The Scottish Local Government Elections Order 2007

• (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

50

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

• (a) the returning officer has transferred all ballot papers which are required by rule 48 or this rule to be transferred; or

• (b) there are no ballot papers to be transferred under rule 48 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 article, 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 rule 52.

Exclusion of candidates – supplementary provisions

51

• (1) If, when a candidate has to be excluded under rule 50–

• (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

52

• (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

53

• (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

54

• (1) Where in accordance with rule 41(3) the returning officer makes arrangements for the count to conducted other than by means of an electronic counting system these rules shall apply with the following modifications–

• (a) in rule 42 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.

• (b) in rule 43 for paragraph (1)(a) substitute, “(a) which does not bear or contain an official mark;”;

• (c) in rule 52 after paragraph (1) insert–

(1A) Where only one vacancy remains unfilled and the number of votes then credited to any one continuing 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.

• (d) in rule 56–

• (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 registered ballot papers;

; and

• (ii) omit paragraph (3); and

• (e) in the directions as to the printing of the ballot paper in the Appendix, omit paragraph 8.

Declaration of result

55

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

• (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 candidate 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 preference votes 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 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

56

• (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 (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act[^f00018]) and lists of proxies.

• (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 procure that all original electronic data or records relating to the election is removed from the electronic counting system and that it (and any copy of that data or records other than a copy made pursuant to rule 56(1)) is destroyed in a manner which ensures that the confidentiality of the data or records is preserved.

Delivery of documents

57

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 rule 37, 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 marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act and of the postal voters list, of lists of proxies and of the proxy postal voters list; and

• (g) the electronic copy of information made pursuant to rule 56(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

58

• (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 56(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 information made pursuant to rule 56(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 information made pursuant to rule 56(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 prima facie 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 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 rule 56(1); or

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

Retention of documents

59

The proper officer of the council shall retain amongst the records of the council–

• (a) for one year all documents; and

• (b) for four years all electronic copies of information made under rule 56(1)(a)

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

PART V — DEATH OF CANDIDATE

Countermand or abandonment of poll on death of candidate

60

• (1) 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 candidate in the ballot papers for a particular electoral ward has died, then the returning officer shall countermand notice of the poll for that electoral ward or, if polling has begun, direct that the poll be abandoned, and the returning officer shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by the returning officer. That day shall be within the period of 35 days (computed according to rule 2) beginning with the day fixed as the day of the election for the first-mentioned election.

• (2) Where the poll is abandoned by reason of a candidate’s death, the proceedings at or consequent on that poll shall be interrupted and the presiding officer at any polling station shall 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 such officer is required to take on the close of the poll in due course, and the returning officer shall dispose of ballot papers and other documents in the returning officer’s possession as required to do on the completion in due course of the counting of the votes, but–

• (a) it shall not be necessary for any ballot paper account to be prepared or verified; and

• (b) the returning officer, without taking any step or further step for the counting of the ballot papers or of the votes, shall seal up all the ballot papers, whether the votes on them have been counted or not.

• (3) 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 to any such documents relating to a poll abandoned by reason of a candidate’s death, with the following modifications:–

• (a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

• (b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of completed corresponding number list or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

PART VI — 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 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Form 9

Front of card

Back of card

Form 10

Front of card

Back of card

Form 11

Front of card

Back of card

Form 12

Front of card

Form 13

Form 14

Form 15

SCHEDULE 2 — MODIFICATIONS TO THE LOCAL GOVERNMENT ELECTIONS RULES IN SCHEDULE 1 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION UNDER SECTION 15(1) OR (2) OF THE REPRESENTATION OF THE PEOPLE ACT 1985[^f00019]

1

At the end of rule 14(2) (the ballot papers) the following sub paragraph shall be inserted:–

(f) 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 rule 19 (notice of poll) the following paragraph shall be inserted:–

(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

At the end of rule 23 (issue of official poll cards and notifications) the following paragraph shall be inserted:–

(5) 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.

4

After paragraph (1) of rule 24 (equipment of polling stations) there shall be inserted the following paragraph:–

(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.

