HL Deb 28 March 1974 vol 350 cc751-3

4.23 p.m.

THE MINISTER OF STATE, SCOTTISH OFFICE (LORD HUGHES) rose to move, That the Representation of the People (Scotland) Regulations 1974, be approved. The noble Lord said: My Lords, before speaking to the Regulations, I should like to join in the congratulations extended to my noble friend on his maiden speech. I should like to tell him that the noble Viscount, Lord Colville of Culross, will always reply to him in the same courteous and felicitous terms, even when he is totally disagreeing with him, just as he will when in total agreement because he recognised parts of the speech in advance. The noble Duke will also be equally polite—and nearly always as difficult. I am just wondering what rod he has in pickle for me on the Scottish Regulations, which he obviously has read. One of the advantages of having the Scottish Regulations following the English ones—although they are not identical, some parts are the same—is that I have to make a shorter speech. This fits in both with the convenience of your Lordships' House and the natural instincts of the Scottish Office for economy.

These Regulations amend the Representation of the People (Scotland) Regulations 1969 so as to make Part IV of the 1969 Regulations, which deals with the issue and receipt of postal ballot papers, apt for elections of councillors for the new local authorities to be established under the provisions of the Local Government (Scotland) Act 1973. The first elections to the new authorities take place on May 7 and accordingly the amendments apply from April 1 so that they will be effective for the election period which starts early in April.

The effect of Regulations 2 and 4 is to require references in Part IV of the 1969 Regulations to "election rules" to be construed, in relation to local elections, as references to the Scottish Local Elections Rules 1974 instead of to the Scottish Local Elections Rules in Schedule 3 to the Representation of the People Act 1949. The 1974 Rules made on January 21, 1974, under Section 7 of the Local Government (Scotland) Act 1973, were laid before Parliament on February 7 and came into force on April 1. They govern the conduct of elections to the new authorities. The Rules in the 1949 Act governed the elections to the old authorities, elections to which have now been suspended under the provisions of the 1973 Act.

Regulation 3 amends Regulation 57, also contained in Part IV of the 1969 Regulations, with the effect of requiring documents in connection with postal voting to be forwarded by the returning officer to the proper officer of the council to which elections are held, with special provision for the first elections when a proper officer will not have been appointed, instead of to the appropriate county or town clerk. The regulations do not introduce any changes in procedure; they are essentially consequential on the introduction of new local elections rules which in turn were made to take account of the new structure of local government. I would suggest to those of your Lordships who are interested that this will be much more intelligible if you read it in Hansard to-morrow than it sounds this afternoon. I beg to move.

Moved, That the Representation of the People (Scotland) Regulations 1974, be approved.—(Lord Hughes.)

VISCOUNT COLVILLE OF CULROSS

My Lords, I do not know what the noble Duke, the Duke of Atholl will find to say on this, but I thought that the noble Lord, Lord Hughes, stuck extraordinarily closely to the Explanatory Note, although he in fact explained it rather more fully than does that Note. As the last few sentences spoken by the noble Lord suggested that these Regulations are purely consequential (which is rather what I thought by looking at the text), I do not think I have any questions to ask him. Therefore, I welcome them and note that they will come into force on, I think, Monday, parallel with the other Regulations that he mentioned, which were made earlier this year.

THE DUKE OF ATHOLL

My Lords, I know that I am going to disappoint the noble Lord opposite in that I too have absolutely no questions on these Regulations, even though I had to look at them as a Member of the Joint Select Committee on Statutory Instruments.

LORD HUGHES

My Lords, I would only say to the noble Duke that he does not disappoint me in the slightest; he relieves me.

On Question, Motion agreed to.