Commentary on Provisions Part 11: Electoral Management Board for Scotland
202.Part 11 contains provisions adjusting the constitution of the Electoral Management Board for Scotland (the “EMB”), most significantly giving it a separate legal personality as a body corporate, adding provisions for it to report to the Scottish Parliamentary Corporate Body (“SPCB”), adjusting those eligible to be members and providing for 2 depute convener posts. The EMB was established on a non-statutory basis in 2008, before the Local Electoral Administration (Scotland) Act 2011 (“the 2011 Act”) provided it with its current statutory basis. It consists of a convener appointed by Scottish Ministers and other board members appointed by the convener. Section 69 of the Act amends the EMB constitution as set out in the 2011 Act, making some changes to Part 1 of the 2011 Act and adding a schedule to the 2011 Act with the detailed provisions on the status, membership, and operation of the Board and about other administrative matters.
203.Under section 1 of the 2011 Act, the EMB was given the general function of “co-ordinating the administration of local government elections in Scotland.” Its role was extended by the Scottish Elections (Reform) Act 2020 to include Scottish Parliamentary elections. The functions in relation to those elections include assisting returning officers, local authorities and other persons and promoting best practice. The 2011 Act gives the convener the power to issue directions to returning officers on the running of the local government elections and, as a result of the changes made by the Scottish Elections (Reform) Act 2020, also on the running of Scottish Parliament elections.
204.The convener of the EMB took on the role of chief counting officer in the 2014 referendum and section 7 of the Referendums (Scotland) Act 2020 provides for the convener to be the chief counting officer in any future referendums held under the rules in that Act.