Guidance and Electoral Commission Report
Section 58 – Guidance
181.This section requires the Electoral Commission to issue statutory guidance. Under subsection (1) it must contain details on the operation and enforcement of the regime. In enforcing the regime the Electoral Commission are to have regard to the guidance. The guidance is also relevant as a defence under section 54(4).
182.The section also provides the procedure for creating the guidance. The Electoral Commission must draft the guidance for approval by the Scottish Ministers who are able to modify the draft before laying it before the Scottish Parliament. Any modified guidance must be accompanied by a statement outlining the reason for the amendments. Subsections (7) to (9) outline the process for laying the guidance, which includes a 40 day period in which the Parliament can resolve not to approve the guidance. Given this parliamentary procedure, the subsequent regulations bringing the guidance into force are not subject to any Parliamentary procedure.
Section 59 – Electoral Commission’s Annual Report
183.This section adds to the Scottish reporting requirements of the Electoral Commission in paragraph 20A of schedule 1 of PPERA. Under subsections (1) and (2) the Electoral Commission’s annual report must include information about convictions (for offences relevant to this Part) reported to the Electoral Commission and the Electoral Commission’s use of its powers to request information under Schedule 12. The Commission is not required to provide any information which may be unlawful or adversely impact upon ongoing investigations or proceedings (subsection (3)).
