Scottish Elections (Representation and Reform) Act 2025

Part 10 Electoral commission

64 Education about electoral and democratic systems

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) In section 13 (education about electoral and democratic systems), after subsection (1)(a) insert—

“(aa) marking of ballot papers in any election mentioned in section 9A(5A)(a) to (c).”.

65 Electoral Commission’s annual report: spoilt ballot papers

(1) Each report by the Electoral Commission under paragraph 20A of schedule 1 of the Political Parties, Elections and Referendums Act 2000 (“PPERA”) must contain information about what steps the Electoral Commission has taken to reduce the number of spoilt ballot papers in devolved Scottish elections.

(2) In this section—

• “devolved Scottish elections” means any election mentioned in section 9A(5A)(a) to (c) of PPERA,

• “spoilt ballot paper” means a ballot paper that the voter has inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper.

66 Five-year plan: devolved Scottish elections and referendums

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) In schedule 1 (the Electoral Commission)—

(a) in paragraph 14, after sub-paragraph (8), insert—

“(9) An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission’s functions in relation to Scottish devolved functions (as to which, see paragraph 14A)”,

(b) in paragraph 14A, in sub-paragraph (4)—

(i) for “Before the start of” substitute “For”,

(ii) for “by such date as the SPCB determines” substitute “at least 6 months before the start of the financial year to which the estimate relates (or such later date as the Commission and the SPCB may agree)”,

(c) in paragraph 15, after sub-paragraph (5), insert—

“(7) A plan prepared under this paragraph must not include aims, objectives or estimated requirements for the exercise of the Commission’s functions in relation to Scottish devolved functions (as to which, see paragraph 15A).”,

(d) for paragraph 15A, substitute—

“15A (1) When the Commission send to the Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”) an estimate under paragraph 14A(4) in respect of the first financial year to begin after the day on which the Scottish Parliament meets for the first time following a general election for membership of the Scottish Parliament, the Commission must at the same time submit to the SPCB a plan prepared by the Commission setting out the Commission’s—

(a) aims and objectives for the exercise of the Commission’s devolved Scottish functions during the period of 5 years beginning with the start of the financial year to which the estimate relates, and

(b) estimated requirements for resources for the exercise of those functions during that 5 year period.

(2) A plan under sub-paragraph (1) must include how the Commission will aim to reduce the number of spoilt ballot papers at the elections mentioned in sub-paragraph (11)(a) during the period.

(3) In sub-paragraph (2) a “spoilt ballot paper” means a ballot paper that the voter has inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper.

(4) The SPCB may require the Commission to submit a plan under sub-paragraph (1) when the Commission send such an estimate as is mentioned in paragraph 14A in respect of a financial year other than one mentioned in that sub-paragraph.

(5) The SPCB—

(a) must examine each plan submitted to it,

(b) must decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their devolved Scottish functions, and

(c) if it is not so satisfied, may recommend such modifications to the plan as it considers appropriate for the purpose of achieving such consistency.

(6) Before deciding whether it is so satisfied or making any such recommendations, the SPCB may provide a draft of the plan and invite, and (if any are given) consider, comments on it from—

(a) a committee of the Scottish Parliament,

(b) such other persons as the SPCB consider appropriate.

(7) The SPCB must, as soon as reasonably practicable after concluding its examination and making its recommendations (if any) under sub-paragraph (5) in relation to the plan, report to the Commission on its findings and recommendations.

(8) After the SPCB has reported to the Commission under sub-paragraph (7), the Commission must—

(a) make whatever modifications to the draft plan the Commission consider necessary in light of the SPCB’s findings and recommendations,

(b) lay the plan before the Scottish Parliament, and

(c) if the Commission do not follow any of the SPCB’s recommendations for modifications to the plan under this paragraph, lay before the Scottish Parliament a document describing its reasons for so doing.

(9) The Commission may, at any time during the period of 5 years to which a plan relates, review the plan for that period and submit a revised plan to the SPCB setting out the matters mentioned in sub-sub-paragraphs (a) and (b) of sub-paragraph (1).

(10) Sub-paragraphs (5) to (8) apply to a revised plan submitted under sub-paragraph (9) as they apply to a plan submitted under sub-paragraph (1).

(11) In this paragraph, “Scottish devolved functions”, in relation to the Commission, means the functions of the Commission—

(a) under Part 1 in relation to—

(i) Scottish Parliamentary general elections,

(ii) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and

(iii) local government elections in Scotland, and

(b) under the Referendums (Scotland) Act 2020 in relation to any referendum held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament,

in so far as those functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).”,

(e) the cross-heading immediately preceding paragraph 15A of schedule 1 becomes “Five-year plan: devolved Scottish elections and referendums”.

67 Reports on promotion of public awareness about elections

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) In section 5 (reports on elections and referendums)—

(a) after subsection (2D) insert—

“(2DA) Subsections (2DB) and (2DC) apply where a report under this section relates to one of the following elections—

(a) a Scottish Parliamentary general election, or

(b) an ordinary election of councillors for local government areas in Scotland.

(2DB) The report must include a description of the steps taken by—

(a) the Commission in performing their functions under section 13(1), and

(b) 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).

(2DC) The report may also include a description of steps taken by any other person to promote public awareness about the election and how to vote in it.”,

(b) in subsection (2E), for “subsection (2D)” substitute “subsections (2D) and (2DB)”.

68 Electoral Commission strategy: spoilt ballot papers

(1) The Electoral Commission must, before each ordinary local election—

(a) prepare a strategy for reducing the number of spoilt ballot papers at the election, and

(b) publish the strategy in such manner as the Commission thinks fit.

(2) In this section—

• “ordinary local election” has the meaning given in section 43(1C) of the Representation of the People Act 1983,

• “spoilt ballot paper” means a ballot paper that the voter has inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper.