by the companions of voters with disabilities;

• (d) the packets of the completed corresponding number lists;

• (e) the packets of certificates as to employment on duty on the day of the poll;

• (f) the packets containing marked copies of registers (including any notices setting out an alteration to the register of electors referred to in rule 19(1), the marked copies of the postal voters list, the list of proxies and the proxy postal voters list); and

• (g) the electronic copy of information made pursuant to rule57(1),

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the electoral ward for which the election was held.

Orders for production of documents

59

• (1) An order—

• (a) for the inspection or production of any rejected ballot papers in the custody of the proper officer of the council;

• (b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in such officer’s custody; or

• (c) for the inspection or production of information held on an electronic copy of information made pursuant to rule 57(1),

may be made by the sheriff principal having jurisdiction in the local government area and, where more than one sheriff principal has jurisdiction in the said area, by any such sheriff principal, on being satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

• (2) An order for the opening of a sealed packet of the completed corresponding number lists or of certificates or for the inspection of any counted ballot papers or information held on an electronic copy of information made pursuant to rule57(1) in the custody of the proper officer of the council may be made by an election court.

• (3) An order under this rule may be made subject to such conditions as to—

• (a) persons;

• (b) time;

• (c) place and mode of inspection; and

• (d) production or opening,

as the sheriff principal or election court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates or for the inspection of counted ballot papers or information held on an electronic copy of information made pursuant to rule57(1), care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

• (i) that such vote was given; and

• (ii) that such vote has been declared by a competent court to be invalid.

• (4) An appeal lies to the Court of Session from any order of a sheriff principal under this rule.

• (5) Any power given under this rule to a sheriff principal may be exercised otherwise than in open court.

• (6) Where an order is made for the production by the proper officer of the council of any document in such officer’s possession relating to any specified election—

• (a) the production by such officer or the officer’s agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

• (b) any endorsement on any packet of ballot papers so produced shall be primafacie evidence that the ballot papers are what they are stated to be by the endorsement.

• (7) The production from proper custody of—

• (a) a ballot paper purporting to have been used at any election; and

• (b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act (notice of alteration in the register) at the time of the election contained the same number as the number written as mentioned in sub‑paragraph (b).

• (8) Except as provided by this rule, no person shall be allowed to—

• (a) inspect any rejected or counted ballot papers in the possession of the proper officer of the council or any information held on an electronic copy made pursuant to rule57(1); or

• (b) open any sealed packet of the completed corresponding number list or of certificates.

Retention of documents

60

The proper officer of the council shall retain amongst the records of the council for one year—

• (a) all documents; and

• (b) all electronic copies of information made under rule57(1)

relating to an election forwarded to such officer in pursuance of these rules by a returning officer, and at the expiry of that period shall, unless otherwise directed by an order of a sheriff principal or an election court, cause them to be destroyed.

PART V — PUBLICATION OF VOTING INFORMATION

61

• (1) In a contested election where the count is conducted by means of an electronic counting system, the returning officer must (except as provided for by paragraph (6)) give public notice of the information specified in paragraphs(2) and (4) (“the information”), within one week following the declaration of the result of the poll.

• (2) The information is, for each polling station (except as provided for by paragraph(3))—

• (a) the number of first and subsequent preferences for each candidate;

• (b) the numbers of ballot papers transferred and their transfer values at each stage of the count;

• (c) the number of votes credited to each candidate at each stage of the count;

• (d) the number of non-transferable ballot papers at each stage of the count; and

• (e) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

• (3) Where in total less than 200votes were cast at a polling station the returning officer is to give public notice of the information for that polling station aggregated with (and indistinguishable from) that information from one or more other polling stations in the same ward, being such polling stations as the returning officer sees fit, such that as aggregated the information will include in total no less than 200 votes.

• (4) The information is, for postal ballot papers (except as provided for by paragraph(5)) the information specified in paragraph2(a) to (e).

• (5) Where in total less than 200postal votes were cast in a ward, the information to be published in respect of those postal ballot papers is only the number of postal votes cast.

