Local Electoral Administration and Registration Services (Scotland) Act 2006

Part 1 — Local government elections

Performance of returning officers in relation to elections etc.

Registration districts and authorities

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Returns and reports on performance standards

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Marriage procedure: miscellaneous amendments

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Correction of procedural errors

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• (1) A returning officer for a local government election may take such steps as the officer thinks appropriate to remedy any act or omission on the officer's part, or on the part of a relevant person, which—

• (a) arises in connection with any function the returning officer or relevant person has in relation to the election, and

• (b) is not in accordance with—

• (i) provision as to the conduct of elections of councillors made in an order under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9), or

• (ii) any other requirements applicable to the election.

• (2) But a returning officer may not under subsection (1) re-count the votes given at an election after the result has been declared.

• (3) For the purposes of subsection (1), each of the following is a relevant person—

• (a) an electoral registration officer,

• (b) a presiding officer,

• (c) a person providing goods or services to the returning officer,

• (d) a deputy of any person mentioned in paragraph (a) or (b),

• (e) a person appointed to assist or, in the course of the person's employment, assisting any person mentioned in paragraphs (a) to (c) in connection with any function that person has in relation to the election.

• (4) A returning officer for a local government election is not guilty of an offence under section 63 of the 1983 Act (breach of official duty) by virtue of an act or omission in breach of the officer's official duty if the officer remedies that act or omission in full by taking steps under subsection (1) of this section.

• (5) Subsection (4) does not affect any conviction, or any penalty imposed, before the date on which the act or omission is remedied in full.

Access to election documents

Access to election documents

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• (1) This section and sections 6 and 7 apply in relation to a local government election.

• (2) The proper officer in relation to the election must—

• (a) make relevant election documents available for inspection by members of the public, and

• (b) in relation to such description of documents mentioned in paragraph (a) as the Scottish Ministers may by regulations prescribe, supply, on the request of a member of the public, copies of or extracts from the documents.

• (3) The proper officer must, on the request of any of the following persons, supply the person with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list relating to the election—

• (a) a registered party,

• (b) a person who was a candidate at the election.

• (4) The Scottish Ministers may by regulations impose conditions in relation to—

• (a) the inspection of any document in pursuance of subsection (2)(a),

• (b) the supply of any document or part of a document in pursuance of subsection (2)(b),

• (c) the supply of any document or part of a document in pursuance of subsection (3).

• (5) The Scottish Ministers may by regulations also make provision—

• (a) as to the form in which any such document or part is supplied,

• (b) for the payment of a fee in respect of the supply of a document or part.

• (6) Conditions which may be imposed for the purposes of subsection (4)(a) or (b) include conditions as to—

• (a) whether a person may take a copy of any document which the person is permitted to inspect,

• (b) the manner in which any such copy is to be taken,

• (c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (2) may be used.

• (7) Conditions which may be imposed for the purposes of subsection (4)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

• (a) supply that document or part to any other person,

• (b) disclose to any other person any information contained in the document or part,

• (c) use any such information for a purpose other than that for which the document or part was supplied to the person.

• (8) The Scottish Ministers may by regulations also impose conditions corresponding to those mentioned in subsection (7) in respect of persons who have obtained a document or part of a document mentioned in subsection (3)—

• (a) which was supplied to another person in pursuance of subsection (3), or

• (b) otherwise than in accordance with regulations under this section.

Access to election documents: contravention of regulations

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• (1) A person who fails to comply with any condition imposed in pursuance of regulations under section 5 is guilty of an offence.

• (2) A person—

• (a) who is an appropriate supervisor of another person who fails to comply with such a condition, and

• (b) who failed to take appropriate steps,

is guilty of an offence.

• (3) The other person referred to in subsection (2)(a) is not guilty of an offence under subsection (1) if that person has complied with all the requirements imposed on that person by the appropriate supervisor.

• (4) A person who does not have an appropriate supervisor is not guilty of an offence under subsection (1) if the person takes all reasonable steps to ensure that the person complies with the conditions.

• (5) In subsections (2), (3) and (4)—

• (a) an appropriate supervisor in relation to another person is a person who is a director of a company or concerned in the management of an organisation in which the other person is employed or under whose direction or control that person is,

• (b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.

• (6) A person guilty of an offence as mentioned in subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Access to election documents: supplementary

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• (1) The following provisions apply for the purposes of the interpretation of sections 5 and 6 and this section.

• (2) The proper officer in relation to an election is such officer of the local authority in whose area the election is held as is appointed by the local authority for the purposes of those sections.

• (3) The relevant election documents are such documents relating to the election as the proper officer is required by or under any enactment to retain for any period except—

• (a) ballot papers,

• (b) completed corresponding number lists,

• (c) certificates as to employment on the day of the election.

• (4) A party is a registered party if it is registered for the purposes of Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

• (5) The marked copy of the register is a copy of the register of electors marked in the prescribed manner.

• (6) The marked copy of the list of proxies is a copy of that list marked in the prescribed manner.

• (7) The marked copy of the postal voters list or the proxy postal voters list is a copy of that list marked in the prescribed manner.

