Local Electoral Administration and Registration Services (Scotland) Act 2006

SCHEDULE 2Part 1: minor and consequential modifications

(introduced by section 35)

Representation of the People Act 1983 (c. 2)

1The 1983 Act is amended as follows.

2In section 66(1) (requirement of secrecy), before “shall”, where first occurring, insert—

“(d)every person so attending in pursuance of permission granted under section 8 or 9 (observers at Scottish local government elections) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14),”.

3In section 73(5)(d) (payment of expenses through election agent), for “section 90A(5)(b)” substitute “section 90ZB(7)”.

4In section 74A (expenses which may be paid otherwise than by election agent)—

(a)in subsection (1)(b), for “section 90A(1)” substitute “section 90ZB(2)”,

(b)in subsection (2), the words “(determined in accordance with section 90B below)” are repealed,

(c)in subsection (3), for “sections 90A to” substitute “section 90ZB and”.

5In section 76A(2) (application of power to vary provisions about election expenses)—

(a)the word “or” immediately following paragraph (c) is repealed,

(b)after paragraph (c) insert—

“(ca)section 75A(5) above; or”.

6In section 81 (return as to election expenses)—

(a)in subsection (2)(c), after “section 75(2)” insert “or 75A(6)”,

(b)in subsection (9)—

(i)for “subsection (3)” substitute “subsection (4A)”, and

(ii)the words “of each such matter” are repealed.

7In section 89 (inspection of returns and declarations)—

(a)in subsection (1), after “section 75,” insert “75A,”,

(b)in subsection (3), after “section 75” insert “or 75A”.

8In section 90C(2) (property, goods, services etc. provided free of charge or at a discount), for “section 90A(3)” substitute “section 90ZB(4)”.

9In section 118 (interpretation of Part 2), in the definition of “election expenses” for “sections 90A” substitute “sections 90ZB”.

10In section 129(7)(b) (time for presentation or amendment of petition questioning local election), after “section 75” insert “or 75A”.

11In section 168(1)(a)(i) (prosecution for corrupt practices), before “above” insert “or 62B”.

12In section 179 (offences by associations), after “section 110” insert “or 110A”.

13The amendments made by paragraphs 3, 4, 6(b), 8 and 9 apply to the 1983 Act only so far as it applies to a local government election in Scotland.

Scottish Local Government (Elections) Act 2002 (asp 1)

14In section 5(4) of the Scottish Local Government (Elections) Act 2002, for “75(1)” substitute “75A(2)”