Local Electoral Administration (Scotland) Act 2011

[F1 Schedule S Electoral Management Board for Scotland

(introduced by section 1(4))

Textual Amendments

F1 Sch. inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 69(7), 73(2) (with s. 71); S.S.I. 2025/260, reg. 3, sch. Pt. 2

Status S

1 (1) The Board, its members and staff—

(a) are not servants or agents of the Crown, and

(b) have no status, immunity or privilege of the Crown.

(2) The Board’s property is not property of, or property held on behalf of, the Crown.

Membership S

2 (1) The Board is to consist of—

(a) a convener, who must be either—

(i) a returning officer,

(ii) a RUK returning officer, or

(iii) a former returning officer, and

(b) 8 other members of whom—

(i) 5 are to be from the RO category, and

(ii) 3 are to be from the ERO category.

(2) In this schedule—

(a) a person is part of “the RO category” if the person is—

(i) a returning officer,

(ii) a depute returning officer,

(iii) a RUK returning officer,

(iv) a RUK depute returning officer,

(v) a former returning officer,

(vi) a former depute returning officer, and

(b) a person is part of “the ERO category” if the person is—

(i) an electoral registration officer,

(ii) a RUK electoral registration officer, or

(iii) a former electoral registration officer.

(3) The convener is to be appointed by the Parliamentary corporation on the nomination of the Scottish Parliament.

(4) The convener holds office on such terms and conditions as the Parliamentary corporation may determine.

(5) The convener is to appoint the other members.

(6) The other members hold office on such terms and conditions as the convener, with the approval of the Parliamentary corporation, may determine.

(7) When appointing members, the convener is to have regard to the desirability of the membership taken as a whole having a broad range of experience in relation to—

(a) different local authority areas (including different kinds of areas) throughout Scotland, and

(b) the different constituencies and regions provided for Scottish parliamentary elections by schedule 1 of the Scotland Act 1998 (including different kinds of constituencies and regions).

(8) A person may not be appointed as a member of the Board if that person has a relevant connection to a political party.

(9) In this schedule, a person has “a relevant connection to a political party” if that person would be ineligible for appointment as a member of the staff of the Electoral Commission in accordance with—

(a) paragraph 11A(1)(a) or (b) of schedule 1 of the Political Parties, Elections and Referendums Act 2000, or

(b) paragraph 11A(1)(c) of that schedule, taking the relevant period mentioned there to be the last 12 months.

Depute conveners S

3 (1) The convener may, from the members of the Board who are in the RO category—

(a) appoint a depute convener to act for such period, not exceeding 5 years, as the convener, at the time of the appointment, may determine, and

(b) reappoint that depute convener for one further period, not exceeding 5 years, as the convener, at the time of the reappointment, may determine.

(2) The convener may, from any other of the members of the Board—

(a) appoint a second depute convener to act for such period, not exceeding 5 years, as the convener, at the time of the appointment, may determine, and

(b) reappoint that second depute convener for one further period, not exceeding 5 years, as the convener, at the time of the reappointment, may determine.

(3) A period of appointment under sub-paragraph (1) or (2) must be approved by the Parliamentary corporation.

(4) A depute convener appointed under sub-paragraph (1) may carry out any of the convener’s relevant functions where—

(a) the office of convener is vacant, or

(b) the person holding the office is for any reason unable to perform the convener’s functions.

(5) In sub-paragraph (4) the convener’s relevant functions are—

(a) the convener’s functions under this Act, and

(b) the convener’s functions under section 43A of the Representation of the People Act 1983 (in relation to fixing another day for the holding of the poll at an ordinary local election).

(6) A second depute convener appointed under sub-paragraph (2) may perform such of the convener’s functions under this Act (and to such extent) as the convener may determine, but may not issue directions under sections 4A, 5, 5A or 6.

Duration of appointment S

4 (1) The convener—

(a) holds office for such period, not exceeding 5 years, as the Parliamentary corporation, at the time of appointment, may determine, and

(b) may be reappointed for one further period, not exceeding 5 years, as the Parliamentary corporation at the time of the reappointment, may determine.

(2) Other members of the Board—

(a) may be appointed for such period, not exceeding 5 years, as the Parliamentary corporation, at the time of appointment, may determine, and

(b) may be reappointed to the Board (once or more) for such further period, not exceeding 5 years, as the Parliamentary corporation at the time of the reappointment, may determine.

(3) An appointment as depute convener under paragraph 3(1) or (2) ends when the person appointed is no longer a member of the Board.

Early termination of membership S

5 (1) The convener may be relieved of office by the Parliamentary corporation at the request of the convener.

(2) The other members may, by notice in writing to the convener, resign office as a member.

(3) The convener may be removed from office by the Parliamentary corporation—

(a) if—

(i) the Parliamentary corporation is satisfied that the convener has breached the terms and conditions of office and the Parliament resolves that the convener should be removed from office for that breach, or

(ii) the Parliament resolves that it has lost confidence in the convener’s willingness, suitability or ability to perform the functions of the convener,

and, in either case, the resolution is voted for by a number of members not fewer than two thirds of the total number of seats for members of the Parliament, or

(b) if the convener becomes connected to a political party.

(4) Any other member may be removed from office by the convener if—

(a) the member has been absent, without reasonable excuse from meetings of the Board for a period of longer than 6 consecutive months, or

(b) the convener considers that the member is—

(i) unable to perform the functions of a member, or

(ii) unsuitable to continue as a member, or

(c) the member becomes connected to a political party.

(5) In this schedule, a person “becomes connected to a political party” on the occurrence, in relation to that person, of such an event as is mentioned in any of paragraphs (a) to (ca) of paragraph 3(3) of schedule 1 of the Political Parties, Elections and Referendums Act 2000.

Remuneration and pensions, etc. of convener and other Board members S

6 (1) The Parliamentary corporation may—

(a) pay to the convener such remuneration, allowances and expenses as the Parliamentary corporation may determine,

(b) pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of the convener as the Parliamentary corporation may determine.

(2) The Board may, with the approval of the Parliamentary corporation—

(a) pay its members (other than the convener) such remuneration, allowances and expenses as the Board may determine,

(b) pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of any individual who holds or has held the office of a member of the Board (other than the office of convener) as the Board may determine.

(3) The arrangements mentioned in sub-paragraph (1) and (2) may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(4) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Staff S

7 (1) The Board may appoint staff.

(2) The staff are to be employed on terms and conditions (including any payments of remuneration, pensions, allowances and expenses) as may, with the approval of the Parliamentary corporation, be determined by the Board.

(3) A person may not be appointed as a member of the staff of the Board if the person—

(a) is a member of the Board, or

(b) has a relevant connection to a political party.

(4) The appointment of any member of the staff of the Board is to terminate if the person becomes connected to a political party.

Procedure etc. S

8 (1) It is for the Board to regulate its own procedure (and quorum).

(2) The convener may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board in carrying out its functions.

Advisers and other services S

9 (1) The Board may obtain advice, assistance or any other service from any person who, in the opinion of the Board, is qualified to give it.

(2) The Board may pay to that person such fees and allowances as the Board determines.

(3) Any payment under sub-paragraph (2) is subject to the approval of the Parliamentary corporation.

Powers of the Board and validity of actions S

10 (1) The Board may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) be otherwise conductive to the performance of its functions.

(2) The validity of anything done by the Board is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

(c) the removal or disqualification of a person as a member after appointment.

Sharing of premises, staff, services and other resources S

11 The Board must comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other public body or any officeholder.

Budget S

12 (1) The Board must, before the start of each financial year, prepare proposals for the Board’s use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.

(2) The Board may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

(3) In preparing a budget or revised budget, the Board must ensure that the resources of the Board will be used economically, efficiently and effectively.

(4) A budget or revised budget must contain a statement that the Board has complied with the duty under sub-paragraph (3).

Financial provision S

13 (1) The Parliamentary corporation is to pay any expenditure properly incurred by the Board in the exercise of the functions of the Board.

(2) Sub-paragraph (1) does not require the Parliamentary corporation to pay any expenses which exceed or are otherwise not covered by a budget or, as the case may be, a revised budget approved under paragraph 12.

(3) However, the Parliamentary corporation may pay those expenses.

Accountable officer S

14 (1) The Parliamentary corporation is to designate the convener, a member of the Board, or a member of the Board’s staff as the accountable officer for the purposes of this paragraph.

(2) The functions of the accountable officer are—

(a) those specified in sub-paragraph (3), and

(b) where the accountable officer is not the convener, the duty set out in sub-paragraph (4),

and the accountable officer is answerable to the Parliament for the exercise of those functions.

(3) The functions referred to in sub-paragraph (2)(a) are—

(a) signing the accounts of the expenditure and receipts of the Board,

(b) ensuring the propriety and regularity of the finances of the Board,

(c) ensuring that the resources of the Board are used economically, efficiently and effectively.

(4) The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—

(a) obtain written authority from the convener before taking the action, and

(b) send a copy of that authority as soon as possible to the Auditor General for Scotland.

Accounts and audit S

15 (1) The Board must—

(a) keep proper accounts and accounting records, and

(b) prepare annual accounts in respect of each financial year.

(2) The Board must send a copy of the annual accounts to the Auditor General for Scotland for auditing.

Annual report S

16 (1) The convener must, prepare a report on the carrying out of the Board’s functions during each financial year.

(2) After securing the Board’s approval of the report, the convener must—

(a) lay the report before the Scottish Parliament, and

(b) send a copy of the report to the Scottish Ministers.

(3) The report must be laid before the Parliament within 7 months of the end of each financial year.]