Commentary on Provisions Part 10: Electoral Commission Section 66 – Five-year plan: devolved Scottish elections and referendums
193.This section amends schedule 1 of the Political Parties, Elections and Referendums Act 2000 (“PPERA”).
194.It provides that for each financial year, the Commission must prepare an estimate of the Commission’s income and expenditure for the year in relation to the Commission’s devolved Scottish functions and, by no later than 6 months before the start of each financial year (or such later date as the Commission and the SPCB may agree), send the estimate to the SPCB for approval.
195.When the Commission send to the SPCB such an estimate in respect of the first financial year following a Scottish Parliament general election, it must also submit to the SPCB a plan setting out its aims and objectives for the exercise of the Commission’s devolved Scottish functions during the next 5 years and estimated requirements for resources for the exercise of those functions during that period. A plan must also include how the Commission will aim to reduce the number of spoilt ballots at devolved Scottish elections.
196.The SPCB must examine each plan submitted to it and decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions. If it is not so satisfied it may recommend such modifications to the plan as it considers appropriate for the purpose of achieving such consistency. As part of its examination, the SPCB may consult a committee of the Scottish Parliament (for example, the Standards, Procedures and Public Appointments Committee) and any other persons as it considers appropriate.
197.After the SPCB has reported to the Commission on its findings and recommendations (if any) the Commission must make whatever modifications to the draft plan it considers necessary and lay the plan before the Parliament. If the Commission did not follow any recommendations it must explain in a document laid before Parliament why it did not.
198.The Commission may, of its own accord or as required by the SPCB, submit a new (or revised) plan at any other time during the 5 year period, under the same process.
199.Scottish devolved functions cover any functions under Part 1 of PPERA in relation to Scottish Parliamentary general elections and by-elections, any local government elections and under the Referendums (Scotland) Act 2020 in relation to any referendum held throughout Scotland.