• (6) Where in total less than 200 votes were cast at polling stations in a ward, no public notice of the information is to be given.

• (7) Once public notice of the information and the postal ballot information has been given, the returning officer must as soon as reasonably practicable procure the destruction of any electronic data or other records retained under rule 57(3) pursuant to this rule, in a manner which ensures that their confidentiality is preserved.

PART VI — DEATH OF CANDIDATE

Independent candidate

62

• (1) This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as an independent candidate in the ballot papers for a particular electoral ward has died.

• (2) Subject to this rule and rules 63 and 64, these rules apply to the election as if the candidate had not died.

• (3) The following provisions of these rules do not apply in relation to the deceased candidate–

• (a) rule 28(1)(c) and (d) (admission to polling station); and

• (b) rule 41(2)(b) to (d) (attendance at count).

• (4) If there are an equal number of remaining candidates and vacancies the returning officer must—

• (a) if polling has not begun, countermand the notice of poll;

• (b) if polling has begun, direct that the poll is abandoned;

• (c) subject to rule 66, treat the election as an uncontested election.

• (5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description on the candidate’s nomination paper is the word “Independent” or the candidate has no description on that nomination paper.

Deceased independent candidate wins

63

• (1) This rule applies if at an election mentioned in rule 62(1) the deceased candidate obtains sufficient votes to be elected.

• (2) Rule 56 (declaration of result) does not apply but the returning officer must—

• (a) declare that the deceased candidate has obtained sufficient votes to be elected;

• (b) declare that no member is returned; and

• (c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

• (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

• (4) The new notice of election must be published on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 62(1).

• (5) No fresh nomination is necessary in the case of a person shown in the notice of poll previously published pursuant to rule20, and no other nomination may be made.

• (6) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) may be delivered is the seventh working day after the day on which the new notice of election is published.

• (7) Subject to paragraph(8), the poll must be held on a day in the period “the first period” which starts 21 working days after the day on which the new notice of election is published and ends 28 working days after that day.

• (8) If any of the days within the first period is a day in the period which starts with 22ndDecember and ends with 3rdJanuary following, the day of the poll may be held in the period which starts 25 working days after the day on which the new notice is published and ends 32working days after that day.

• (9) For the purposes of this rule a working day is a day which is not a day specified in rule2(1)(a) to (d).

Deceased independent candidate with equality of votes

64

In an election mentioned in rule 62(1), if at any stage of the count the number of votes credited to a deceased candidate is equal with the number of votes credited to another candidate, the number of votes credited to the deceased candidate must be regarded for the purposes of that stage as being the lower number.

Party candidate

65

• (1) This rule applies if—

• (a) at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died; and

• (b) that person is standing in the name of a registered political party.

• (2) The returning officer must—

• (a) countermand notice of the poll; or

• (b) if polling has begun, direct that the poll be abandoned.

• (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

• (4) The new notice of election must be published on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.

• (5) No fresh nomination is necessary in the case of a person shown in the notice of poll previously published pursuant to rule20.

• (6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.

• (7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the notice is published.

• (8) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the notice is published.

• (9) Subject to paragraph(10), the poll must be held on a day in the period (“the first period”) which starts 21 working days after the day on which the notice is published and ends 28 working days after that day.

• (10) If any of the days within the first period is a day in the period which starts with 22ndDecember and ends with 3rdJanuary following, the day of the poll may be held in the period which starts 25 working days after the day on which the new notice is published and ends 32working days after that day.

• (11) For the purposes of this rule—

• (a) a person stands in the name of a registered political party if that person’s nomination paper contains a description which is authorised as mentioned in rule 4(5) or (7).

• (b) a working day is a day which is not a day specified in rule 2(1)(a) to (d).

Abandoned poll

66

• (1) This rule applies to a poll which is abandoned in pursuance of rule 62(4)(b) or rule65(2)(b).

• (2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as the presiding officer is required to take on the close of the poll.

• (3) The returning officer must dispose of ballot papers and other documents in that officer’s possession as would be required on the completion of the counting of the votes.

• (4) It is not necessary for a ballot paper account to be prepared or verified.

