FOURTH SCHEDULE.—(Amendments of local elections rules.) (Hansard, 15 June 1948)

§ Mr. Woodburn
I beg to move, in page 164, line 21, at the end, to insert: or in Scotland on a public holiday. In the case of the rules governing the issue and receipt of ballot papers for voting by post, the list of days in subparagraph (4) is added to by including "a public holiday" with respect to Scotland, so that the issue of a ballot paper to those voting by post shall not require to be done in Scotland on a public holiday.

Mr. McKie (Galloway)
I would like to know if the addition of these words "or a public holiday" relates to Christmas Day and Good Friday. As the Secretary of State for Scotland knows, these days are not officially recognised in Scotland, and have not been recognised since the Reformation. Therefore, will the addition of these words "public holiday" so far as Scotland is concerned make it possible in Scotland to do what is not possible in England, namely, to serve these notices on Christmas Day or a Good Friday? The Amendment has made no provision for this point.

§ Mr. Woodburn
If I may reply with the leave of the House, this is an extra advantage for Scotland.

§ Mr. Younger
I beg to move, in page 167, line 33, to leave out paragraph 2, and to insert: 2. In the case of a candidate who is outside the United Kingdom, a notice of withdrawal signed by his proposer and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom shall be of the same effect for the purpose of paragraph 7 of Part I of the local elections rules as a notice of withdrawal signed by the candidate: Provided that where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, but only if,—

(a)it and the accompanying declaration are signed by all the proposers except any who is, and is stated in the said declaration to be, outside the United Kingdom; or

(b)it is accompanied, in addition to the said declaration, by a written statement 392 signed by the candidate that the proposer giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom."

This Amendment applies to local government elections the same provision relating to the withdrawal of a candidate who is abroad as the House has already approved for Parliamentary elections.

§ Mr. Younger
I beg to move, in page 168, line 20, at the beginning to insert: (1) In paragraph 16 of Part III of the local elections rules for England and Wales (which enables two electors to require the questions there set out to be put to an applicant for a ballot paper) the reference to two electors shall cease to have effect. In Committee words were left out enabling two electors to require a presiding officer to put the statutory questions to a person applying for a ballot paper. The purpose of this Amendment is to put local government elections on the same footing in this respect as Parliamentary elections.

§ Mr. Younger
I beg to move, in page line 23, at the end to insert: and any reference in the said paragraph 17 to a polling agent shall include a reference to a candidate or his election agent. This Amendment also has the effect of putting local government elections on the same footing as Parliamentary elections.

§ Mr. Younger
I beg to move, in page 169, line 16, at the end, to insert: (4) The provisions of section two hundred and ninety-five of the local elections Act and, in England and Wales, paragraph 12 of Part I of the local elections rules (which provide for excluding Sundays and other days therein mentioned) shall not apply in relation to the counting of the votes and the other proceedings of the returning officer after the close of the poll or to things done by other persons in the course of those proceedings, 393 but the returning officer shall not be obliged to proceed with the counting on any day to which those provisions apply. The purpose of this Amendment is to make it clear that the returning officer may at his discretion continue the counting of votes into a Sunday or a holiday, which are days which may otherwise be disregarded for other purposes under the Bill. He is, of course, under no compulsion to do so, but it would enable him to complete the count in those circumstances.

§ Mr. Woodburn
I beg to move, in page 170, line 31, after "if" to insert:

"(i) in sub-paragraph (3) of paragraph 1 and sub-paragraph (2) of paragraph 3, for the expression "Mayor," there were substituted the expression "town clerk";

(ii) for references to the proposer and to the seconder of a candidate there were respectively substituted references to the proposer whose name appears first and to the proposer whose name appears second on a nomination paper in respect of the candidate; and

(iii)."

In Scotland the town clerk and not the returning officer deals with matters in this part of the Bill, and, therefore, this Amendment seeks to substitute the town clerk for the mayor. The second part of the Amendment refers to the question of the proposer and seconder. The expressions "proposer" and "seconder" are not used in Scotland, and in this case it will be necessary to refer to the first and second proposers.