http://www.legislation.gov.uk/asp/2011/10/scheduleLocal 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 Schedule(introduced by section 1(4))11The Board, its members and staff—aare not servants or agents of the Crown, andbhave no status, immunity or privilege of the Crown.2The Board’s property is not property of, or property held on behalf of, the Crown.21The Board is to consist of—aa convener, who must be either—ia returning officer,iia RUK returning officer, oriiia former returning officer, andb8 other members of whom—i5 are to be from the RO category, andii3 are to be from the ERO category.2In this schedule—aa person is part of “the RO category” if the person is—ia returning officer,iia depute returning officer,iiia RUK returning officer,iva RUK depute returning officer,va former returning officer,via former depute returning officer, andba person is part of “the ERO category” if the person is—ian electoral registration officer,iia RUK electoral registration officer, oriiia former electoral registration officer.3The convener is to be appointed by the Parliamentary corporation on the nomination of the Scottish Parliament.4The convener holds office on such terms and conditions as the Parliamentary corporation may determine.5The convener is to appoint the other members.6The other members hold office on such terms and conditions as the convener, with the approval of the Parliamentary corporation, may determine.7When 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—adifferent local authority areas (including different kinds of areas) throughout Scotland, andbthe different constituencies and regions provided for Scottish parliamentary elections by schedule 1 of the Scotland Act 1998 (including different kinds of constituencies and regions).8A person may not be appointed as a member of the Board if that person has a relevant connection to a political party.9In this schedule, a person has “a relevant connection to a political party” if that person would be ineligible for appointment as a member of the staff of the Electoral Commission in accordance with—aparagraph 11A(1)(a) or (b) of schedule 1 of the Political Parties, Elections and Referendums Act 2000, orbparagraph 11A(1)(c) of that schedule, taking the relevant period mentioned there to be the last 12 months.31The convener may, from the members of the Board who are in the RO category—aappoint a depute convener to act for such period, not exceeding 5 years, as the convener, at the time of the appointment, may determine, andbreappoint that depute convener for one further period, not exceeding 5 years, as the convener, at the time of the reappointment, may determine.2The convener may, from any other of the members of the Board—aappoint a second depute convener to act for such period, not exceeding 5 years, as the convener, at the time of the appointment, may determine, andbreappoint that second depute convener for one further period, not exceeding 5 years, as the convener, at the time of the reappointment, may determine.3A period of appointment under sub-paragraph (1) or (2) must be approved by the Parliamentary corporation.4A depute convener appointed under sub-paragraph (1) may carry out any of the convener’s relevant functions where—athe office of convener is vacant, orbthe person holding the office is for any reason unable to perform the convener’s functions.5In sub-paragraph (4) the convener’s relevant functions are—athe convener’s functions under this Act, andbthe convener’s functions under section 43A of the Representation of the People Act 1983 (in relation to fixing another day for the holding of the poll at an ordinary local election).6A second depute convener appointed under sub-paragraph (2) may perform such of the convener’s functions under this Act (and to such extent) as the convener may determine, but may not issue directions under sections 4A, 5, 5A or 6.41The convener—aholds office for such period, not exceeding 5 years, as the Parliamentary corporation, at the time of appointment, may determine, andbmay be reappointed for one further period, not exceeding 5 years, as the Parliamentary corporation at the time of the reappointment, may determine.2Other members of the Board—amay be appointed for such period, not exceeding 5 years, as the Parliamentary corporation, at the time of appointment, may determine, andbmay be reappointed to the Board (once or more) for such further period, not exceeding 5 years, as the Parliamentary corporation at the time of the reappointment, may determine.3An appointment as depute convener under paragraph 3(1) or (2) ends when the person appointed is no longer a member of the Board.51The convener may be relieved of office by the Parliamentary corporation at the request of the convener.2The other members may, by notice in writing to the convener, resign office as a member.3The convener may be removed from office by the Parliamentary corporation—aif—ithe Parliamentary corporation is satisfied that the convener has breached the terms and conditions of office and the Parliament resolves that the convener should be removed from office for that breach, oriithe Parliament resolves that it has lost confidence in the convener’s willingness, suitability or ability to perform the functions of the convener,and, in either case, the resolution is voted for by a number of members not fewer than two thirds of the total number of seats for members of the Parliament, orbif the convener becomes connected to a political party.4Any other member may be removed from office by the convener if—athe member has been absent, without reasonable excuse