The Local Government (Transitional Election Arrangements) (Scotland) Order 1994

• Citation: S.I. 1994/3255
• Sections: 19

Section 1 Citation, commencement and effect

This Order may be cited as the Local Government (Transitional Election Arrangements) (Scotland) Order 1994, shall come into force on 6th January 1995 and shall cease to have effect on 1st April 1996.

Section 2 Citation, commencement and effect

In this Order—

“the 1973 Act ” means the Local Government (Scotland) Act 1973 ;

“the 1983 Act ” means the Representation of the People Act 1983 ;

“the 1986 Regulations ” means the Representation of the People (Scotland) Regulations 1986 ;

“the 1986 Rules ” means the Scottish Local Elections Rules 1986 ;

“the 1994 Act ” means the Local Government etc. (Scotland) Act 1994;

“new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the 1994 Act.

Section 3 Transitional arrangements for elections to new local authorities

For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the provisions specified in Schedule I to this Order shall apply.

Section 4 Transitional arrangements for elections to new local authorities

For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, the 1983 Act shall (subject to section 5(2) of and paragraph 2 of Schedule 2 to the 1994 Act and to the modifications referred to in articles 5, 6 and 7 below) apply and in respect of those provisions of that Act specified in column 1 of Schedule II to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

Section 5 Transitional arrangements for elections to new local authorities

For the purpose of the election of councillors to a new local authority on 6th April 1995, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule III to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

Section 6 Transitional arrangements for elections to new local authorities

For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 6th April 1995 and 1st April 1996, in the application of the 1983 Act in terms of article 4 above, in respect of those provisions of that Act specified in column 1 of Schedule IV to this Order, their application shall be subject to the modifications in column 2 of that Schedule.

Section 7 Transitional arrangements for elections to new local authorities

For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, in the application of the 1983 Act in terms of articles 4 and 6 above, the modification to section 10 of the 1983 Act specified in Schedule II to this Order, shall be omitted.

Section 8 Transitional arrangements for elections to new local authorities

(1) For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 16th February 1996, the provisions of the 1986 Regulations specified in column 1 of Part 1 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.

(2) For the purpose of any election to fill a casual vacancy in the membership of a new local authority taking place between 15th February 1996 and 1st April 1996, the provisions of the 1986 Regulations specified in column 1 of Part 2 of Schedule V to this Order shall apply subject, where specified, to the modifications in column 2 of that part of that Schedule.

(3) For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membersh ip of a new local authority taking place between that date and 1st April 1996, the provisions of the 1986 Rules specified in column 1 of Part 3 of Schedule V to this Order shall apply—

(a) subject, where specified, to the modifications in column 2 of that part of that Schedule; and

(b) subject to article 9 below.

Section 9 Transitional arrangements for elections to new local authorities

For the purpose of the election of councillors to a new local authority on 6th April 1995 and of any election to fill a casual vacancy in the membership of a new local authority taking place between that date and 1st April 1996, any reference in the Appendix of Forms to the 1986 Rules (and in Schedule 3 to the 1986 Rules) to the area of a region or a district or to the council or councillors of a region or a district (however expressed) shall be construed as a reference to the area of a new local authority or to the council or councillors of a new local authority, as the case may be.

Section 10 Transitional arrangements for registers of electors

Notwithstanding the terms of sections 9(1) and 13(1) of the 1983 Act and without prejudice to his duty to publish electors lists on or before 28th November 1994 and to determine all claims for registration and objections to any person’s registration, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to publish a register of local government electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1995.

Section 11 Transitional arrangements for registers of electors

Notwithstanding the terms of sections 9(1), 10 and 13(1) of the 1983 Act, a registration officer appointed by a regional council under section 8 of the 1983 Act shall not be required to prepare nor publish a register of local gov ernment electors for the area of a region or of a district in respect of the period of twelve months beginning 16th February 1996.

Section 12 Transitional arrangements for registers of electors

For the purpose of regulation 30(2) of the 1986 Regulations, there shall be substituted for the definition of “electoral area” in the application of those Regulations to a registration officer appointed by a regional council under section 8 of the 1983 Act, the following definition:—

“electoral area” means an electoral ward within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994;

Section 1

The 1973 Act.

Section 29 as modified by paragraph 3 of Schedule 2 to the 1994 Act (Qualifications for nomination, election and holding office)

Section 31(1), (2) and (3) (Disqualifications for nomination, election and holding office)

Section 32 (Proceedings for disqualification)

Section 33 (Validity of acts)

Section 33A (Declaration of acceptance of office)

Section 36 (Casual vacancies)

Section 37(1) and (3) (Filling of casual vacancies).

Section 2

The Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 1990 .

Section 41A

(1) The council of a region shall place at the disposal of the returning officer acting in respect of a local government area situated in the area of that region, for the purpose of assisting the returning officer in the discharge of his functions in that respect, the services of officers employed by that council.

(2) The council of a district shall, if so requested by the returning officer acting in respect of a local government area wholly or partly situated in the area of that district, place at the returning officer’s disposal, for the purpose of assisting him as mentioned in subsection (1) above, the services of officers employed by that council.

Section 1

The 1986 Regulations

Section 2

The 1986 Regulations

Section 3

The 1986 Rules

Section 4A

In these rules, any reference to the proper officer of a council shall be taken as a reference to the proper officer of the council which appointed the returning officer.