guidance note - Aberdeen City Council

1 ABERDEEN CITY COUNCIL SCOTTISH INDEPENDENCE REFERENDUM 2014 GUIDANCE NOTE FOR COUNCIL OFFICERS

1.

INTRODUCTION AND KEY POINTS

1.1

The purpose of this note is to provide guidance to council officers on their personal responsibilities in relation to the Scottish Independence Referendum and areas of the council’s operations which are affected by the referendum process.

1.2

The key points are as follows:Council staff must by law act in a politically neutral way at all times. There is particular sensitivity around this political neutrality in the run up to the referendum. Particular care needs to be taken to ensure that any event, publicity or other communications do not express or promote support for either side of the referendum campaign. During the 28 days before the poll (which starts on Thursday 21st August), the council is prohibited from producing or facilitating publicity which deals with any aspect of the referendum. During this period only the Counting Officer can produce publicity which encourages participation. During the 28 days before the poll, persons authorised by “designated organisations” are entitled to request the use of suitable rooms within council buildings for the holding of meetings to promote their campaigns. Prior to the 28 days before the poll and for those other than “designated organisations”, rooms can be made available to campaigning groups within normal commercial letting policies. Council facilities and resources must not be used in support of either side of the referendum campaign. Campaigning material should not be placed on council notice boards or displayed in council buildings or any other council property such as cars and vans. Whilst on duty for Aberdeen City Council, staff should not display or wear any campaigning material such as rosettes, pin badges or stickers. All requests for visits to council premises by MSPs, MP’s, MEPs or campaigners must be passed to the Head of Service, Office of Chief Executive for approval. Visits of this type within the 28 day pre-poll period should be avoided where possible. It is the policy of Aberdeen City Council to make staff available for work at the Referendum. Staff undertaking referendum work on behalf of the Counting Officer should not be asked to take annual leave in order to do so and will be paid as normal in addition to receiving the appropriate allowance for the referendum duty they undertake. Where staff work at the overnight count, it is expected they will be given at least the following morning off.

Scottish Independence Referendum - Guidance

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2.

AREAS COVERED

2.1

The specific areas covered are:publicity produced or facilitated by the council; assistance to campaigners at the referendum poll; use of council premises; visits to council premises by elected representatives such as MSPs, MPs, MEPs, and campaigners; promoting political literacy in schools in connection with the independence referendum; council employees in politically restricted posts; and time off work for council employees.

3.

PUBLICITY PRODUCED OR FACILITATED BY THE COUNCIL

3.1

Statutory rules apply to councils controlling publicity which they produce or facilitate. These rules are:Local Government Act 1986 This Act provides that the council cannot at any time publish any material which in whole or in part appears to be designed to affect public support for a political party [section 2(1)]. “Publicity”, “publish” and “publication” are defined in the Act as any communication in whatever form addressed to the public at large or to a section of the public [section 6(4)]. This means that publicity covers not just the obvious material such as press releases, but also public launches of new council initiatives or events attended by the public and which are organised or assisted by the council. Because the Act uses the word “appears”, it means that the test whether publicity is prohibited is an objective one, i.e., what matters is what the purpose of the publicity material means to the public – not what the council considers is its intended purpose or effect. “Affecting public support for a political party” includes disparaging opponents, i.e. affecting other political parties negatively.