• (5) No step or further step is to be taken for the counting of the ballot papers or of the votes.

• (6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

• (7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

• (8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

• (9) No order is to be made for—

• (a) the production or inspection of any ballot papers; or

• (b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.

PART VII — FORMS FOR USE AT SCOTTISH LOCAL GOVERNMENT ELECTIONS

The forms contained in this Part may be adapted so far as circumstances require and, in particular, may relate to one or more electoral wards.

FORM 4

(back of form)

1

On the ballot paper, number the candidates in order of your choice. You can make as many choices as you wish. Put the number 1 in the box next to the name of the candidate who is your first choice, then put 2 in the box next to the name of the candidate who is your second choice, 3 in the box next to your third choice, and so on. If you need help from someone to complete the ballot paper, they must not tell anyone who you have voted for.

2

Do not put any other marks on the ballot paper. If you do, your vote might not be counted.

3

You must provide [**your signature and] date of birth on the postal voting statement. If you do not, it will be invalid and your vote will not be counted.

4

Put the ballot paper in the envelope marked A and seal it. Then put this envelope together with the postal voting statement in the larger envelope marked B and seal it. Post the envelope back quickly. The ballot paper must be received by the returning officer not later than the close of poll. It may be posted to the returning officer before polling day or delivered by hand to any polling station in the local authority area on polling day before the poll closes.

5

If you get more than one ballot paper, by accident, then just use one. Remember that it is an offence to vote more than once in the same election (unless you are voting for someone else- by proxy).

6

Remember, if you have received a postal vote you cannot vote in person at the polling station even if you have a poll card. If you are voting, you must use the ballot paper sent to you. Your postal vote can be handed into any polling station in the local authority area on polling day before the poll closes.

7

If you make a mistake on the ballot paper you can ask the returning officer for another one up until 5 p.m. on the day before polling day. You will need to return everything you have received (ballot paper, postal voting statement and the envelopes). You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

8

If you lose the ballot paper, postal voting statement or accompanying envelopes you may apply to the returning officer for a replacement ballot paper. The application may be made from the fourth day before the poll up until 5p.m. on the day before polling day. You will be required to provide evidence of your identity.

9

If you want to apply for a replacement ballot paper after 5p.m. on the day before polling day and up to 5pm on polling day, you must do so in person at the address shown below. You will be required to provide evidence of identity.

REMINDER

1

Have you remembered to [**sign your name and] provide your date of birth on the postal voting statement?

2

Have you put your ballot paper in the envelope A and sealed it?

3

Have you put envelope A together with the postal voting statement into envelope B and sealed it?

4

You must make sure that you send your postal vote to the returning officer or deliver it to the polling station before the close of poll at 10 p.m. on (insert date).

Back of card

*This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.

• When you go to the polling station, tell the clerk your name and address, as shown on the front of the card. The clerk will give you a ballot paper.

Go to one of the compartments. Number the candidates in the order of your choice. You can make as many choices as you wish. Put the number 1 in the box next to the name of the candidate who is your first choice, 2 in the box next to your second choice, 3 in the box next to your third choice, and so on.

Put no other mark on the ballot paper, or your vote may not be counted.

Do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.

If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

If you have appointed a proxy to vote in person for you, you may nevertheless vote at this election if you do so before your proxy has voted on your behalf.

If you have been given a postal vote, you will not be entitled to vote in person at this election, so please ignore this poll card.

If you need further help, please ring (insert telephone number).

Where a poll card is sent to an anonymous elector, substitute the following for the paragraphs marked with * above

You must have this card with you when you vote. You cannot vote without it.

When you go to the polling station, ask to speak to the presiding officer and show this card to the officer.

The presiding officer will confirm your entry on the register.

Back of card

This card is to give you information about voting by post. If you have appointed a proxy to vote by post for you, you will not receive postal voting papers.

When you receive your postal voting pack, please read the “Instructions to the Voter” before completing your postal ballot paper.

Mark your vote secretly. If you cannot vote without help, the person assisting you must not disclose how you have voted.

You must sign the postal voting statement (unless you have been granted a waiver by the returning officer) and provide your date of birth. This is a security measure, it will not affect your vote or mean that it can be identified. Without this, the statement will not be valid and your vote will not be counted.

If you lose or accidentally spoil your postal ballot papers, please call (helpline number) as soon as possible. Replacement ballot papers cannot be issued after 5 p.m. on (insert day and date of poll).

Complete and return your postal vote as soon as possible. If you have not posted your vote before (insert day and date of poll), you can deliver your vote to any polling station in your local authority area.

It is an offence to vote using a ballot paper that is not addressed to you.

You cannot vote in person at a polling station at these elections unless you cancel your postal vote before 5 p.m. on (insert date eleven working days before the date of poll).

If you need further help, please call [helpline number].

It is an offence to vote using a ballot paper that was not addressed to you

SCHEDULE 2 — MODIFICATIONS TO THE LOCAL GOVERNMENT ELECTIONS RULES IN SCHEDULE1 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION UNDER SECTION15(1) OR(2) OF THE REPRESENTATION OF THE PEOPLE ACT 1985[^f00028]

1

At the end of rule 14(2) (the ballot papers) insert—

(f) the ballot paper shall be of a different colour from that of any ballot papers used at an election the poll at which is taken together with the poll at the local government election

2

At the end of rule20 (notice of poll) insert—

(5) The notice published under paragraph(4) shall— (a) state that the poll at the local election is to be taken together with the poll at a parliamentary or a European Parliamentary election; (b) specify the parliamentary or European Parliamentary constituency; and (c) where the polls are to be taken together in part of the local government area only, specify that part.

3

After rule22(2) insert—

(2A) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral ward shall, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral ward.

4

At the end of rule24 (issue of official poll cards and notifications) insert—

(6) An official poll card or notification issued under this rule may be combined with the official poll card or notification issued at a parliamentary election or European Parliamentary election.

5

After rule25(1) (equipment of polling stations) insert—

(1A) The same ballot box may be used for the poll at the local government election and the poll at the parliamentary election or European Parliamentary election.

6

For rule25(4) (equipment of polling stations) substitute—

(4) The following notice shall be printed in conspicuous characters and a graphical format and be exhibited inside and outside every polling station and in every compartment of every polling station— - PARLIAMENTARY ELECTION - ([Specify colour] ballot paper) - Vote for one candidate only. - [Specify name of council.] COUNCIL ELECTION - ([Specify colour] ballot paper) - Instead of using a cross, number the candidates in the order of your choice. Put the number 1 in the box next to the name of the candidate who is your first choice, 2 in the box next to your second choice, 3 in the box next to your third choice and so on. - EUROPEAN PARLIAMENTARY ELECTION - ([Specify colour] ballot paper) - Vote for one party or candidate only. - PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT COUNT. - *Delete as necessary.

7

After rule26(3) (appointment of polling and counting agents) insert—

(3A) Notices of the appointment of polling agents which are required by paragraph(3) above and paragraphs(4) and(5) to be given to the returning officer shall be given to that returning officer who discharges the functions specified in regulation 96 of the Representation of the People (Scotland) Regulations 1986[^f00029].

8

In questions 1(a) and (b) and question 4 of rule31(3) (questions to be put to voters) after “this election” insert “for this local government area”.

9

At the end of rule 33 (voting procedure) insert—

(7) The same copy of the register of electors or the notice issued under section 13B(3B) or (3D) of the 1983 Act may be used under paragraph(1) for each election and one mark may be placed in that register under paragraph(1)(c) or in the list of proxies under paragraph(1)(d) to denote that a ballot paper has been issued in respect of each election, except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which ballot paper was issued.

10

After rule34(3) (votes marked by presiding officer) insert—

(4) The list referred to in paragraph(2) may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

11

After rule35(6) (voting by persons with disabilities) insert—

(6A) The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.

12

At the end of rule36(7) (tendered ballot papers) insert—

and the same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

13

At the end of rule39(1) (adjournment of poll in case of riot) insert—

who discharges the functions specified in regulation 96 of the Representation of the People (Scotland) Regulations 1986.