5

For paragraph (5) of rule 24 (equipment of polling stations) there shall be substituted the following paragraph–

(5) 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, 4 in the box next to your fourth choice. - EUROPEAN PARLIAMENTARY ELECTION - ([Specify colour] ballot paper) - Vote for one candidate only. - PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT COUNT. - *Delete as necessary.

6

After paragraph (3) of rule 25 (appointment of polling and counting agents) there shall be inserted–

(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[^f00020].

7

In questions 1(a) and (b) and question 4 of rule 30(3) (questions to be put to voters) after “this election” there shall be inserted “for this local government area”.

8

At the end of rule 32 (voting procedure) there shall be inserted the following paragraph:–

(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)(e) 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.

9

After paragraph (3) of rule 33 (votes marked by presiding officer) there shall be inserted–

(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.

10

After paragraph (6) of rule 34 (voting by persons with disabilities) there shall be inserted–

(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.

11

At the end of paragraph (8) of rule 35 (tendered ballot papers) there shall be inserted–

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.

12

At the end of paragraph (1) of rule 38 (adjournment of poll in case of riot) there shall be inserted “who discharges the functions specified in regulation 96 of the Representation of the People (Scotland) Regulations 1986”.

13

After paragraph (1) of rule 39 (procedure on close of poll) there shall be inserted the following paragraphs:–

(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 regulation 96 of the Representation of the People (Scotland) Regulations 1986.

14

For paragraph (1) of rule 40 (attendance at counting of votes) there shall be substituted the following paragraphs:–

(1) Where the returning officer at the local government election discharges the functions specified in regulation 96 of the Representation of the People (Scotland) Regulations 1986, such returning officer shall make arrangements for discharging the functions under rule 42(1) (as substituted by Schedule 2 to the Scottish Local Government Elections Order 2006) 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 rule 42(1) (as so substituted). (1A) Where the returning officer at the local government election does not discharge the functions specified in regulation 96 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.

15

In paragraph (2) of rule 40 before “at the counting of the votes” there shall be inserted “at the proceedings under rule 42(1) (as so substituted) or”.

16

In paragraph (3) of rule 40 before the words “counting of the votes” in the first place where they occur, there shall be inserted “proceedings under rule 42(1) (as so substituted) or the” and before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.

17

For paragraphs (1) and (2) of rule 42 (the count) there shall be substituted the following paragraphs:–

(1) Where the returning officer at the local government election discharges the functions specified in regulation 96 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. (2) 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. (2A) Where the returning officer at the local government election does not discharge the functions specified in regulation 96 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 rule 40(1A) (as substituted by Schedule 2 to the Scottish Local Government Elections Order 2006) 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 regulation 76 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. (2B) Paragraph (5) does not apply to these proceedings.

18

At the end of rule 57 (delivery of documents) there shall be inserted–

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[^f00021], this rule shall have effect as if paragraphs (c) and (e) were omitted.

19

In rule 60 (countermand or abandonment of poll on death of candidate)–

• (a) at the end of paragraph (1) there shall be inserted–

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) for paragraph (2) there shall be substituted the following paragraph:–

(2) Where the poll at the local government election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, 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 on the completion in due course of the counting of the votes, but– (a) it shall not be necessary for any ballot paper account at that election to be prepared or verified; and (b) the returning officer, having separated the ballot papers relating to the parliamentary or European Parliamentary election, shall take no step or further step for the counting of the ballot papers used at the local government election (at which a candidate has died) or of the votes and shall seal up all those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

20

In Schedule 1, for Form 6 (the Corresponding Number List), there shall be substituted the form set out in Schedule 3 to this Order where the local government election is combined with another election or referendum.

21

In Schedule 1, for Form 8 (the postal voting statement) there shall be substituted the form set out in Schedule 4 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 regulation 76 of the Representation of the People (Scotland) Regulations 1986[^f00022].

22

In Schedule 1, for Form 13 (the form of directions for the guidance of the voters) in voting there shall be substituted–

(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 mark 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, 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 and so on. You can mark as many choices as you wish but you must number them in order. (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.

23

In Schedule 1, in Form 15 (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 there shall be substituted “elections”.