3 The Act provides that in determining whether any publicity is caught by the Act, regard must be had to:the content and style of the publicity material; the time and other circumstances of publication; the likely effect on those to whom it is directed; and in particular, the following matters:whether the publicity:o refers to a political party or to persons identified with a political party; or o promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another. where the publicity is part of a campaign, the effect which the campaign appears to be designed to achieve. [section 2(2)]. The Act also provides that the council cannot give any financial assistance, or assistance in kind, to any person to produce publicity which the council is prohibited from publishing itself [section 2(3)]. This means, for example, that the council cannot facilitate another person or body to produce prohibited publicity by allowing council facilities to be used by others for such purpose. Council publicity should be designed and presented in such a way so that it does not appear to persons outside the council to be designed to promote a political party or a candidate or a group of candidates of the same party, or to reduce support for any party or its candidates. In the application of the publicity rules for the independence referendum, particular regard must be had to publicity which promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another, and also whether the publicity is part of a campaign which is associated with the referendum question. The Act also provides that the council, when producing any publicity, must have regard to the statutory Code of Recommended Practice on Local Authority Publicity [section 4(1)]. Code of Recommended Practice on Local Authority Publicity This is a statutory code issued in 1988 under the 1986 Act by the Secretary of State for Scotland and the Secretaries of State for the rest of Great Britain. It is not concerned with the interpretation of the statutory rules on prohibited publicity outlined above. It is concerned with all publicity which councils may lawfully produce or facilitate, and it highlights factors which should be borne in mind in making decisions on publicity which deals with matters or issues which are, politically or otherwise, controversial but which are not prohibited by the 1986 Act. For the purposes of this guidance note, the Code states: “The functions of the local authority are discharged by the council corporately. It is therefore inappropriate for public resources to be used to publicise individual councillors. However, in the interests of public accountability, it may be appropriate to Scottish Independence Referendum - Guidance

4 give publicity to the views or activities of individual members when they are representing the council as a whole, such as where a committee convener opens a new scheme or launches a new council policy on behalf of the council” [paragraphs 39 and 40]. Scottish Independence Referendum Act 2013 This Act provides that Scottish public authorities, including local authorities, as well as Scottish Ministers and the Scottish Government, cannot publish in the 28 days ending with the date of the independence referendum poll any material which:(a)

provides general information about the referendum;

(b)

deals with any of the issues raised by the referendum question;

(c)

puts any arguments for or against any outcome, and

(d)

is designed to encourage voting at the referendum.

[Schedule 4, paragraph 26 (1)] Exceptions to this prohibition are – where material is made available to persons in response to specific requests for information or to persons specifically seeking access to it. anything done by or on behalf of the Chief Counting Officer for the referendum or the Counting Officer for each council area. or the publication of information relating to the holding of the poll. [Schedule 4, paragraph 26(2) and (3)] “Publish” is defined in the 2013 Act as meaning to make available to the public at large, or any section of the public, in whatever form and by whatever means, and “publication” is defined accordingly. [Schedule 4, paragraph 26(4)] 3.2

The forthcoming independence referendum will be held on 18 September 2014. This means that the period of tighter rules on council publicity under the 2013 Act, i.e. during the 28 day pre-poll period, will be from Thursday 21 August 2014 to Thursday 18 September 2014.

3.3

During this 28 day pre-poll period, the council must, in effect, avoid producing or facilitating unsolicited publicity or communication to the public at large or a section of the public which deals with any aspect of the referendum or the issues raised by the independence poll, except information relating to the holding of the poll.

3.4

This prohibition on the council regarding publicity during the 28 day pre-poll period does not apply to the Chief Counting Officer or the council’s Chief Executive as Counting Officer [Schedule 4, Paragraph 26(3)]. Moreover, the Chief Counting Officer


5 must take whatever steps she considers appropriate to encourage participation in the referendum and to facilitate co-operation among Counting Officers who are also required to take such steps in their council area [section 26, 2013 Act]. 3.5

In addition, the council must provide, or ensure the provision of, such property, staff and services as may be required by the Counting Officer for the carrying out of her counting officer functions [section 7(9), 2013 Act].

3.6

The combined effect of these statutory provisions in the 2013 Act is that while the council itself cannot produce or facilitate publicity or communication directed at the public at large or a section of the public, the council can support the Counting Officer to produce publicity directed at the public at large or a section of the public to encourage participation in the referendum, e.g. targeting 16 and 17 year olds to register to vote in the referendum and the procedures to follow in casting their votes. In so doing, it will be essential for any such publicity to be clearly identified with the Counting Officer and not with the council so as to avoid any breach of the prohibition on council publicity during the 28 day pre-poll period.