14

After rule40(1) (procedure on close of poll) insert—

(1A) The contents of the packets referred to in sub‑paragraphs(b), (c) and(e) of paragraph(1) shall not be combined with the contents of the packets made under the corresponding rule that applies at a parliamentary election or European Parliamentary election; nor shall the statement prepared under paragraph(3) be so combined. (1B) References to the returning officer in paragraph(1) are references to the returning officer who discharges the functions specified in regulation96 of the Representation of the People (Scotland) Regulations 1986.

15

For rule41(1) (attendance at counting of votes) substitute—

(1) Where the returning officer at the local government election discharges the functions specified in regulation96 of the Representation of the People (Scotland) Regulations 1986, such returning officer shall make arrangements for discharging the functions under rule43(1) (as substituted by Schedule2 to this Order) in the presence of the counting agents appointed for the purposes of the local government election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and shall give to those counting agents notice in writing of the time and place at which such returning officer will begin to discharge the functions under rule43(1) (as so substituted). (1A) Where the returning officer at the local government election does not discharge the functions specified in regulation96 of the Representation of the People (Scotland) Regulations 1986, such returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to such returning officer by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time after which such returning officer will begin to count the votes if by then such returning officer has received the ballot papers, and of the place at which that count will take place.

16

In rule41(2) before “at the counting of the votes” there shall be inserted “at the proceedings under rule43(1) (as so substituted) or”.

17

In rule41(3) before the words “counting of the votes” in the first place where they occur, insert “proceedings under rule43(1) (as so substituted) or the” and before “the efficient” insert “the efficient separating of the ballot papers or, as the case may be,”.

18

For rule43(1) (the count) substitute—

(1) Where the returning officer at the local government election discharges the functions specified in regulation96 of the Representation of the People (Scotland) Regulations 1986, such returning officer shall— (a) in the presence of the counting agents appointed for the purposes of the local government election open each ballot box and record separately the number of ballot papers used in each election, checking the number against the ballot paper account; (b) if required to do so by a candidate or election agent, in the presence of the election agents appointed for the purposes of the local government election verify each ballot paper account; (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election; (d) separate the ballot papers relating to the local government election from the ballot papers relating to the parliamentary election, or, as the case may be, European Parliamentary election; (e) make up into packets the ballot papers for each election other than the local government election and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate; (f) deliver or cause to be delivered to the returning officer for the election to which the ballot papers relate— (i) those containers, together with a list of them and of the contents of each; and (ii) the ballot paper accounts, together with a copy of the statement as to the result of their verification, if any, in respect of that election; and (g) at the same time deliver or cause to be delivered to that officer packets which so relate containing— (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; and (iii) the completed corresponding number list and the certificates as to employment on duty on the day of the poll. (2ZA) After completion of the proceedings under paragraph(1), the returning officer shall mix together all of the ballot papers used at the local government election, and count the votes given on them. (2ZB) Where the returning officer at the local government election does not discharge the functions specified in regulation96 of the Representation of the People (Scotland) Regulations 1986, such returning officer shall— (a) on receipt of containers from the returning officer who does discharge those functions and after the time specified in the notice given under rule41(1A) (as substituted by Schedule2 to this Order) in the presence of counting agents, open each container; (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation76 of the Representation of the People (Scotland) Regulations 1986, count such of the postal ballot papers as have been duly returned and record the number counted; and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them. (2ZC) Paragraph(5) does not apply to these proceedings.

19

At the end of rule58 (delivery of documents) insert—

and at an election where the returning officer does not discharge the functions referred to in regulation 96 of the Representation of the People (Scotland) Regulations 1986[^f00030], this rule shall have effect as if paragraphs (c), (e) and (f) were omitted.

20

In rule62 (countermand or abandonment of poll on death of independent candidate)—

• (a) at the end of paragraph(1) insert—

provided that neither the countermand of the poll at the local government election nor the direction that that poll be abandoned shall affect the poll at the parliamentary election, or, as the case may be, European Parliamentary election.

