SCHEDULES

F1SCHEDULE 1THE CROFTING COMMISSION

Annotations:
Amendments (Textual)
F1

Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 45(1)8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 45(3))

Elected members: regulations

7

1

The Scottish Ministers may, by regulations, make provision for or in connection with the election of persons as members of the Commission.

2

Without prejudice to the generality of sub-paragraph (1), the regulations may, in particular, make provision relating to—

a

the voting system to be used for such elections;

b

the frequency and timing of such elections;

c

the conduct of such elections;

d

offences relating to such elections;

e

the constituencies (including boundaries) in which such elections may be held

f

persons who are eligible to vote in such elections (including by reference to the person's age);

g

the appointment of an individual to act as the returning officer for each constituency;

h

such an individual's—

i

functions;

ii

fees and expenses;

iii

tenure and vacation of office;

i

subject to sub-paragraph (5), persons who may, and may not, be candidates in elections such as are mentioned in sub-paragraph (1) (including by reference to the person's age);

j

the number of members of the Commission who may be returned from each constituency;

k

vacancies amongst elected members, including the circumstances in which a person who polled fewer votes in such an election than the person who polled most votes may hold office as a member of the Commission.

3

Regulations under sub-paragraph (1) may not make provision creating an offence such as is mentioned in sub-paragraph (2)(d) that is punishable—

a

on conviction on indictment, with imprisonment for a term exceeding 2 years;

b

on summary conviction, with—

i

imprisonment for a term exceeding 12 months; or

ii

a fine exceeding level 5 on the standard scale.

4

In the case of an offence which is triable either on indictment or summarily, the reference in sub-paragraph (3)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.

5

In making provision such as is mentioned in sub-paragraph (2)(i), the regulations must provide that the persons who may be candidates in elections such as are mentioned in sub-paragraph (1) may include persons who

a

are aged 16 or over; and

b

have been nominated by a person eligible to vote in such elections.

6

Before making regulations under sub-paragraph (1), the Scottish Ministers must consult such persons or bodies as they think appropriate on—

a

the constituency boundaries to be used; and

b

the persons who are eligible to vote,

in elections such as are mentioned in sub-paragraph (1).