Part 1Electoral Management Board for Scotland

Establishment of Board etc.

1Electoral Management Board for Scotland

F1(1)

The committee established and known as the Electoral Management Board for Scotland continues to exist and becomes a body corporate to be known under the same name.

F2(2)

The Board has the general functions of co-ordinating the administration of—

(a)

Scottish parliamentary elections, and

(b)

local government elections in Scotland.

F3(3)

Those functions include—

(a)

assisting regional returning officers, constituency returning officers, local authorities and other persons in carrying out their functions in relation to Scottish parliamentary elections,

(b)

assisting returning officers, local authorities and other persons in carrying out their functions in relation to local government elections, and

(c)

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

F4(4)

The schedule makes further provision about the status, membership, etc. of the Board and about other administrative matters in connection with the Board.

F52Membership

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53Duration of appointment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54Procedure etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions

F64ADirections to returning officers: Scottish parliamentary elections

(1)

The convener may give directions in writing to regional returning officers and constituency returning officers about the exercise of their functions in relation to—

(a)

Scottish parliamentary elections generally, or

(b)

a particular Scottish parliamentary 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.

5F7Directions to returning officers: local government elections

(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.

F85ADirections to electoral registration officers: Scottish parliamentary elections

(1)

The convener may give directions in writing to electoral registration officers about the exercise of their functions in relation to a particular Scottish parliamentary 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.

6F9Directions to electoral registration officers: local government elections

(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 F104A, 5, 5A or 6, the convener must consult—

(a)

the other members of the Board,

(b)

the Electoral Commission.

F11Planning and reporting on the Board’s functions

7AStrategic plans

(1)

The Board must, at least 6 months before the start of a 5 year period, submit to the Parliamentary corporation a plan (referred to in this section as a “strategic plan”) setting out, for that 5 year period—

(a)

the Board’s strategic and policy priorities relating to those of its functions mentioned in section 1(3),

(b)

how it proposes to achieve them,

(c)

timetables for doing so, and

(d)

estimates of the costs of doing so.

(2)

The Parliamentary corporation—

(a)

must examine each strategic plan submitted to it,

(b)

must decide whether it is satisfied with the plan, and

(c)

if it is not so satisfied, may recommend such modifications to the plan as it considers appropriate.

(3)

Before deciding whether it is so satisfied or making any such recommendations, the Parliamentary corporation may provide the strategic plan to invite, and (if any are given) consider, comments on it from—

(a)

a committee of the Scottish Parliament, and

(b)

such other persons as the Parliamentary corporation consider appropriate.

(4)

The Parliamentary corporation must, as soon as reasonably practicable after concluding its examination and making its recommendations (if any) under subsection (2), report to the Board on its findings and recommendations.

(5)

After the Parliamentary corporation has reported to the Board under subsection (4), the Board must—

(a)

make whatever modifications to the strategic plan the Board consider necessary in light of the Parliamentary corporation’s findings and recommendations,

(b)

lay the plan before the Scottish Parliament, and

(c)

if the Board do not follow any of the Parliamentary corporation’s recommendations for modifications to the plan under this section, lay before the Scottish Parliament a document describing its reasons for so doing.

(6)

The Board may, at any time during the 5 year period to which a plan relates, review the strategic plan for that period and submit a revised plan to the Parliamentary corporation setting out the matters mentioned in subsection (1).

(7)

Subsections (2) to (5) apply to a revised plan submitted under subsection (6) as they apply to a strategic plan submitted under subsection (1).

(8)

In this section, “5 year period” means each period of 5 years beginning on the first day of the financial year following each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983).

7BReports requested by the Scottish Ministers

(1)

The Scottish Ministers may request that the Board—

(a)

review, and

(b)

submit a report to them on,

any matter relating to the Board’s functions mentioned in section 1(3).

(2)

Before making a request under subsection (1), the Scottish Ministers must consult the Parliamentary corporation.

(3)

The Board must comply with a request under subsection (1) within such time as the Scottish Ministers may request, or such later time as Ministers and the Board may agree.

(4)

The Board may, after submitting a report under this section, publish the report in such manner as it considers appropriate.

F12...

F128Annual report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

9Interpretation of Part 1 F13and the schedule

In this Part F14and in the schedule—

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

F15“constituency returning officer” means an officer appointed by order in accordance with section 12(1) of the Scotland Act 1998,

“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,

F16“former depute returning officer” means an individual who no longer holds the office but who was previously—

(a)

a depute returning officer, or

(b)

a RUK depute returning officer,

“former electoral registration officer” means an individual who no longer holds the office but who was previously—

(a)

an electoral registration officer, or

(b)

a RUK electoral registration officer,

“former returning officer” means an individual who no longer holds the office but who was previously—

(a)

a returning officer, or

(b)

a RUK returning officer,

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

F17“Parliamentary corporation” means the Scottish Parliamentary Corporate Body,

F18“regional returning officer” means an officer appointed by order under section 12(6) of the Scotland Act 1998,

F19“returning officer” means an officer who is—

(a)

appointed under section 41(1) of the 1983 Act,

(b)

a constituency returning officer, or

(c)

a regional returning officer,

F20“RUK depute returning officer” means a person appointed as a depute section 35(4) of the 1983 Act,

“RUK electoral registration officer” means an officer appointed under, or holding office in accordance with, section 8(2), (2A) or (4) of the 1983 Act,

“RUK returning officer” means an officer holding office in accordance with section 24, 26 or 35 of the 1983 Act and includes a person discharging the duties of such an officer in accordance with section 28 of that Act,

F21“Scottish parliamentary election” means an election for membership of the Scottish Parliament.