3.7

Examples of the types of publicity generated by the council and where particular care needs to be taken in the 28 day pre-poll period are:council publications; use of photographs of persons who are associated with either of the campaigns in the referendum; council events e.g. project launches, opening of buildings, or groundbreaking ceremonies; press releases; mailshots by services to sections of the local community, or each household in council area;

4.

ASSISTANCE TO CAMPAIGNERS AT THE REFERENDUM POLL

4.1

The council is prohibited by legislation from giving any assistance in cash or in kind to campaigners in the referendum. This is because the 2013 Act limits donations to permitted participants in the referendum from permissible donors only, and the council is not listed in the Act as one of the permissible donors [Schedule 4, paragraphs 1(2), 2 and 34]. “Donation” for this purpose includes not only a gift or sponsorship but also provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of a permitted participant [Schedule 4, paragraph 30(1)].

4.2

The provision of free office accommodation or travel passes are examples of impermissible donations. It makes no difference whether the council makes such facilities available to all campaigners on an equal basis. This is because Schedule 4


6 to the 2013 Act allows only persons defined as “permissible donors” to give donations or assistance to campaigners who are designated as permitted participants under the Act, and the council is not listed in the Act as a permitted participant [Schedule 4, paragraphs 2 and 29(1)]. The council can provide office accommodation on a commercial basis to a permitted participant in line with normal council letting policy.

5.

USE OF COUNCIL PREMISES For Campaigners’ Meetings

5.1

Under the 2013 Act, the Electoral Commission may designate one of the campaign bodies registered with them as the lead campaign group for each of the Yes and No campaigns. These bodies are referred to in the Act as “designated organisations”.

5.2

The 2013 Act allows persons authorised by these designated organisations to use suitable rooms within schools and other public meeting rooms maintained by the council, where available, for the holding of meetings to promote their campaigns [Schedule 4, paragraphs 8 and 9]. This right applies for the period of 28 days ending with the day before polling day, i.e. from 21 August 2014 to 17 September 2014.

5.3

Such authorised persons are entitled to use such rooms free of charge but are required to pay for any expenses incurred during the meeting, such as heating, lighting and cleaning, and for any damage to the premises.

5.4

The council is required to keep a list of such rooms available. This list is the same one as the council is required to keep for candidates’ election meetings at UK parliamentary elections [Schedule 4, paragraph 9(4)].

5.5

The use of such accommodation is a statutory right of all authorised persons and is not subject to any conditions under the legislation other than the suitability and availability of the accommodation and the payment of the expenses described above. Campaigners’ Posters and Other Advertising

5.6

The council must not allow its premises or facilities to be used by campaigners or political parties to promote a point of view on the referendum question or to campaign publicly on the referendum debate as this may be in breach of the 1986 Act.

5.7

Aberdeen City Council does not allow the display of political or campaigning posters on any of its properties and this extends to the council’s road lighting columns and road signs.

5.8

Party political or campaigning material should not be placed on notice boards or displayed in council buildings or any other council property such as cars and vans.

5.9

Whilst on duty for Aberdeen City Council, staff should not display or wear any campaigning material such as rosettes, pin badges or stickers.


7 5.10

It is appropriate that public notification of councillors’ surgeries should continue to be given. The placing of a normal surgery notice on notice boards in council buildings is therefore permissible. Surgery notices on notice boards should be monitored by the employees responsible for notice boards to ensure that they are reasonable in size and quantity.

6.

VISITS TO COUNCIL PREMISES BY ELECTED REPRESENTATIVES AND CAMPAIGNERS

6.1

The rules on council publicity set out at section 3 above must be considered carefully when dealing with proposed visits to council premises or facilities by MSPs, MPs, MEPs or campaigners. These rules apply at any time, not just in the 28 day pre-poll period. Requests to visit council facilities, particularly schools, are likely to become more frequent and this is likely to continue until the date of the referendum poll. This is because this referendum is different from previous electoral events in that for the first time the franchise has been extended to those who will be 16 years old on or before the date of the referendum. As a result of this change, it is anticipated that those campaigning on behalf of both sides of the independence debate will seek greater access to educational establishments with a view to influencing the views of those within the 16-18 year old age group. All requests from MSPs, MPs, MEPs or campaigners to visit council premises must be forwarded to the Head of Service, Office of Chief Executive for approval.

