The Crofting Commission (Elections) (Scotland) Amendment Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Crofting Commission (Elections) (Scotland) Regulations 2011 (“the principal Regulations”), which set out the arrangements under which elections to the Crofting Commission (“the Commission”) are conducted.

Regulation 4 amends regulation 10(1) of the principal Regulations to add a new ground of disqualification from being a candidate. This applies to persons whom the Commission has decided under section 26C(5) of the Crofters (Scotland) Act 1993 (c.44) are not complying with the duties set out in section 5B, 5C or 19C(2)(b), (c) or (d) of that Act and who have not complied with an undertaking in relation to that duty. Regulation 4 also amends regulation 10(5)(d) of the principal Regulations to better reflect Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).

Regulation 5 makes an amendment to the timetable in regulation 11(1) of the principal Regulations consequential on the amendment introduced by regulation 6.

Regulation 6 amends regulation 23 of the principal Regulations to provide that applications from voters to be removed from the absent electors list under regulation 21 or from the proxy list under regulation 22 must be disregarded if they are made later than 5.00 p.m. on the day 5 weeks before the election count. It also provides for the applicant to be notified that the application has been disregarded, where practicable.

Regulation 9 replaces regulation 53 of the principal Regulations. This amends the provisions about retention of documents to provide that certain documents are to be retained for five years and others for one year before being destroyed. This is consequential on the new provision introduced by regulation 10 which requires certain information to be available during the 5 year period that an unsuccessful candidate at an election may be deemed to be an elected member.

Regulation 10 inserts into the principal Regulations a new regulation 54A. This makes provision for the filling of vacancies that arise among elected members by candidates at the election who polled fewer votes than the elected member. It allows for unsuccessful candidates who stood for election to be deemed elected members where an elected member vacancy arises, if they polled the next most votes at that election. Regulation 3 makes a consequential amendment in light of regulation 10.

Regulation 11 amends regulation 63 of the principal Regulations to increase the limit on election expenses from £600 to £700.

Regulation 12 amends regulation 64 of the principal Regulations to provide that all candidates must submit election expenses returns. This is consequential on the new provision introduced by regulation 10.

Regulation 13 revokes two provisions of the principal Regulations which were included in error. It revokes regulation 11(2) of the principal Regulations which provided for the discounting of non-business days from the periods set out in the timetable in regulation 11(1). It also revokes regulation 49 of the principal Regulations, which referred to information relevant to the Single Transferable Vote system. The Crofting Commission elections operate under the Alternative Vote system. The information equivalent to that required under regulation 49(2) is required to be made public under regulation 48(1)(e) of the principal Regulations. Regulations 7 and 8 make consequential amendments in light of this revocation. Regulation 7 also provides for recording by the returning officer of the declaration made under regulation 48(1)(a) of the principal Regulations. This is consequential on the new provisions introduced by regulation 10.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, public bodies or the third sector is foreseen.