Search Legislation

Referendums (Scotland) Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 7

 Help about opening options

Alternative versions:

Status:

Point in time view as at 30/01/2020.

Changes to legislation:

There are currently no known outstanding effects for the Referendums (Scotland) Act 2020, Section 7. Help about Changes to Legislation

7Chief Counting OfficerS

This section has no associated Explanatory Notes

(1)The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum.

(2)The Chief Counting Officer is to be the person who, immediately before the coming into force of the Act of the Scottish Parliament referred to in section 1(2) or regulations made under that Act, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of the Local Electoral Administration (Scotland) Act 2011.

(3)But subsection (2) does not apply if—

(a)there is no person appointed as convener at that time,

(b)that person is unable or unwilling to be appointed as the Chief Counting Officer,

(c)that person has been removed from office as the Chief Counting Officer under subsection (5),

(in which case the Scottish Ministers must appoint such person as they consider appropriate).

(4)The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers.

(5)The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if—

(a)where subsection (2) applies, the Chief Counting Officer ceases to be the convener of the Electoral Management Board for Scotland,

(b)the Chief Counting Officer is convicted of any offence, or

(c)they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer's functions by reason of any physical or mental illness or disability.

(6)If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer.

(7)The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy.

(8)A person may be appointed to be—

(a)the Chief Counting Officer,

(b)a deputy of the Chief Counting Officer,

only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?