6.2

It is normal for elected representatives to visit schools usually as invited guests for an event organised by the school. Mainly, these visits are linked to the curriculum in schools or to a council organised event or occasion and are not connected to any electoral event. There is no issue with such organised visits but, where possible, the council should seek to avoid them during the 28 day pre-poll period.

6.3

The key tests under the rules on council publicity for determining whether any proposed visit should be allowed are:whether the event is likely to give rise to references to a political party or persons identified with a political party. whether the event is likely to generate publicity directed at the public or a section of the public and which promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another. where the event is likely to appear to be part of a campaign, the effect which the campaign appears to be designed to achieve.

6.4

The first step is to assess whether the proposed visit would contravene any of those tests. To do so, it is essential to ascertain what the purpose of the visit is and who is initiating it, e.g. council officers or the elected representative. For this purpose, the referendum and issues arising from the referendum question will be viewed as questions of political controversy that can be identified as the view of one political party and not of another.


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6.5

If the event would contravene any of those tests, it is likely that the conclusion will be that the visit should not take place. Before confirming to the proposed visitors that the visit should not take place, the Head of Service, Office of Chief Executive should be consulted.

6.6

If the visit would not contravene the statutory rules on council publicity, the next step is to consider whether it would be appropriate for the proposed visit to take place in terms of any management rules or protocols in place regarding the delivery of service in the particular service area in question, e.g. whether the visit would disrupt normal business.

6.7

If the visit is considered appropriate from a service perspective, the next step is to consider the procedures to be followed in setting it up. The council’s Multi Member Ward Protocol for Officers sets out procedures for officers arranging or attending meetings with MSPs, MPs and MEPs on council business, and gives advice on the need to distinguish between issues which are “political” in nature, whether party political or otherwise, and issues which are “civic” in nature with no overtly political aspect. Whilst these procedures and guidance do not deal specifically with proposed visits by elected representatives, they are useful for officers dealing with such visits.

6.8

During the 28 day pre-poll period from 21 August to 17 September 2014, tighter rules apply to the council regarding council publicity. These rules are stated in section 3 above.

7.

PROMOTING POLITICAL LITERACY IN SCHOOLS IN CONNECTION WITH THE INDEPENDENCE REFERENDUM

7.1

Specific guidance has been prepared for circulation to Directors of Education

8.

EMPLOYEES IN POLITICALLY RESTRICTED POSTS

8.1

Under the Local Government and Housing Act 1989, Section 2, a number of council employees hold posts which are politically restricted. There are a number of reasons contained in the legislation which determine which posts fall into this category, e.g.:(1)

Statutory Officers;

(2)

Chief Officers (those reporting directly to the Chief Executive);

(3)

Deputy Chief Officers (those reporting directly to Chief Officers, such as Heads of Service); Note - the reference to "Chief Officer" here is a statutory term used in the 1989 Act for the purpose of defining politically restricted posts, and has nothing to do with chief officers under JNC terms and conditions;


9 (4)

those to whom powers have been delegated under the council's Scheme of Delegation to Officers;

(5)

those regularly advising the council or its committees;

(6)

those regularly speaking to journalists or broadcasters on behalf of the council.

8.2

A list of all the politically restricted posts is maintained centrally by HR.

8.3

The activities which such post holders cannot undertake are set out in the Local Government Officers (Political Restrictions) Regulations 1990, and are:(a)

announce, or cause, authorise or permit anyone else to announce that they are, or intend to be a candidate for election as a member of the House of Commons, the Scottish or European Parliaments or a local authority.

(b)

act as an election agent or sub-agent for a candidate for election to the House of Commons, the Scottish or European Parliaments or a local authority.