Part 2Electoral Commission: local government elections

Functions of Commission

10Reports on elections

In section 5 of the 2000 Act (reports on elections and referendums), after subsection (2A) insert—

“(2B)

After an ordinary election of councillors for local government areas in Scotland, the Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.”.

11Electoral Commission representatives and observers

(1)

In section 6A(5) of the 2000 Act (elections which may be attended by Commission representative), after paragraph (e) insert—

“(ea)

a local government election in Scotland;”.

(2)

Section 6B(3) of that Act (observation of local government elections in Scotland not permitted) is repealed.

(3)

In section 6C(3) of that Act (accredited observers: individuals), after “6F” insert “ or, in relation to a local government election in Scotland, section 6G ”.

(4)

In section 6D(4) of that Act (accredited observers: organisations), after “6F” insert “ or, in relation to a local government election in Scotland, section 6G ”.

(5)

In section 6F of that Act (code of practice)—

(a)

in subsection (1), after “6A” insert “ (other than a local government election in Scotland) ”,

(b)

in subsection (10), after “section” insert “ and section 6G ”.

(6)

After section 6F of that Act insert—

“6GCode of practice on attendance of observers at local government elections in Scotland

(1)

The Commission must prepare a code of practice on the attendance of—

(a)

representatives of the Commission;

(b)

accredited observers; and

(c)

nominated members of accredited organisations,

at local government elections in Scotland.

(2)

The code must in particular—

(a)

specify the manner in which applications under section 6C(1) and 6D(1) are to be made to the Commission;

(b)

specify the criteria to be taken into account by the Commission in determining such applications;

(c)

give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

(d)

give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

(e)

give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission;

(f)

give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

(3)

The code may make different provision for different purposes.

(4)

Before preparing the code, the Commission must consult the Scottish Ministers.

(5)

The Commission must lay the code before the Scottish Parliament.

(6)

The Commission must publish the code (in such matter as they may determine).

(7)

The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

(a)

the Commission;

(b)

representatives of the Commission;

(c)

relevant officers (within the meaning of section 6E).

(8)

The Commission may at any time revise the code.

(9)

Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.”.

(7)

Sections 8 to 11 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 are repealed.

12Consultation on changes to electoral law

In section 7(2) of the 2000 Act (instruments to be consulted upon), after paragraph (i) insert—

“(j)

an order under section 3(1) of the Local Governance (Scotland) Act 2004.”.

13Performance standards

(1)

In section 9A(6) of the 2000 Act (setting of performance standards), after paragraph (e) insert—

“(f)

a local government election in Scotland.”.

(2)

Sections 1 to 3 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 are repealed.

14Advice and guidance

(1)

Section 10 of the 2000 Act (giving of advice and assistance) is amended as follows.

(2)

In subsection (7), the words “other than a local government election in Scotland” are repealed.

(3)

Subsections (8) to (10) are repealed.

15Education about electoral systems

(1)

Section 13 of the 2000 Act (promotion of public awareness of electoral and government systems) is amended as follows.

(2)

Subsections (3) and (7) are repealed.

(3)

In subsection (8), for “by virtue of an order made by the Scottish Ministers under subsection (7)” substitute “ in relation to local government elections in Scotland ”.

Financing and reports etc.

16Financing of Commission

(1)

The 2000 Act is amended as follows.

(2)

In section 13—

(a)

in subsection (8), the words from “but” to “Ministers” are repealed,

(b)

subsections (9) to (11) are repealed.

(3)

After section 13 insert—

“13AReimbursement of costs by Scottish Ministers etc.

(1)

The Scottish Ministers must reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of the functions mentioned in subsection (2).

(2)

The functions are the Commission's functions under this Part in relation to local government elections in Scotland.

(3)

The total expenditure incurred in any financial year by the Commission in performing the functions mentioned in subsection (2) must not exceed such sum as is for the time being specified by an order made by the Scottish Ministers.

(4)

The power to make an order under subsection (3) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.”.

(4)

In paragraph 14(1)(a) of Schedule 1, for “13(9)” substitute “ 13A ”.

17Reports on Commission's functions

(1)

Schedule 1 to the 2000 Act is amended as follows.

(2)

In paragraph 20 (reports), after sub-paragraph (2) insert—

“(3)

The functions referred to in sub-paragraph (1) do not include the Commission's functions under Part 1 in relation to local government elections in Scotland.”.

(3)

After paragraph 20 insert—

“20A

(1)

The Commission must, as soon after the end of each financial year as may be practicable, prepare and lay before the Scottish Parliament a report about the performance of the functions mentioned in sub-paragraph (3) during that financial year.

(2)

On laying the report, the Commission must publish the report in such manner as they may determine.

(3)

The functions are the Commission's functions under Part 1 in relation to local government elections in Scotland.”.

18Consequential amendments

The Scottish Public Services Ombudsman Act 2002 is amended as follows—

(a)

in section 7 (restrictions on investigations), after subsection (6C) insert—

“(6D)

The Ombudsman must not investigate action taken by or on behalf of the Electoral Commission unless the action taken concerned local government elections in Scotland.”,

(b)

in Part 2 of schedule 2 (listed authorities), after paragraph 91B insert—

“91BA

The Electoral Commission.”.

Interpretation

19Interpretation of Part 2

In this Part, “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000.

Part 3General

20Ancillary provision

(1)

The Scottish Ministers may by order made by statutory instrument make such incidental, consequential, transitional, transitory, or saving provision (including by modifying an enactment) as they consider necessary or expedient for the purposes of or in connection with this Act.

(2)

Subject to subsection (3), a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3)

A statutory instrument containing an order under this section which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

21Commencement

(1)

This Act (except this section and sections 20 and 22) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

(2)

An order under subsection (1) may include such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the commencement of this Act.

22Short title

The short title of this Act is the Local Electoral Administration (Scotland) Act 2011.