; and

• (b) after paragraph(1) insert—

(1A) Where the poll at the local government election is abandoned by reason of a candidate’s death, at the close of the poll for the parliamentary election, or as the case may be, European Parliamentary election, the presiding officer shall take the like steps for the delivery to the returning officer of the ballot boxes and of ballot papers and other documents as such presiding officer would be required to do if the poll at the local government election had not been abandoned, and the returning officer shall dispose of ballot papers used at the local government election (at which a candidate has died) as such presiding officer is required to do in accordance with rule66, following the separation of the ballot papers relating to the parliamentary or European Parliamentary election, from the ballot papers used at the local government election (at which a candidate has died).

21

In Schedule 1, for Form6 (the Corresponding Number List), substitute the form set out in Schedule 3 to this Order where the local government election is combined with another election or referendum.

22

In Schedule1, for Form8 (the postal voting statement) substitute the form set out in Schedule4 to this Order where the proceedings on the issue and receipt of postal ballot papers at the local government election are taken together with those proceedings at another election under regulation76 of the Representation of the People (Scotland) Regulations 1986[^f00031].

23

In Schedule1, for Form13 (the form of directions for the guidance of the voters) substitute—

(1) Go to one of the compartments. You may vote once only on each ballot paper for parliamentary and European parliamentary elections. For ballot papers for local government elections, you can make as many choices as you want (see note 3 below). (2) Mark your choice with a cross (X) on the [colour] ballot paper for the [parliamentary] or [colour] ballot paper for the [European parliamentary] election. (3) On the [colour] ballot of paper for the local government election, you can make as many choices as you wish. Mark the figure ‘1’ opposite the name of the candidate who is your first choice, then the figure ‘2’ opposite the name of the candidate who is your second choice, then the figure‘3’ opposite the name of the candidate who is your third choice and so on. (4) Put no other mark on each ballot paper, or your votes may not count. (5) Do not let anyone see how you voted. Put the ballot papers in the ballot boxes marked in the same colour and leave the place. (6) If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

24

In Schedule1, in Form15 (the form of declaration to be made by the companion of a voter with disabilities) for the word “election” in the three places where it occurs substitute “elections”.

SCHEDULE 3 — FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2

SCHEDULE 4 — FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH22 OF SCHEDULE2

POSTAL VOTING STATEMENT FOR A POSTAL VOTE AT PARLIAMENTARY OR EUROPEAN PARLIAMENTARY ELECTION WHICH IS TAKEN WITH THE LOCAL GOVERNMENT ELECTION AND THE PROCEEDINGS ON THE ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS IN RESPECT OF EACH ELECTION ARE TAKEN TOGETHER

Your vote is personal – complete the ballot paper yourself and in private.

1

On the [colour] (Parliamentary Election)/(European Parliamentary Election)* ballot paper(s), mark a cross (x) in the box opposite the name of the candidate or party you are voting for.

2

On the [colour] ballot paper for the local government election number the candidates in the order of your choice instead of using a cross. You can make as many choices as you wish. Put the number 1 in the box next to your first choice, 2 in the box next to your second choice, 3 in the box next to your third choice, and so on.

3

Do not put any other marks on the ballot paper. If you do, your vote might not be counted.

4

Complete your ballot papers in secret. If you need someone to help you complete them, they must not tell anyone who you have voted for.

5

You must provide [**your signature and] date of birth on the postal voting statement. If you do not, it will be invalid and your vote will not be counted.

6

Put the ballot papers in the envelope marked A and seal it. Then put this envelope together with the postal voting statement in the larger envelope markedB and seal it. Post the envelope back quickly. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of poll. They may be posted to the returning officer before polling day or delivered by hand to any polling station in the local authority area on polling day.

7

If you get more than one ballot paper of the same colour, by accident, then just use one. Please remember that it is illegal to vote more than once in the same election (unless you are voting for someone else – by proxy).

8

Remember, as you have received a postal vote you cannot vote in person at the polling station even if you have an official poll card. If you are voting, you must use the ballot paper sent to you. Your postal vote can be handed into any polling station in the local authority area on polling day before the poll closes.

