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

Made: 13th December 1994

Laid before Parliament: 16th December 1994

Coming into force: 6th January 1995

The Secretary of State, in exercise of the powers conferred on him by section 181(1) and (2) of the Local Government etc. (Scotland) Act 1994[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and effect

1

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.

2

In this Order—

• “the 1973 Act” means the Local Government (Scotland) Act 1973[^f00002];

• “the 1983 Act” means the Representation of the People Act 1983[^f00003];

• “the 1986 Regulations” means the Representation of the People (Scotland) Regulations 1986[^f00004];

• “the 1986 Rules” means the Scottish Local Elections Rules 1986[^f00005];

• “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.

Transitional arrangements for elections to new local authorities

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 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.

4

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.

5

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.

6

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.

7

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.

8

• (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.

9

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.

Transitional arrangements for registers of electors

10

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.

11

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.

12

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;

SCHEDULE I

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)[^f00006] (Disqualifications for nomination, election and holding office)

• Section 32 (Proceedings for disqualification)

• Section 33 (Validity of acts)

• Section 33A[^f00007] (Declaration of acceptance of office)

• Section 36 (Casual vacancies)

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

2

The Local Authorities (Councillors) (Declaration of Acceptance of Office) (Scotland) Order 1990[^f00008].

SCHEDULE II — The 1983 Act

SCHEDULE III — The 1983 Act

SCHEDULE IV — The 1983 Act

SCHEDULE V

PART 1

1

The 1986 Regulations

PART 2

2

The 1986 Regulations

PART 3

3

The 1986 Rules

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 13th December 1994

Explanatory note

(This note is not part of the Order)

In connection with local government reorganisation in Scotland, elections are to be held on 6th April 1995 to new mainland councils. This Order makes provision in respect of those elections and in respect of elections for casual vacancies occurring in the membership of those new councils between 6th April 1995 and 1st April 1996. The Order applies local election law with necessary modifications and will cease to have effect after 31st March 1996.

Article 3 applies those parts of the Local Government (Scotland) Act [1973 (c. 65)](https://www.legislation.gov.uk/ukpga/1973/65) dealing with qualification to stand for and hold office and declaration of acceptance of office.

Article 4 applies the Representation of the People Act [1983 (c. 2)](https://www.legislation.gov.uk/ukpga/1983/2) so far as relevant for these elections with certain necessary modifications. In addition to modifications to definitions (in section 204(1) of that Act) essential for the new local government structure, the most important modifications are to section 10 (substituting more relevant factors to be considered when preparing registers), to section 31(2) (giving a power to returning officers to divide electoral wards into polling districts) and to add a section 41A (imposing a duty on regional and district council staff to assist returning officers in the discharge of their functions).

Articles 5, 6 and 7 make modifications to the 1983 Act which are relevant for the elections on 6th April 1995 only, for casual vacancies only and for casual vacancies after 15th February 1996 only respectively.

Article 8 applies the Representation of the People (Scotland) Regulations 1986 (S.I. [1986/1111](https://www.legislation.gov.uk/uksi/1986/1111)) and the Scottish Local Election Rules 1986 (S.I. [1986/2213](https://www.legislation.gov.uk/uksi/1986/2213)) to these elections so far as relevant and again, where appropriate, subject to modifications essential for the new local government structure. Article 9 provides for a general translation of terms in the Forms to be used for local elections (and in other respects where combined polls take place) to apply them to the new councils.

Articles 10 and 11 remove the duty of a registration officer of a region to publish by 15th February 1995 (and to prepare and publish by 15th February 1996) a register of local government electors based on regions or districts. That duty to publish, basing that register on new local government areas, is imposed by sections 9(1) and 13(1) of the 1983 Act as read with the definition of “local government area” as applied and modified by this Order.

Article 12 amends the duty of a registration officer of a region in the publication of the register of parliamentary electors to have regard as appropriate to new electoral wards rather than existing electoral areas.

Footnotes

[^f00001]: 1994 c. 39.

[^f00002]: 1973 c. 65.

[^f00003]: 1983 c. 2.

[^f00004]: S.I. 1986/1111, amended by S.I. 1990/629, 1991/1226 and 1992/834.

[^f00005]: S.I. 1986/2213, amended by S.I. 1990/262.

[^f00006]: Section 31 was relevantly amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 3, paragraph 13, the Representation of the People Act 1983 (c. 2), Schedule 8, paragraph 15(b), the Bankruptcy (Scotland) Act 1985 (c. 66), Schedule 7, paragraph 12, and the Local Government and Housing Act 1989 (c. 42), Schedule 12, Part II.

[^f00007]: Section 33A was added by the Local Government and Housing Act 1989, section 30(1).

[^f00008]: S.I. 1990/956.

[^f00009]: Section 54 was amended by the Representation of the People Act 1985 (c. 50), Schedule 4, paragraph 14.

[^f00010]: Section 200 was amended by the Representation of the People Act 1985, Schedule 4, paragraph 68.

[^f00011]: Regulation 51(1A) was inserted by S.I. 1990/629.

[^f00012]: Regulation 62(5) was substituted by S.I. 1992/834.

[^f00013]: The form headed “NOMINATION PAPER” was amended by S.I. 1990/262.