Statutory Instrument 1994 No. 3255 (S.183)

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

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1994 No. 3255 (S.183)

LOCAL GOVERNMENT, SCOTLAND

REPRESENTATION OF THE PEOPLE

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

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^[1], 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^[2];


"the 1983 Act" means the Representation of the People Act 1983^[3];


"the 1986 Regulations" means the Representation of the People (Scotland) Regulations 1986^[4];


"the 1986 Rules" means the Scottish Local Elections Rules 1986^[5];


"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;" .

Fraser of Carmyllie

Minister of State, Scottish Office
St Andrew's House, Edinburgh

13th December 1994

[1] 1994 c. 39. back

[2] 1973 c. 65. back

[3] 1983 c. 2. back

[4] S.I. 1986/1111, amended by S.I. 1990/629, 1991/1226 and 1992/834. back

[5] S.I. 1986/2213, amended by S.I. 1990/262. back

Explanatory Note