http://www.legislation.gov.uk/asp/2011/10/bodyLocal Electoral Administration (Scotland) Act 2011An Act of the Scottish Parliament to establish an Electoral Management Board for Scotland; to confer functions on the Electoral Commission in relation to local government elections; and for connected purposes.texttext/xmlenStatute Law Database2026-05-31Expert Participation2026-04-01 Part 111The 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.2The Board has the general functions of co-ordinating the administration of—aScottish parliamentary elections, andblocal government elections in Scotland.3Those functions include—aassisting regional returning officers, constituency returning officers, local authorities and other persons in carrying out their functions in relation to Scottish parliamentary elections,bassisting returning officers, local authorities and other persons in carrying out their functions in relation to local government elections, andcpromoting best practice in Scottish parliamentary elections and local government elections by providing information, advice or training (or otherwise).4The schedule makes further provision about the status, membership, etc. of the Board and about other administrative matters in connection with the Board.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4A1The convener may give directions in writing to regional returning officers and constituency returning officers about the exercise of their functions in relation to—aScottish parliamentary elections generally, orba particular Scottish parliamentary election.2A direction may require a returning officer to provide the convener with information.3A returning officer to whom a direction is given must comply with the direction.51The convener may give directions in writing to returning officers about the exercise of their functions in relation to—alocal government elections generally, orba particular local government election.2A direction may require a returning officer to provide the convener with information.3A returning officer to whom a direction is given must comply with the direction.5A1The convener may give directions in writing to electoral registration officers about the exercise of their functions in relation to a particular Scottish parliamentary election.2But a direction is of no effect if it is inconsistent with any direction given under section 52 of the 1983 Act.3An electoral registration officer to whom a direction is given must comply with the direction.61The convener may give directions in writing to electoral registration officers about the exercise of their functions in relation to a particular local government election.2But a direction is of no effect if it is inconsistent with any direction given under section 52 of the 1983 Act.3An electoral registration officer to whom a direction is given must comply with the direction.7Before giving a direction under section 4A, 5, 5A or 6, the convener must consult—athe other members of the Board,bthe Electoral Commission.7A1The 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—athe Board’s strategic and policy priorities relating to those of its functions mentioned in section 1(3),bhow it proposes to achieve them,ctimetables for doing so, anddestimates of the costs of doing so.2The Parliamentary corporation—amust examine each strategic plan submitted to it,bmust decide whether it is satisfied with the plan, andcif it is not so satisfied, may recommend such modifications to the plan as it considers appropriate.3Before 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—aa committee of the Scottish Parliament, andbsuch other persons as the Parliamentary corporation consider appropriate.4The 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.5After the Parliamentary corporation has reported to the Board under subsection (4), the Board must—amake whatever modifications to the strategic plan the Board consider necessary in light of the Parliamentary corporation’s findings and recommendations,blay the plan before the Scottish Parliament, andcif 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.6The 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).7Subsections (2) to (5) apply to a revised plan submitted under subsection (6) as they apply to a strategic plan submitted under subsection (1).8In 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).7B1The Scottish Ministers may request that the Board—areview, andbsubmit a report to them on,any matter relating to the Board’s functions mentioned in section 1(3).2Before making a request under subsection (1), the Scottish Ministers must consult the Parliamentary corporation.3The 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.4The Board may, after submitting a report under this section, publish the report in such manner as it considers appropriate.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9In this Part and in the schedule—“the 1983 Act” means the Representation of the People Act 1983, “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, “former depute returning officer” means an individual who no longer holds the office but who was previously—a depute returning officer, ora RUK depute returning officer,“former electoral registration officer” means an individual who no longer holds the office but who was previously—an electoral registration officer, ora RUK electoral registration officer,“former returning officer” means an individual who no longer holds the office but who was previously—a returning officer, ora RUK returning officer, “local government election” has the meaning given in section 204(1) of the 1983 Act, “Parliamentary corporation” means the Scottish Parliamentary Corporate Body, “regional returning officer” means an officer appointed by order under section 12(6) of the Scotland Act 1998, “returning officer” means an officer who is—appointed under section 41(1) of the 1983 Act,a constituency returning officer, ora regional returning officer, “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, “Scottish parliamentary election” means an election for membership of the Scottish Parliament.Part 210In section 5 of the 2000 Act (reports on elections and referendums), after subsection (2A) insert—2BAfter 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..111In section 6A(5) of the 2000 Act (elections which may be attended by Commission representative), after paragraph (e) insert—eaa local government election in Scotland;.2Section 6B(3) of that Act (observation of local government elections in Scotland not permitted) is repealed.3In section 6C(3) of that Act (accredited observers: individuals), after “6F” insert “ or, in relation to a local government election in Scotland, section 6G ”.4In section 6D(4) of that Act (accredited observers: organisations), after “6F” insert “ or, in relation to a local government election in Scotland, section 6G ”.5In section 6F of that Act (code of practice)—ain subsection (1), after “6A” insert “ (other than a local government election in Scotland) ”,bin subsection (10), after “section” insert “ and section 6G ”.6After section 6F of that Act insert—6G1The