Commentary on Provisions Local government elections Section 32– Power of convener of Electoral Management Board to postpone ordinary local election
98.Section 43 of the Representation of the People Act 1983 (the “1983 Act”) sets out that Scottish local government elections are to occur on the first Thursday in May in every year in which ordinary elections are to be held (see section 5 of the Local Government etc. (Scotland) Act 1994) unless specified by order under subsections (1)(b), (1AB) or (1B) of that section.
99.This section amends the 1983 Act to give the convener of the Electoral Management Board for Scotland a power to postpone the ordinary election by up to 4 weeks. Before fixing a new date the convener must consult the Electoral Commission, the Scottish Ministers and the Secretary of State. As soon as reasonably practicable after fixing another date the convener must publish a statement setting out setting out the day fixed for the holding of the poll and the reasons for the exercise of the power.