SCHEDULE 3 — FORM OF CORRESPONDING NUMBER LIST REFERRED TO IN PARAGRAPH 20 OF SCHEDULE 2

SCHEDULE 4 — FORM OF POSTAL VOTING STATEMENT REFERRED TO IN PARAGRAPH 21 OF SCHEDULE 2

Signed

TOM McCABE — A member of the Scottish Executive — 9th February 2007

Explanatory note

(This note is not part of the Order)

This Order, which revokes and replaces the Scottish Local Elections Rules 2002 as amended (“the 2002 Rules”), provides for the conduct of elections of members of local authorities.

Article 3 provides that such elections shall be conducted in accordance with the rules set out in Schedule 1 to the Order. Article 2 defines various terms used in the Order. Article 1(2) and Article 6 make transitional arrangements. The Order applies to the elections to be held on 3rd May 2007 and subsequent elections but not to any election held before that date, to which the 2002 Rules will continue to apply.

Schedule 1 to the Order sets out the rules which apply for the purpose of the conduct of local government elections. The rules in Schedule 1 differ from the 2002 Rules by including changes introduced by the provisions of the Local Electoral Administration and Registration Services (Scotland) Act 2006 and follow amendments made to the parliamentary elections rules by the Electoral Administration Act 2006.

In particular, the provisions of rule 1 (timetable), rule 4 (nomination of candidates), rule 7 (decisions as to validity of nomination papers), rule 10 (corrections of errors in nomination papers), rule 14 (the ballot papers), rule 16 (security marking), rule 20 (postal ballot papers), rule 23 (issue of official poll cards and notifications), rule 24 (equipment of polling stations), rule 27 (admission to polling station), rule 35 (tendered ballot papers), rule 40 (attendance at counting of votes) and rule 59 (retention of documents) have been amended.

The rules have also been amended to reflect the introduction of the single transferable vote (“STV”) system for local government elections in Scotland from May 2007. In addition to revising the format of the ballot paper, the rules dealing with the counting of votes (rules 40 to 54) have been substantially altered to reflect the change to multi-member council wards with either 3 or 4 members together with the introduction of electronic counting.

In addition to the ballot paper, the forms in Schedule 1 have been revised to take account of changes to electoral procedures and the introduction of the STV system.

Schedule 2 to this Order modify the rules in Schedule 1 where the poll at a local government election is taken together with a poll at UK parliamentary or European parliamentary elections under section 15(1) or (2) of the Representation of the People Act 1985. Section 15(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. Section 15(2) allows the returning officers at two or more elections for related areas (within the meaning of section 15(3)), the polls at which are taken on the same day, to agree to those polls being taken together. Schedule 2 makes provision equivalent to the modifications to the parliamentary elections rules made by regulation 98 of the Representation of the People (Scotland) Regulations 1986.

Schedules 3 and 4 contain, respectively, a form of the corresponding number list and the form of a postal voting statement associated with the modifications prescribed in Schedule 2.

Footnotes

[^f00001]: 2004 asp 9. Section 3 was amended by section 34(6) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).

[^f00002]: 1994 c. 39.

[^f00003]: 1973 c. 65.

[^f00004]: 2000 c. 2.

[^f00005]: 2000 c. 41.

[^f00006]: 2000 c. 2.

[^f00007]: 1983 c. 2.

[^f00008]: 1985 c. 50.

[^f00009]: 2004 asp 9.

[^f00010]: S.S.I. 2002/457 as amended by S.S.I. 2002/522.

[^f00011]: S.S.I. 2002/522.

[^f00012]: 1973 c. 65.

[^f00013]: 1971 c. 80.

[^f00014]: 2000 c. 41.

[^f00015]: 1980 c. 44.

[^f00016]: 2006 asp 14.

[^f00017]: 2006 asp 14.

[^f00018]: 1983 c. 2.

[^f00019]: 1985 c. 50.

[^f00020]: S.I. 1986/1111.

[^f00021]: S.I. 1986/1111.

[^f00022]: Regulation 76 was saved insofar as it relates to local government elections by S.I. 2001/497, Schedule 2.