Commission must prepare a code of practice on the attendance of—arepresentatives of the Commission;baccredited observers; andcnominated members of accredited organisations,at local government elections in Scotland.2The code must in particular—aspecify the manner in which applications under section 6C(1) and 6D(1) are to be made to the Commission;bspecify the criteria to be taken into account by the Commission in determining such applications;cgive guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;dgive 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;egive 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;fgive 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.3The code may make different provision for different purposes.4Before preparing the code, the Commission must consult the Scottish Ministers.5The Commission must lay the code before the Scottish Parliament.6The Commission must publish the code (in such matter as they may determine).7The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—athe Commission;brepresentatives of the Commission;crelevant officers (within the meaning of section 6E).8The Commission may at any time revise the code.9Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code..7Sections 8 to 11 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 are repealed.12In section 7(2) of the 2000 Act (instruments to be consulted upon), after paragraph (i) insert—jan order under section 3(1) of the Local Governance (Scotland) Act 2004..131In section 9A(6) of the 2000 Act (setting of performance standards), after paragraph (e) insert—fa local government election in Scotland..2Sections 1 to 3 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 are repealed.141Section 10 of the 2000 Act (giving of advice and assistance) is amended as follows.2In subsection (7), the words “other than a local government election in Scotland” are repealed.3Subsections (8) to (10) are repealed.151Section 13 of the 2000 Act (promotion of public awareness of electoral and government systems) is amended as follows.2Subsections (3) and (7) are repealed.3In 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 ”.161The 2000 Act is amended as follows.2In section 13—ain subsection (8), the words from “but” to “Ministers” are repealed,bsubsections (9) to (11) are repealed.3After section 13 insert—13A1The 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).2The functions are the Commission's functions under this Part in relation to local government elections in Scotland.3The 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.4The 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..4In paragraph 14(1)(a) of Schedule 1, for “13(9)” substitute “ 13A ”.171Schedule 1 to the 2000 Act is amended as follows.2In paragraph 20 (reports), after sub-paragraph (2) insert—3The 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..3After paragraph 20 insert—18The Scottish Public Services Ombudsman Act 2002 is amended as follows—ain section 7 (restrictions on investigations), after subsection (6C) insert—6DThe Ombudsman must not investigate action taken by or on behalf of the Electoral Commission unless the action taken concerned local government elections in Scotland.,bin Part 2 of schedule 2 (listed authorities), after paragraph 91B insert—19In this Part, “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000.Part 3201The 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.2Subject 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.3A 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.211This 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.2An 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.22The short title of this Act is the Local Electoral Administration (Scotland) Act 2011.S. 1 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(a)S. 5 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(a)S. 6 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(a)S. 7 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(a)S. 9 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(a)S. 10 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 11 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 12 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 13 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 14 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 15 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 16 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 17 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 18 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 19 in force at 29.6.2011 by S.S.I. 2011/277, art. 2(b)S. 1(2) substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 24(a), 35; S.S.I. 2020/278, reg. 2, sch.S. 1(3) substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 24(b), 35; S.S.I. 2020/278, reg. 2, sch.S. 4A inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 25, 35; S.S.I. 2020/278, reg. 2, sch.S. 5A inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 26, 35; S.S.I. 2020/278, reg. 2, sch.S. 5 title substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(3), 35; S.S.I. 2020/278, reg. 2, sch.S. 6 title substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(4), 35; S.S.I. 2020/278, reg. 2, sch.Words in s. 7 substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(5), 35; S.S.I. 2020/278, reg. 2, sch.Words in s. 9 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(6)(a), 35; S.S.I. 2020/278, reg. 2, sch.Words in s. 9 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(6)(b), 35; S.S.I. 2020/278, reg. 2, sch.Words in s. 9 substituted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(6)(c), 35; S.S.I. 2020/278, reg. 2, sch.Words in s. 9 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 27(6)(d), 35; S.S.I. 2020/278, reg. 2, sch.S. 8 and cross-heading repealed (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(5), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Words in s. 9 heading inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(6)(e), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Ss. 2-4 repealed (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(3), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Ss. 7A, 7B and cross-heading inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(4), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2S. 1(1) substituted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(2)(a), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2S. 1(4) inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(2)(b), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Words in s. 9 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(6)(a), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Words in s. 9 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(6)(b), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Words in s. 9 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(6)(c), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2Words in s. 9 inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(6)(d), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2