Part 10: Electoral Commission
190.This Part contains provisions adding or adjusting requirements on the Electoral Commission. The requirements are in relation to education and reporting on spoilt ballot papers and to require the Commission to provide 5-year plans setting out its aims and objectives and requirements for resources in respect of its Scottish devolved functions. Currently, the Commission submits its 5-year plan to the Speaker’s Committee (which covers its functions for other UK elections) at the start of the first sitting of the UK Parliament following a general election. The SPCB is sent a copy and can make recommendations. This Part changes that in that it would require the Commission to prepare a separate plan for Scottish elections and for the timing of these plans to correlate with Scottish Parliament general election cycles, giving the SPCB better oversight in terms of the Commission’s strategic and financial priorities.
Section 64 – education about electoral and democratic systems
191.This section amends section 13 of the Political Parties, Elections and Referendums Act 2000 to require the Electoral Commission to promote public awareness of how to mark the ballot paper in Scottish Parliament elections and Scottish local government elections. This is an addition to the Commission’s existing duty to promote public awareness of the different voting systems used in the UK.
Section 65 – Electoral Commission’s annual reports: spoilt ballot papers
192.This section amends the contents of the annual report which the Electoral Commission lays before the Scottish Parliament each year about the performance of its devolved Scottish functions. The amendment adds that each annual report must include information on the steps the Commission has taken to reduce the number of spoilt ballot papers at Scottish Parliament and Scottish local elections.
Section 66 – Five-year plan: devolved Scottish elections and referendums
193.This section amends schedule 1 of the Political Parties, Elections and Referendums Act 2000 (“
194.It provides that for each financial year, the Commission must prepare an estimate of the Commission’s income and expenditure for the year in relation to the Commission’s devolved Scottish functions and, by no later than 6 months before the start of each financial year (or such later date as the Commission and the SPCB may agree), send the estimate to the SPCB for approval.
195.When the Commission send to the SPCB such an estimate in respect of the first financial year following a Scottish Parliament general election, it must also submit to the SPCB a plan setting out its aims and objectives for the exercise of the Commission’s devolved Scottish functions during the next 5 years and estimated requirements for resources for the exercise of those functions during that period. A plan must also include how the Commission will aim to reduce the number of spoilt ballots at devolved Scottish elections.
196.The SPCB must examine each plan submitted to it and decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions. If it is not so satisfied it may recommend such modifications to the plan as it considers appropriate for the purpose of achieving such consistency. As part of its examination, the SPCB may consult a committee of the Scottish Parliament (for example, the Standards, Procedures and Public Appointments Committee) and any other persons as it considers appropriate.
197.After the SPCB has reported to the Commission on its findings and recommendations (if any) the Commission must make whatever modifications to the draft plan it considers necessary and lay the plan before the Parliament. If the Commission did not follow any recommendations it must explain in a document laid before Parliament why it did not.
198.The Commission may, of its own accord or as required by the SPCB, submit a new (or revised) plan at any other time during the 5 year period, under the same process.
199.Scottish devolved functions cover any functions under Part 1 of PPERA in relation to Scottish Parliamentary general elections and by-elections, any local government elections and under the Referendums (Scotland) Act 2020 in relation to any referendum held throughout Scotland.
Section 67– Reports on promotion of public awareness about elections
200.This section makes changes to the report which the Electoral Commission must prepare after the holding of nationwide Scottish Parliament and local government elections. It requires the Commission to report on steps taken by the Commission and Returning Officers to promote public awareness about the election and how to vote in it (including in particular, how to fill in a ballot paper). The report can also describe steps taken by others, as the Commission considers appropriate.
Section 68– Electoral Commission strategy: spoilt ballot papers
201.This section places a duty on the Electoral Commission to prepare and publish a strategy for reducing the number of spoilt ballot papers at each national ordinary local government election.