(c)

be an officer of a political party or a committee or sub-committee member of a party or branch, if this entails involvement in the general management of, or acting on behalf of, the party or branch.

(d)

canvass on behalf of a political party or on behalf of a person who is or proposes to be a candidate for election.

(e)

speak to the public at large or to a section of it with the apparent intention of affecting public support for a political party.

(f)

publish any written or artistic work if it appears to be intended to affect public support for a political party, as opposed to, for example, displaying a poster on their private property or vehicle.

8.4

Nothing in the above prohibitions prevents an employee from engaging in such activities to such an extent as is necessary for the proper performance of their official duties.

8.5

Those employees in categories (5) and (6) above can appeal against their inclusion in the list of politically restricted posts. The appeals are determined by the Local Government Political Restrictions Exemptions Adjudicator for Scotland.

8.6

Restrictions (a) to (d) above relate to activity connected to candidates and elections and do not apply to referendums. Restrictions (e) and (f) potentially could apply to the independence referendum since they relate to activity which appears to be intended to affect public support for a political party.

8.7

However, the Adjudicator has issued guidance in February 2012 which advises that there is nothing in the 1990 Regulations which prohibits holders of politically restricted posts from canvassing in the run-up to a referendum. His advice is that such post


10 holders may canvass for a particular outcome but should not be associated with any political party, even if one or more parties is associated with that outcome. The conclusions drawn by observers, according to the Adjudicator, are immaterial, so long as the post holder does nothing overtly political such as mentioning a particular political party when speaking to voters or distributing material which is identified with a political party or assisting a political party with their campaigning. 8.8

While the application of the 1990 Regulations may be debatable, the holder of a politically restricted post who campaigns in the referendum debate is likely to be seen as not acting in a politically neutral way since the referendum question is undoubtedly a matter of particular political controversy. Although such activity would require to be undertaken in the employee’s own time, such activity could give rise to the perception that the required political neutrality in carrying out their council duties would be affected adversely.

8.9

Any council employee who occupies a politically restricted post and wishes to campaign at the referendum in their own time should discuss the matter with their line manager and inform the Head of Service, Office of Chief Executive. The council will discourage such activity since it has the potential to undermine the confidence of elected representatives in the carrying out of their council duties.

9.

TIME OFF WORK FOR COUNCIL EMPLOYEES To Work at the Referendum-

9.1

It is the policy of Aberdeen City Council to make staff available for work at the Referendum. Staff undertaking referendum work on behalf of the Counting Officer should not be asked to take annual leave in order to do so and will be paid as normal in addition to receiving the appropriate allowance for the referendum duty they undertake. Where staff work at the overnight count, it is expected they will be given at least the following morning off. For Campaigning -

9.2

Any employee, whether or not in a politically restricted post, will not be granted paid leave of absence for the purpose of campaigning on the referendum question since that would mean the council facilitating publicity on a matter of political controversy which is identifiable as the view of one political party and not of another. Where an employee wishes to undertake such activity otherwise than in their own time, such requests for time off should be dealt with under the normal council policy for granting annual leave or unpaid leave of absence.

10.

FREQUENTLY ASKED QUESTIONS AND ANSWERS –

10.1

Guidance on FAQs is attached at Appendix 1 along with a list of the statutory references referred to in this note in Appendix 2.


11 10.2

The scenarios listed in Appendix 1 are for illustration of the kind of situations that can arise from the holding of the referendum. If a service encounters any of the circumstances described advice should be sought from an appropriate senior officer.


