Search Legislation

Local Electoral Administration (Scotland) Act 2011

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Part 1Electoral Management Board for Scotland

Establishment of Board etc.

1Electoral Management Board for Scotland

(1)There is established a committee to be known as the Electoral Management Board for Scotland.

(2)The Board has the general function of co-ordinating the administration of local government elections in Scotland.

(3)That function includes—

(a)assisting local authorities and other persons in carrying out their functions in relation to local government elections,

(b)promoting best practice in local government elections by providing information, advice or training (or otherwise).

2Membership

(1)The Board is to have—

(a)a convener, who must be a returning officer,

(b)8 other members of whom—

(i)5 are to be returning or depute returning officers,

(ii)3 are to be electoral registration officers.

(2)The Scottish Ministers are to appoint the convener.

(3)The convener is to appoint the other members.

(4)When appointing members, the convener is to have regard to the desirability of the membership taken as a whole having a broad range of experience in relation to different local authority areas (including different kinds of areas) throughout Scotland.

3Duration of appointment

(1)A person is to be appointed to the Board for a period of 4 years.

(2)A person may be reappointed to the Board (once or more).

4Procedure etc.

(1)It is for the Board to regulate its own procedure (and quorum).

(2)The convener may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board in carrying out its functions.

Directions

5Directions to returning officers

(1)The convener may give directions in writing to returning officers about the exercise of their functions in relation to—

(a)local government elections generally, or

(b)a particular local government election.

(2)A direction may require a returning officer to provide the convener with information.

(3)A returning officer to whom a direction is given must comply with the direction.

6Directions to electoral registration officers

(1)The convener may give directions in writing to electoral registration officers about the exercise of their functions in relation to a particular local government election.

(2)But a direction is of no effect if it is inconsistent with any direction given under section 52 of the 1983 Act.

(3)An electoral registration officer to whom a direction is given must comply with the direction.

7Consultation before giving direction

Before giving a direction under section 5 or 6, the convener must consult—

(a)the other members of the Board,

(b)the Electoral Commission.

Annual report

8Annual report

(1)The convener must, as soon as practicable after the end of each financial year, prepare a report on the carrying out of the Board’s functions during the year.

(2)After securing the Board’s approval of the report, the convener must—

(a)lay the report before the Scottish Parliament, and

(b)send a copy of the report to the Scottish Ministers.

Interpretation

9Interpretation of Part 1

In this Part—

  • “the 1983 Act” means the Representation of the People Act 1983,

  • “convener” means the convener of the Board,

  • “depute returning officer” means a person appointed under section 41(2) of the 1983 Act,

  • “electoral registration officer” means an officer appointed under section 8(3) of the 1983 Act,

  • “local government election” has the meaning given in section 204(1) of the 1983 Act,

  • “returning officer” means an officer appointed under section 41(1) of the 1983 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources