Contents
Article 1Citation, commencement, extent and transitional provisions#
(1)This Order may be cited as the Scottish Local Government Elections (Election Agents, Expenses and Publication of Information) Amendment Order 2026 and comes into force on the day after the day on which it is made.
(2)This Order extends to Scotland only.
(3)This Order has no effect for the purposes of any election for which the date of the poll is on or before 5 May 2027.
Article 2Amendment of the Representation of the People Act 1983#
(1)The Representation of the People Act 1983 is amended as follows.
(2)In section 67 (appointment of election agent)—
(a)in subsection (6) for “, unless subsection (6ZA) applies” substitute “(but see subsections (6ZA) and (6ZB))”,
(b)for subsections (6ZA) and (6ZB) substitute—“6ZA Subsection (6ZB) applies where a declaration under subsection (1) or (4) in relation to an election agent of a candidate at a local government election in Scotland is accompanied by—a an address (a “correspondence address”) in the United Kingdom that may be used for correspondence with the election agent, andb a request that a public notice under subsection (6) in relation to the declaration includes the correspondence address instead of the address stated in the declaration.6ZB In such a case—a the address stated in the declaration must not be included in the public notice, andb the correspondence address must be included in the public notice.”
(3)In section 70 (effect of default in election agent’s appointment) for subsection (5) substitute—“5 Where in a local government election in Scotland a candidate is by virtue of this section to be treated as the candidate’s own election agent, the candidate’s office is deemed to be—a where the candidate has given a correspondence address in accordance with rule 4(11B) of schedule 1 of the Scottish Local Government Elections Order 2011, at that address, orb otherwise, at the address given under rule 4(10)(a)(ii) of that schedule.”
(4)In section 76 (limitation of election expenses)—
(a)in subsection (2)(b)(ii)—
(i)for “£806” substitute “£940”, and
(ii)for “7p” substitute “8p”,
(b)in subsection (5A)(d), for “in providing for the protection of persons or property at rallies or other public events” substitute “that are reasonably attributable to the protection of persons or property”,
(c)in subsection (6), after “poll” insert “, other than a poll for a local government election in Scotland,”,
(d)after subsection (6), insert—“6A Where a poll for a local government election in Scotland is countermanded or abandoned by reason of a candidate’s death, the maximum amount will, for any of the other candidates who then remain validly nominated, be increased by an amount equal to the amount specified by subsection (2)(b)(ii) for each countermanding or abandonment which occurs.7 Where the date of the poll at an ordinary local election has been postponed under section 43A(1) or 43B(1) of this Act, the maximum amount will have effect in relation to any candidate at that election as if the amount specified in subsection (2)(b)(ii) were increased by one half.8 Where the date of the poll at an election to fill a casual vacancy in the office of councillor has been fixed under section 37A(2) or 37B(2) of the Local Government (Scotland) Act 1973, the maximum amount will have effect in relation to any candidate at that election as if the amount specified in subsection (2)(b)(ii) were increased by one half.9 Where the date of the poll at an election to fill a casual vacancy in the office of councillor has been fixed under section 37A(4) of the Local Government (Scotland) Act 1973, the maximum amount will have effect in relation to any candidate at that election as if the maximum amount specified in subsection (2)(b)(ii) were increased by one half.10 Where more than one of the circumstances described by subsections (6A), (7), (8) or (9) are applicable to a poll, the increases in the maximum amount provided for by the applicable subsections are to apply cumulatively.11 Other than in the circumstances described by subsections (6A) to (9), the maximum amount specified in subsection (2)(b)(ii) for a candidate shall not be affected by a change in the timing of a local government election in Scotland or of any step in the proceedings at such an election.12 For the purposes of this section—• “casual vacancy in the office of councillor” means a casual vacancy in the office of councillor to which section 36 of the Local Government (Scotland) Act 1973 applies,• “ordinary local election” has the meaning given in section 43(1C) of this Act.”
Article 3Amendment of the Scottish Local Government Elections Order 2011#
In schedule 1 of the Scottish Local Government Elections Order 2011, in Part 5 (publication of voting information), in rule 61—
(a)for paragraph (2A) substitute—“2A For the purposes of this rule—a all postal ballot papers cast in a ward must be treated as if cast at an additional polling station in that ward, andb only postal ballot papers may be treated as cast at that additional polling station.”
(b)after paragraph (6) insert—“6A Paragraph (3) does not apply to postal ballot papers or to any additional polling station treated as existing by virtue of paragraph (2A)(a).”
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