12 APPENDIX 1

FREQUENTLY ASKED QUESTIONS and ANSWERS

The following are examples of issues which can arise. It must be remembered that the final advice will turn on the exact circumstances and these FAQs are given only to provide an indication of the type of issues which should be considered. They are not a substitute for specific, detailed advice. 1. A council service proposes to hold a public meeting in the 28 day pre-election period to discuss a matter of particular concern to the community. It is likely to attract interest from local politicians. Should the meeting be postponed? Generally where the subject matter of the meeting is controversial, it would not be appropriate to hold such a meeting in the pre-election period, nor immediately before it officially begins. 2. A controversial item is on the agenda for a meeting of the council or a committee which will be held during the 28 day pre-election period. Should consideration of the item be postponed until after the election? Probably not. As a general rule, the work of the council should continue and the item should be considered. However, the Chief Executive or his/her staff may consider there is too great a risk in considering the item prior to the election and it may be postponed as a result. The general rule should be in favour of business as usual, particularly where the item of business is urgent from a service delivery perspective. 3. A school has been approached by an elected representative who wishes to meet pupils and have a general discussion with them about topics of concern to them. Is it okay to allow the visit? Maybe. You have to show even-handedness towards both sides of the campaign. It would therefore be acceptable to invite representatives from both sides to meet the pupils, for example, by holding a mock hustings meeting, but it would not be appropriate to allow only one side to meet the pupils. As long as both sides have been given the opportunity to be represented, then the event can proceed. 4. Officers have been asked to attend an event to give advice on council services. Is this okay? The first issue is whether or not it would be appropriate for officers to attend in terms of the statutory rules on council publicity. It would depend on the nature of the event, who was running it and when it was being held. If the event is associated with a particular political party and is being held during or immediately before the beginning of the 28 day pre-election period, then officers should not attend. If it is being held outwith this period, then a decision would have to be made on whether or not the event appears to be designed to affect public support for a political party. If so, then again officers should not attend. If the event does not appear to be designed to affect public support for a political party, then a second issue needs to be addressed, namely the procedures to be followed for officer attendance in terms of the council’s Multi Member Ward Protocol for Officers.


13 5. Is it okay for a campaigner to take photographs outside a council office or facility? The taking of photographs by campaigners, political party officials and other staff of any part of any council building, should be discouraged, and not facilitated by council staff. Campaigners and officials should be aware that photography in and around schools is strictly prohibited. 6. What do I do if a campaigner/political party refuses to accept my decision? Contact the appropriate senior council officer, who can discuss the issues raised with the Chief Executive’s Office as appropriate and let you and the candidate/party know the outcome of these discussions. 7. A campaigner turns up to a school on an arranged visit as part of their campaign but there are media following them. Should they be allowed in? No, unless the candidate is attending a hustings event as per question 3 above. This is allowing a council facility to be used for a party political activity involving the media without arrangement and without the agreement of a senior council officer. 8. A public consultation meeting is scheduled during the 28 day pre-election period as part of the formal planning process for a new school. Can it go ahead? Yes. This is both normal business and there are significant costs attached to any delay. 9. A campaigner or political party wants to use a council-managed public space for their campaign launch. Should it be allowed? There is a convention that certain public spaces are used for campaign activity. It is generally acceptable for these to take place so long as the events are limited, e.g. around one hour and that there is equal opportunity for all parties or candidates to use them. The council resource/effort in facilitating these should also be minimal, e.g. enabling access to a space. 10. The council was intending to facilitate a debate on an important issue to our area. Should it be cancelled? The debate must be open to participation by all parties and campaigners, and it may be advisable to limit the media participation (e.g. reactive rather than proactive). With those caveats, it could go ahead, but thought would still need to be given to whether or not the issue at hand was likely to be particularly divisive along party lines. 11. A partner organisation has asked to use a council venue for the launch of an initiative. A government minister will be attending and significant media presence is expected. Can we facilitate this? No. There may be publicly accessible spaces that can be used instead, but a council venue should not be used to facilitate media coverage for a sitting minister. A material consideration here is that other parties don't have the same opportunity to carry out such activity (which will almost inevitably be seen as campaigning). 12. An elected member wants to give their view on a matter debated at committee to the media. Is this allowed? Any elected member at any time is at liberty to do this. However, in doing so, they must not use council facilities for party political or campaigning purposes. Scottish Independence Referendum - Guidance

