Crofters (Scotland) Act 1993

[F1 7 (1) The Scottish Ministers may, by regulations, make provision for or in connection with the election of persons as members of the Commission. S

(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).]

Textual Amendments

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. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))