HC Deb 14 June 1948 vol 452 cc168-70

(1) The poll at a local government election in Scotland shall, subject as hereinafter provided, commence at eight o'clock in the morning and shall be kept open until eight o'clock in the afternoon of the same day and no longer.

(2) If before the time appointed by Part II of the Second Schedule to the Local Government (Scotland) Act, 1947, for the delivery of notices of withdrawals of nominations—

  1. (a) the appropriate council resolve; or
  2. (b) there is delivered at the place at which such notices as aforesaid are required to be delivered a notice signed by the candidate or candidates authorised as hereinafter mentioned, requesting
that the poll at a local government election shall
  1. (i) commence at seven o'clock in the morning; or
  2. (ii) be kept open until nine o'clock in the afternoon; or
    3. 169
  3. (iii) commence at seven o'clock in the morning and be kept open until nine o'clock in the afternoon
the poll shall commence or be kept open in accordance with such resolution or notice.

(3) For the purposes of the last foregoing subsection—

  1. (a) the appropriate council shall be, in relation to the election of a county councillor or to the election of an elected district councillor or councillors, the county council, and in relation to the election of a town councillor or councillors the town council, and
  2. (b) the candidate or candidates authorised shall be in the case of an election where only one councillor is to be elected a candidate nominated at that election, and in the case of any other local government election a number of candidates nominated at the election not being less than the number of councillors to be elected.

(4) A resolution under Subsection (2) of this section shall not be passed unless the council are satisfied that the extension of the hours during which the poll is to be open is necessary in order to afford all the electors such reasonable facilities for voting as are practicable in the circumstances, and a notice signed by a candidate under the said subsection shall be of no effect if the candidate is not validly nominated or withdraws or is deemed to have withdrawn from his candidature or if the candidate or candidates signing the notice withdraws or withdraw the request by a notice signed by him or them and delivered at the place and before the time appointed by Part II of the Second Schedule to the Local Government (Scotland) Act, 1947, for the delivery of notices of withdrawals of nominations.

(5) Where in pursuance of the foregoing provisions of this section the poll at an election of a county councillor for an electoral division is required to commence earlier or to be kept open later than the hours specified in subsection (1) of this section, the requirement shall apply to the poll at an election of a district councillor or councillors for that division or any ward thereof, and where any such requirement is in operation as regards the election of an elected district councillor or councillors for any such electoral division or any ward thereof the requirement shall apply to the poll at the election of a county councillor for that electoral division or to the poll in that ward as the case may be.—[Mr. T. Fraser.]

Brought up, and read the First time.

Mr. T. Fraser

I beg to move, "That the Clause be read a Second time."

This new Clause carries out the recommendations of the Carr Committee and brings the law in Scotland into line with that proposed for England and Wales in Clause 60.

Commander Galbraith (Glasgow, Pollok)

There is a point in this Clause on which we desire to have an explana- tion. It would appear from paragraph (3, b) as though it were necessary before longer hours were granted to have representations from every ward; that is to say, in an election in the City of Glasgow, there would have to be 37 representations before the extension of hours could be granted. I direct the attention of the hon. Gentleman to the words and in the case of any other local government election a number of candidates nominated at the election not being less than the number of councillors to be elected. From this it follows that if there were 37 councillors to be elected, 37 applications would have to be made, one from each ward. We cannot think that that is the intention of the Government. We imagine that the intention of the Government is that if representations are made in one ward, that would be sufficient to enable the longer hours to be granted. That is not what the Clause says, as I understand it, and we should like to have an explanation from the right hon. Gentleman.

Mr. Woodburn

I am glad to be able to reassure the hon. and gallant Gentleman on this matter. In Clause 76 it is stated: the expression 'local government election' means an election of councillors for any electoral area. Earlier the Clause states: the expressions 'electoral area,' large burgh' and 'small burgh' have the like meanings as in the last mentioned Act"; that is, the Local Government (Scotland) Act, 1947, and according to that Act the expressions mean a ward. For instance, in the City of Glasgow if a candidate asked for an extension of the poll, it would extend only to the ward for which he was the nominee. It would not extend to the whole of Glasgow, though it is within the power of the Corporation to deal with the whole of Glasgow if it so desires. A candidate would only have the right to ask for an extension for the ward in which he was a candidate.

Clause read a Second time, and added to the Bill.