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13. A charity which receives funding from the council has taken an advert in a political party's newsletter. Is this allowed? There are two relevant issues here: what is the council's funding for (e.g. a general grant or for a specific purpose such as communications) and what is the advert for (e.g. notice of an event or self-promotion)? Generally, this is a low-risk activity so long as there is nothing overtly political about the organisation's activity or its advert, and will be dependent on the organisation’s grant conditions. 14. There is an event scheduled for the launch of a new service. Can elected members be invited? And what about other politicians? Such events are generally inadvisable before elections unless it is essential for the purposes of service delivery to have the launch during this period. The same applies to the independence referendum. If the launch goes ahead, who should be invited to the launch will be governed by the council’s Multi Member Ward Protocol for Officers. 15. We want to highlight a new initiative. Can the relevant committee convener be involved? Assuming the initiative is not particularly politically divisive or controversial, and there are genuine reasons why it is taking place during the 28 day pre-election period, then it is probably okay to go ahead with some publicity. However, it would be advisable to promote the service through a service user or manager in any publicity. If the relevant committee convener attends, there should be no photographs of the convener or press releases or other forms of publicity issued by the council so as to avoid the appearance of the council promoting one side of the referendum question. If the relevant committee convener attends and then is photographed or interviewed by someone from the media without council involvement, a council officer cannot (and should not) intervene.


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APPENDIX 2 LIST OF STATUTORY REFERENCES

ITEM

1. COUNCIL PUBLICITY

STATUTORY REFERENCE

LOCAL GOVERNMENT ACT 1986, Section 2 CODE OF RECOMMENDED PRACTICE ON LOCAL AUTHORITY PUBLICITY (issued under section 2 of the 1986 Act)

SCOTTISH INDEPENDENCE REFERENDUM ACT 2013, Schedule 4, paragraph 26

2. ASSISTANCE TO CAMPAIGNERS

SCOTTISH INDEPENDENCE REFERENDUM ACT 2013, Schedule 4, paragraphs 1(2), 2,29(1) and 34

LOCAL GOVERNMENT ACT 1986, Section 2(3)

SCOTTISH INDEPENDENCE REFERENDUM ACT 2013, Schedule 4, paragraphs 8 and 9 3. USE OF COUNCIL PREMISES BY CAMPAIGNERS FOR MEETINGS 4. USE OF COUNCIL PREMISES OR PROPERTY BY CAMPAIGNERS FOR POSTERS/ADVERTISING

LOCAL GOVERNMENT ACT 1986, Section 2 (2) and(3)

5. VISITS TO COUNCIL PREMISES LOCAL GOVERNMENT ACT 1986, Section 2 (2) and BY ELECTED REPRESENTATIVES (3) AND CAMPAIGNERS

6. EMPLOYEES IN POLITICALLY RESTRICTED POSTS

LOCAL GOVERNMENT AND HOUSING ACT 1989, Section 2, as amended by LOCAL GOVERNANCE (SCOTLAND) ACT 2004, section 9 LOCAL GOVERNMENT (SCOTLAND) ACT 1973, Section 31 LOCAL GOVERNMENT OFFICERS (POLITICAL RESTRICTIONS) REGULATIONS 1990 (SI 1990 No.


16 851) as amended by the LOCAL GOVERNMENT OFFICERS (POLITICAL RESTRICTIONS) AMENDMENT REGULATIONS 1998 (SI 1998 No. 3116)

7. TIME OFF WORK FOR COUNCIL EMPLOYEES: FOR POLLING PURPOSES

REPRESENTATION OF THE PEOPLE ACT 1983, Section 25 SCOTTISH PARLIAMENT (ELECTIONS etc) ORDER 2010 (SI 2010 No. 2999), Article 15 EUROPEAN PARLIAMENTARY ELECTIONS ACT 2002, Section 6 SCOTTISH INDEPENDENCE REFERENDUM ACT 2013, Section 7(9)

FOR CAMPAIGNING


LOCAL GOVERNMENT ACT 1986, Section 2 (3)