9

If you make a mistake on the ballot paper you can ask the returning officer for another one up until 5 p.m. on the day before polling day. You will need to return everything you have received (ballot paper, postal voting statement and the envelopes). You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

10

If you lose the ballot paper, postal voting statement or accompanying envelopes by the third day before polling day, you may apply to the returning officer for a replacement ballot paper up until 5p.m. on the day before polling day. You will be required to produce evidence of your identity.

11

If you want to apply for a replacement ballot paper after 5p.m. on the day before polling day and up to 5p.m. on polling day, you must do so in person at the address shown below. You will be required to provide evidence of your identity.

REMINDER

1

Have you remembered to [**sign your name and] provide your date of birth on the postal voting statement?

2

Have you put your ballot paper in the envelope A and sealed it?

3

Have you put envelope A together with the postal voting statement into envelope B and sealed it?

4

You must make sure then that you send your postal vote to the returning officer or deliver it to the polling station before the close of poll at 10 p.m. on (insert date).

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 10th November 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, which revokes and replaces the Scottish Local Elections Order 2007 (“the 2007 Order”), provides for the conduct of elections of members of local authorities.

Article3 provides that such elections shall be conducted in accordance with the rules set out in Schedule1 to the Order. Article2 defines various terms used in the Order. Article6 makes saving provision to provide that the Order applies to the local government elections to be held on 3rdMay 2012 and subsequent elections but not to any election held before that date, to which the 2007 Order will continue to apply.

Schedule1 to the Order sets out the rules which apply for the purpose of the conduct of local government elections. These rules contain some differences from the rules in the 2007 Order, in many cases to follow amendments made to the parliamentary elections rules.

In particular, rule 1 (timetable) now provides that nomination papers must be delivered by not later than the 23rd day before the poll, rather than the 16th day. Rule 4 (nomination of candidates) allows for use of commonly used names instead of other names. There are changes to rule 19 (supply of free copy of register, lists and notices), rule 22 (provision of polling stations), rule 24 (issue of official poll cards and notifications) and rule 26 (appointment of polling and counting agents). Rule 27 (requirement of secrecy) now includes a prohibition on publication of exit polls, in line with other elections.

Rule 33 (voting procedure) clarifies that where a person is waiting to cast their vote at a polling station at the close of the poll, they must be permitted to vote.

Changes have been made to the rules for counting of votes and retention of documents. Rule 42 (counting of votes) allows non-electronic counting of votes at a by-election and rule 44 (rejected ballot papers) permits void ballot papers to be so marked electronically. Rule 60 (retention of documents) requires that information be kept by the proper officer of the council for one year after a poll, rather than requiring electronic information to be kept for four years. Rule 61 (publication of voting information) has been introduced to make some voting information available after a poll where electronic counting is used, with safeguards to ensure that the secrecy of individual votes is protected.

Rule 62 (death of a candidate) has been amended in line with the approach taken at Scottish Parliamentary elections, which allow in some cases a result to be declared where the deceased candidate does not obtain sufficient votes to be elected. However, where a deceased candidate obtains sufficient votes to be elected, no member will be returned and the poll will be re-arranged.

The forms in Schedule 1 have been revised to take account of changes to electoral procedures. Specifically, the format of the ballot paper (Form 4) has been revised, including the instructions to voters.

Schedule2 modifies the rules in Schedule1 where the poll at a local government election is taken together with a poll at UK parliamentary or European parliamentary elections under section15(1) or (2) of the Representation of the People Act 1985. Section15(1) requires the poll at an ordinary local government election to be taken together with the poll at a parliamentary or European Parliament general election when those polls are to be taken on the same day. Section15(2) allows the returning officers at two or more elections for related areas (within the meaning of section15(3)), the polls at which are taken on the same day, to agree to those polls being taken together. Schedule2 makes provision equivalent to the modifications to the parliamentary elections rules made by regulation98 of the Representation of the People (Scotland) Regulations 1986.

Schedules3 and 4 prescribe modified forms in consequence of the modifications prescribed in Schedule2.

