Local Government (Scotland) Act 1973

• (8) Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.

• (9) But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.

• (10) A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second.

In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards.

In section 2, the words from “ and ” onwards.

In section 47, the words from “ but in all cases ” onwards.

In section 2(1), the words “ of any burgh or parish ”, in both places where they occur.

In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”.

In section 150, the words “ the Dean of Guild Court or ”.

In section 341 the words from “ and the commissioners ” to “ within the burgh ”.

In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs.

In section 11(1), the definitions of “ police area ”, “ police authority ” and “ chief officer of police ”.

In sections 240 and 241, the words from the beginning to “ 1920 ”.

In section 268, in subsection (2), the words from “ Where the treasurer ” to the end.

In section 29(4), the words from “ subject ” onwards.

In section 195, the words “ town clerk ”.

In section 13, the words from “ and shall ” onwards.

In section 25, in subsection (1)(c), the words “ with the approval of the Secretary of State ”, and subsection (2).

In section 3(4), the words from “ otherwise ” to “ 5 below ”.

In section 36, in subsection (1), the words “ in accordance with the provisions of this section ”, and subsections (3) and (7).

In section 15(1), the words from “ and in relation ” onwards.

SCHEDULE 6A

List of countries for the purposes of section 29(8)

1

This is the list of countries referred to in section 29(8)—

• Denmark

• Luxembourg

• Poland

• Portugal

• Spain.

2

The Scottish Ministers must by regulations add a country to the list in paragraph 1 where—

• (a) the United Kingdom and the country intend to become parties to a relevant treaty, and

• (b) section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

3

The Scottish Ministers may by regulations remove a country for the time being listed in paragraph 1 where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

4

Regulations under paragraph 2 or 3—

• (a) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

• (b) are subject to the negative procedure.

5

In this schedule—

• “ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010,

• “relevant treaty” means a treaty containing provision relating to eligibility to stand as a candidate at local government elections,

• “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).

37A

• (1) This section applies where—

• (a) a casual vacancy occurs in the office of councillor,

• (b) the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and

• (c) the date fixed does not fall within the period of 6 months before the relevant date.

• (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).

• (3) Subsection (4) applies where—

• (a) the returning officer fixes a date under subsection (2), and

• (b) the date fixed does not fall within the period of 6 months before the relevant date.

• (4) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).

• (5) Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—

• (a) the Electoral Commission, and

• (b) the convener of the Electoral Management Board for Scotland.

• (6) As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

• (a) the date fixed for the holding of the poll, and

• (b) the reasons for the exercise of the power.

• (7) For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).

37B

• (1) This section applies where—

• (a) a casual vacancy occurs in the office of councillor,

• (b) on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,

• (c) the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and

• (d) the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.

• (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.

• (3) Before fixing a date under subsection (2) the returning officer must consult—

• (a) the Electoral Commission, and

• (b) the convener of the Electoral Management Board for Scotland.

• (4) As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

• (a) the date fixed for the holding of the poll, and

• (b) the reasons for the exercise of the power.

37C

• (1) This section applies where—

• (a) a casual vacancy occurs in the office of councillor,

• (b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and

• (c) the date fixed falls within the period of 6 months before the relevant date.

• (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.

• (3) Before determining that an election is not to be held under subsection (2), the returning officer must consult—

• (a) the Electoral Commission, and

• (b) the convener of the Electoral Management Board for Scotland.

• (4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

• (a) that an election is not to be held, and

• (b) the reasons for the exercise of the power.

• (5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.