Local Electoral Administration and Registration Services (Scotland) Act 2006

11 Code of practice on attendance of observers at elections etc.

(1) The Scottish Ministers must prepare a code of practice on the attendance of observers at local government elections.

(2) The code must in particular—

(a) specify the manner in which applications under sections 8(1) and 9(1) are to be made to the returning officer,

(b) specify the manner in which decisions and reasons must be given by the returning officer under sections 8(5) and 9(6) and (8),

(c) give guidance to returning officers as to the criteria to be taken into account by them in determining applications under sections 8(1) and 9(1),

(d) give guidance to returning officers as to the criteria to be taken into account by them in determining whether to revoke any permission under section 8(4) or 9(7),

(e) give guidance to relevant officers as to the exercise of the power conferred by section 10(1),

(f) give guidance to such officers as to the exercise, in relation to observers, of any power under any enactment to control the number of persons present at any proceedings relating to a local government election,

(g) give guidance to returning officers and observers on the exercise of the rights conferred by sections 8(2) and 9(3).

(3) The code may make different provision for different purposes.

(4) The Scottish Ministers must—

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

(b) publish the code in such manner as they may determine.

(5) Returning officers and other relevant officers must have regard to the code in exercising any function conferred by section 8, 9 or 10.

(6) The Scottish Ministers may at any time revise the code.

(7) Subsections (4) and (5) apply in relation to a revision of the code as they apply in relation to the code.