Footnotes

[^f00001]: 2004 asp9. Section 3 was amended by section 34(6) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp14) and section 3A inserted by section 2(1) of the Scottish Local Government (Elections) Act 2009 (asp 10).

[^f00002]: Section16(5) has been modified by paragraph5 of Schedule3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp10).

[^f00003]: 1983 c.2. Section9B was inserted by section10(1) of the Electoral Administration Act 2006 (c.22). Paragraph8A of Schedule2 was inserted by paragraph15(6) of Schedule1 to that Act.

[^f00004]: 1973 c.65; section37 has been amended but these amendments are not relevant for the purposes of this Order.

[^f00005]: 1994 c.39.

[^f00006]: 2000 c.2.

[^f00007]: 2000 c.2. Paragraph7(8) was amended by paragraph137(7) of Schedule1 to the Electoral Administration Act 2006 (c.22).

[^f00008]: 1973 c.65. Section235(8) was amended by S.I.1995/789.

[^f00009]: 2000 c.41. Part11 was amended by S.I.2004/366 and by sections48 to 51 of the Electoral Administration Act 2006 (c.22).

[^f00010]: Section45 was amended by S.S.I.2007/42.

[^f00011]: 1985 c.50.

[^f00012]: 2011 asp10.

[^f00013]: PartIII was amended by the Representation of the People Act 2000 (c.2), Schedule1, paragraph20, the Political Parties, Elections and Referendums Act 2000 (c.41), section136 and Schedule1, paragraphs122 and 123, Schedule17, paragraphs2, 3, 7, 8, 9 and 10, Schedule18, paragraphs1, 6, 18 and 19, Schedule21, paragraph6 and Schedule22, paragraph1, the Licensing Act 2003 (c.17), Schedule6, paragraph8, the; Civil Partnership Act 2004 (c.33), Schedule27, paragraph84, the Local Governance (Scotland) Act 2004, section5, and Constitutional Reform Act 2005 (c.4), Schedule4, paragraph149 and Schedule11, paragraph28, the Electoral Administration Act 2006 (c.22), section70, Schedule1, paragraphs11, 12, 120, 121, 122 and 123, the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp14), sections20 and 34 and Schedule2, paragraphs10, 11 and 12, the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule10, paragraph14, S.I.1996/675, 2001/1149 and 2007/931 and S.S.I.2009/248.

[^f00014]: S.S.I.2007/170; paragraph 15C was added by S.S.I.2009/35.

[^f00015]: S.S.I.2007/263; there are amendments but none are relevant.

[^f00018]: S.S.I.2007/42 as amended by S.S.I.2007/379 and 2009/36.

[^f00021]: 1973 c.65.

[^f00022]: 1971 c.80.

[^f00023]: 2000 c.41.

[^f00024]: Section28A and 28B were added by section49 of the Electoral Administration Act 2006 (c.22).

[^f00025]: 1980 c.44. Section 135 was amended by section 3 of the School Education (Ministerial Powers and paragraph 3(9) of schedule 2 to the Independent Schools) (Scotland) Act 2004 (asp 12) and the Standards in Scotland’s Schools etc. Act 2000 (asp 6).

[^f00026]: Sections 13, 13A and 13B were substituted by the Representation of the People Act 2000 (c.2), Schedule 1, paragraph 6 and are amended by the Electoral Administration Act 2006 (c.22), section 11 and Schedule 1(2) paragraph 32 and by the Political Parties and Elections Act 2009 (c.12), section 23 and Schedule 6, paragraphs 2 and 3. Section 13BB was inserted by the Political Parties and Elections Act 2009, section 23(1). There are other amendments that are not relevant for the purposes of this Order.

[^f00027]: 2000 c.41; sections6A to 6D were inserted by section29 of the Electoral Administration Act 2006 (c.22) and amended by section11 of the Local Electoral Administration (Scotland) Act 2011 (asp10).

[^f00028]: 1985 c.50.

[^f00029]: S.I. 1986/1111.

[^f00030]: S.I. 1986/1111.

[^f00031]: Regulation 76 was saved insofar as it relates to local government elections by S.I.2001/497, Schedule2.