• (8) The completed corresponding number list is a list prepared and completed in the prescribed manner.

• (9) In this section “prescribed” means prescribed by an order made by the Scottish Ministers.

Observers

Observers: individuals

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Observers: organisations

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Attendance of observers

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Code of practice on attendance of observers at elections etc.

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False information

False information in applications relating to absent voting

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Before section 13D of the 1983 Act (provision of false information) insert—

(13CA) (1) A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence. (2) The application referred to in subsection (1) above is an application— (a) relating to a local government election in Scotland; and (b) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely— (i) paragraph 3(1) or (2); (ii) paragraph 4(1) or (2); (iii) paragraph 7(4). (3) In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which— (a) is not the usual signature of; or (b) was written by a person other than, the person whose signature it purports to be. (4) A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not. (6) A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)— (a) imprisonment for a term not exceeding 6 months; (b) a fine not exceeding level 5 on the standard scale.

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False information in nomination papers etc.

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After section 65A of the 1983 Act (false information in nomination papers etc. at elections other than Scottish local government elections) insert—

(65B) (1) This section applies in relation to a local government election in Scotland. (2) A person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election— (a) a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or (b) anything which purports to be the signature of an elector who proposes, seconds or assents to the nomination of such a candidate but which he knows— (i) was not written by the elector by whom it purports to have been written; or (ii) if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding or, as the case may be, assenting to that candidate's nomination. (3) A person is guilty of a corrupt practice if he makes in any document in which he gives his consent to his nomination as a candidate at the election— (a) a statement of his date of birth; or (b) a statement as to his qualification for being elected at the election, which he knows to be false in any particular. (4) For the purposes of subsection (3) above, a statement as to a candidate's qualification is a statement— (a) that he is qualified for being elected; (b) that he will be qualified for being elected; or (c) that to the best of his knowledge and belief he is not disqualified for being elected.

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Offences relating to voting

Undue influence

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• (1) Section 115 of the 1983 Act (offence of undue influence), so far as it applies to a local government election in Scotland, is amended as follows.

• (2) In subsection (2)(b)—

• (a) after “prevents” insert “ , or intends to impede or prevent, ”, and

• (b) after “prevails upon” insert “ , or intends so to compel, induce or prevail upon, ”.

Offences relating to applications for postal and proxy votes

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Before section 63 of the 1983 Act (breach of official duty) insert—

(62B) (1) This section applies in relation to a local government election in Scotland. (2) A person commits an offence if he— (a) engages in any of the acts specified in subsection (3) below at the election; and (b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property. (3) The acts referred to in subsection (2)(a) above are— (a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person); (b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote; (c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote; (d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient. (4) In subsection (2)(b) above, property includes any description of property. (5) In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be). (6) A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

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Election expenses

Prohibition of expenses not authorised by election agent

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• (1) In section 75 of the 1983 Act (prohibition of expenses not authorised by election agent), at the end insert—

(11) This section does not apply in relation to a local government election in Scotland.

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• (2) After that section insert—

(75A) (1) This section applies in relation to a local government election in Scotland. (2) No person other than a candidate at the election, his election agent or a person authorised in writing by the election agent shall, with a view to promoting or procuring the election of the candidate, incur any expenses on account of— (a) holding public meetings or organising any public display; (b) issuing advertisements, circulars or publications; or (c) otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate. (3) Subsection (2)(c) above does not restrict the publication of any matter relating to the election in— (a) a newspaper or other periodical; (b) a broadcast made by the British Broadcasting Corporation; or (c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55). (4) Subsection (2) does not apply to expenses incurred by any person— (a) which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action); or (b) in travelling or in living away from home or similar personal expenses. (5) For the purposes of subsection (4)(a) above— (a) “the permitted sum” means, in respect of each candidate, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election; and (b) expenses are to be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (4)(a)) fall within subsection (2) above. (6) Where a person incurs any expenses required by subsection (2) above to be authorised by the election agent, that person shall, within 21 days after the day on which the result of the election is declared, deliver to the appropriate officer— (a) a return of the amount of the expenses, stating the election at which, and the candidate in whose support they were incurred; (b) a declaration by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred; and (c) the authority received from the election agent (which, for the purposes of this section, is to be treated as forming part of the return). (7) A person is guilty of a corrupt practice if he— (a) incurs, or aids, abets, counsels or procures any other persons to incur, any expenses in contravention of subsection (2) above; or (b) makes a declaration required by subsection (6)(b) above which he knows to be false. (8) A person is guilty of an illegal practice if he fails to deliver any return or declaration as required by subsection (6) above. (9) The court by or before which a person is convicted of a corrupt or illegal practice under subsection (7) or (8) above may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity incurred under section 173 or 173A of this Act by virtue of the conviction. (10) A candidate is not liable for, and his election is not void by reason of, a corrupt or illegal practice under subsection (7) or (8) above committed by an agent without his consent or connivance. (11) Where any act or omission of an association or body of persons (whether corporate or unincorporate) is a corrupt or illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is also guilty of the corrupt or illegal practice, unless the person proves— (a) that the act or omission took place without his consent or connivance; and (b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

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