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
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F53Duration of appointment
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F54Procedure etc.
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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
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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.