Scottish Elections (Representation and Reform) Act 2025

69 Constitution of the Electoral Management Board for Scotland

(1) The Local Electoral Administration (Scotland) Act 2011 is modified as follows.

(2) In section 1 (Electoral Management Board for Scotland)—

(a) for subsection (1) substitute—

“(1) The committee established and known as the Electoral Management Board for Scotland continues to exist and becomes a body corporate to be known under the same name.”,

(b) after subsection (3) insert—

“(4) The schedule makes further provision about the status, membership, etc. of the Board and about other administrative matters in connection with the Board.”.

(3) Sections 2 to 4 are repealed.

(4) After section 7, insert—

“Planning and reporting on the Board’s functions

7A Strategic plans

(1) The Board must, at least 6 months before the start of a 5 year period, submit to the Parliamentary corporation a plan (referred to in this section as a “strategic plan”) setting out, for that 5 year period—

(a) the Board’s strategic and policy priorities relating to those of its functions mentioned in section 1(3),

(b) how it proposes to achieve them,

(c) timetables for doing so, and

(d) estimates of the costs of doing so.

(2) The Parliamentary corporation—

(a) must examine each strategic plan submitted to it,

(b) must decide whether it is satisfied with the plan, and

(c) if it is not so satisfied, may recommend such modifications to the plan as it considers appropriate.

(3) Before deciding whether it is so satisfied or making any such recommendations, the Parliamentary corporation may provide the strategic plan to invite, and (if any are given) consider, comments on it from—

(a) a committee of the Scottish Parliament, and

(b) such other persons as the Parliamentary corporation consider appropriate.

(4) The Parliamentary corporation must, as soon as reasonably practicable after concluding its examination and making its recommendations (if any) under subsection (2), report to the Board on its findings and recommendations.

(5) After the Parliamentary corporation has reported to the Board under subsection (4), the Board must—

(a) make whatever modifications to the strategic plan the Board consider necessary in light of the Parliamentary corporation’s findings and recommendations,

(b) lay the plan before the Scottish Parliament, and

(c) if the Board do not follow any of the Parliamentary corporation’s recommendations for modifications to the plan under this section, lay before the Scottish Parliament a document describing its reasons for so doing.

(6) The Board may, at any time during the 5 year period to which a plan relates, review the strategic plan for that period and submit a revised plan to the Parliamentary corporation setting out the matters mentioned in subsection (1).

(7) Subsections (2) to (5) apply to a revised plan submitted under subsection (6) as they apply to a strategic plan submitted under subsection (1).

(8) In this section, “5 year period” means each period of 5 years beginning on the first day of the financial year following each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983).

7B Reports requested by the Scottish Ministers

(1) The Scottish Ministers may request that the Board—

(a) review, and

(b) submit a report to them on,

any matter relating to the Board’s functions mentioned in section 1(3).

(2) Before making a request under subsection (1), the Scottish Ministers must consult the Parliamentary corporation.

(3) The Board must comply with a request under subsection (1) within such time as the Scottish Ministers may request, or such later time as Ministers and the Board may agree.

(4) The Board may, after submitting a report under this section, publish the report in such manner as it considers appropriate.”.

(5) Section 8 and the cross heading immediately preceding it are repealed.

(6) In section 9 (interpretation of Part 1)—

(a) after “Part” insert “and in the schedule”,

(b) after the definition of “electoral registration officer”, insert—

• ““former depute returning officer” means an individual who no longer holds the office but who was previously—

  (a)

  a depute returning officer, or

  (b)

  a RUK depute returning officer,

• “former electoral registration officer” means an individual who no longer holds the office but who was previously—

  (a)

  an electoral registration officer, or

  (b)

  a RUK electoral registration officer,

• “former returning officer” means an individual who no longer holds the office but who was previously—

  (a)

  a returning officer, or

  (b)

  a RUK returning officer,”,

(c) after the definition of “local government election”, insert—

• ““Parliamentary corporation” means the Scottish Parliamentary Corporate Body,”,

(d) after the definition of “returning officer”, insert—

• ““RUK depute returning officer” means a person appointed as a depute section 35(4) of the 1983 Act,

• “RUK electoral registration officer” means an officer appointed under, or holding office in accordance with, section 8(2), (2A) or (4) of the 1983 Act,

• “RUK returning officer” means an officer holding office in accordance with section 24, 26 or 35 of the 1983 Act and includes a person discharging the duties of such an officer in accordance with section 28 of that Act,”, and

(e) in the section title, after “Part 1” insert “and the schedule”.

(7) After section 22 (short title), insert as a schedule—

“Schedule Electoral Management Board for Scotland

(introduced by section 1(4))

Status

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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.”.

(8) In section 7(2) of the Referendums (Scotland) Act 2020 (chief counting officer), after “section 2 of” insert “, or paragraph 2 of the schedule of,”.