from meetings of the Board for a period of longer than 6 consecutive months, orbthe convener considers that the member is—iunable to perform the functions of a member, oriiunsuitable to continue as a member, orcthe member becomes connected to a political party.5In this schedule, a person “becomes connected to a political party” on the occurrence, in relation to that person, of such an event as is mentioned in any of paragraphs (a) to (ca) of paragraph 3(3) of schedule 1 of the Political Parties, Elections and Referendums Act 2000.61The Parliamentary corporation may—apay to the convener such remuneration, allowances and expenses as the Parliamentary corporation may determine,bpay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of the convener as the Parliamentary corporation may determine.2The Board may, with the approval of the Parliamentary corporation—apay its members (other than the convener) such remuneration, allowances and expenses as the Board may determine,bpay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of any individual who holds or has held the office of a member of the Board (other than the office of convener) as the Board may determine.3The arrangements mentioned in sub-paragraph (1) and (2) may include—amaking payments towards the provision of those pensions, allowances and gratuities,bproviding and maintaining schemes for the payment of those pensions, allowances and gratuities.4The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.71The Board may appoint staff.2The staff are to be employed on terms and conditions (including any payments of remuneration, pensions, allowances and expenses) as may, with the approval of the Parliamentary corporation, be determined by the Board.3A person may not be appointed as a member of the staff of the Board if the person—ais a member of the Board, orbhas a relevant connection to a political party.4The appointment of any member of the staff of the Board is to terminate if the person becomes connected to a political party.81It is for the Board to regulate its own procedure (and quorum).2The 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.91The Board may obtain advice, assistance or any other service from any person who, in the opinion of the Board, is qualified to give it.2The Board may pay to that person such fees and allowances as the Board determines.3Any payment under sub-paragraph (2) is subject to the approval of the Parliamentary corporation.101The Board may do anything which appears to it—ato be necessary or expedient for the purposes of, or in connection with, the performance of its functions, orbbe otherwise conductive to the performance of its functions.2The validity of anything done by the Board is not affected by—aa vacancy in membership,ba defect in the appointment of a member,cthe removal or disqualification of a person as a member after appointment.11The Board must comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other public body or any officeholder.121The Board must, before the start of each financial year, prepare proposals for the Board’s use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.2The Board may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.3In preparing a budget or revised budget, the Board must ensure that the resources of the Board will be used economically, efficiently and effectively.4A budget or revised budget must contain a statement that the Board has complied with the duty under sub-paragraph (3).131The Parliamentary corporation is to pay any expenditure properly incurred by the Board in the exercise of the functions of the Board.2Sub-paragraph (1) does not require the Parliamentary corporation to pay any expenses which exceed or are otherwise not covered by a budget or, as the case may be, a revised budget approved under paragraph 12.3However, the Parliamentary corporation may pay those expenses.141The Parliamentary corporation is to designate the convener, a member of the Board, or a member of the Board’s staff as the accountable officer for the purposes of this paragraph.2The functions of the accountable officer are—athose specified in sub-paragraph (3), andbwhere the accountable officer is not the convener, the duty set out in sub-paragraph (4),and the accountable officer is answerable to the Parliament for the exercise of those functions.3The functions referred to in sub-paragraph (2)(a) are—asigning the accounts of the expenditure and receipts of the Board,bensuring the propriety and regularity of the finances of the Board,censuring that the resources of the Board are used economically, efficiently and effectively.4The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—aobtain written authority from the convener before taking the action, andbsend a copy of that authority as soon as possible to the Auditor General for Scotland.151The Board must—akeep proper accounts and accounting records, andbprepare annual accounts in respect of each financial year.2The Board must send a copy of the annual accounts to the Auditor General for Scotland for auditing.161The convener must, prepare a report on the carrying out of the Board’s functions during each financial year.2After securing the Board’s approval of the report, the convener must—alay the report before the Scottish Parliament, andbsend a copy of the report to the Scottish Ministers.3The report must be laid before the Parliament within 7 months of the end of each financial year.Sch. inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(7), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. 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