Referendums (Scotland) Act 2020

Guidance by Commission

13 (1) The Electoral Commission must prepare and publish guidance as to—

(a) the circumstances in which the Commission are likely to give a notice under paragraph 4 or 3,

(b) the consequences (including criminal sanctions) that may result from a failure to comply with such a notice,

(c) the circumstances in which the Commission are likely to apply for a warrant under paragraph 2,

(d) the procedures to be followed in connection with questioning under paragraph 3(5),

(e) the circumstances in which the Commission are likely to apply for an order under paragraph 4 or 5,

(f) the principles and practices to be applied in connection with the exercise of powers under paragraphs 6 and 7,

(g) any other matters concerning the exercise of powers under this schedule about which the Commission consider that guidance would be useful.

(2) Where appropriate, the Commission must revise guidance published under sub-paragraph (1) and publish the revised guidance.

(3) The Commission must have regard to the guidance or revised guidance published under this paragraph in exercising their functions under this Act.