Referendums (Scotland) Act 2020 Explanatory Notes

Electoral Commission: administrative provision

Section 30 – Reimbursement of Commission’s costs

324.Section 30 provides that the Electoral Commission’s costs in respect of functions under this Act will be refunded by the Scottish Parliamentary Corporate Body (SPCB). However, costs which are not included in the estimate required under section 31 need not be reimbursed.

Section 31 – Estimates of expenditure

325.Section 31 requires the Commission to estimate their costs and income before the start of each financial year and send this to the SPCB for approval. A revised estimate may be sent to the SPCB for approval during the year.

Section 32 - Maladministration

326.Section 32 enables the Scottish Public Services Ombudsman to consider any complaint or request to investigate a matter arising as a result of the Electoral Commission’s functions under this Act, by inserting reference to this Act into the Scottish Public Services Ombudsman Act 2002.

Section 33 - Information about persons aged under 16

327.Section 33 provides that provisions in the Scottish Elections (Reduction of Voting Age) Act 2015 concerning exceptions from prohibition on disclosure of information about persons aged under 16 have effect in relation to the conduct of a referendum under this Act.

Section 34 - Registration officers’ expenses

328.Section 34 provides that a registration officer is entitled to recover from the Scottish Ministers any expenses incurred by them that are attributable specifically to the exercise of the registration officer’s functions under this Act. The amount of these expenses should not exceed such maximum amount as is specified in, or determined under, regulations made by the Scottish Ministers. However, the Scottish Ministers may pay an amount that exceeds the maximum if they consider that it was reasonable for the registration officer to incur the expenses and the amount of the expenses is reasonable. Regulations made under this section may include provision for registration officers to submit accounts of expenses to Scottish Ministers before payments are made. The regulations can specify the deadline for submitting accounts, and the form and manner in which they are to be submitted. The regulations are not subject to negative or affirmative procedure and must therefore be laid before Parliament before coming into force under section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010.

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