The Crofting Commission (Elections) (Scotland) Regulations 2011
Scottish Statutory Instrument 2011 No. 456 — creates 12 criminal offences.
- Made
- 21 December 2011
- In force from
- 22 December 2011
- Extent
- Not stated
- Subject
- Elections and representation of the people
- Made under
- Schedule 1 to the Crofters (Scotland) Act 1993
Explanatory note
(This note is not part of these Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations set out the arrangements under which elections to the Crofting Commission are to be conducted. Regulations 4 and 5 provide who may and may not vote at such an election. Regulations 6 and 7 provide for the appointment by the Scottish Ministers of a returning officer for each election and for the payment of any expenses. Regulation 8 and the Schedule divide the Commission electoral area into six constituencies, with each constituency returning one member. Regulations 9 and 10 set out provisions relating to qualification and disqualification of candidates for election. The timetable for conducting elections and provision regarding notice are detailed in regulations11 and 12. The procedures for nomination of candidates are detailed in regulations 13 to 17. Arrangements for the method of election, manner of voting (by post or by proxy), the form of the ballot papers and arrangements for absent electors are detailed in regulations 18 to 26. Part III sets out arrangements for the issue and receipt of ballot papers (regulations 27 to 37). Part IV sets out arrangements for the counting of ballot papers and the declaration of result (regulations 38 to 54). Part V sets out offences and penalties (regulations 55 to 62). Part VI includes miscellaneous provisions relating to candidates’ expenses and election returns (regulations 63 to 65).
Offences created by this instrument
- Personation regulation 55(1) · Revoked · Strict liability
- A person commits an offence if — a he or she votes by post, whether as an elector or as proxy, or applies to vote by… regulation 56(1) · Revoked · Requires proof of a state of mind
- A person commits an offence if he or she votes as elector otherwise than by proxy— a more than once in any election; b… regulation 56(3) · Revoked · Strict liability
- A person commits an offence if he or she votes at an election as proxy for more than 2persons regulation 56(4) · Revoked · Strict liability
- A person commits an offence if he or she knowingly induces or procures some other person to do an act which is, or but… regulation 56(5) · Revoked · Requires proof of a state of mind
- A person commits an offence if he or she— a engages in an act specified in paragraph(2) at an election; and b intends,… regulation 57(1) · Revoked · Strict liability
- A person who aids, abets, counsels or procures the commission of an offence under paragraph(1) commits an offence regulation 57(3) · Revoked · Strict liability
- Breach of official duty regulation 58(1) · Revoked · Strict liability
- Tampering with nomination papers, ballot papers etc regulation 59(1) · Revoked · Requires proof of a state of mind
- Elections: false information in nomination papers etc regulation 60(1) · Revoked · Strict liability
- Elections: false information in nomination papers etc regulation 60(2) · Revoked · Strict liability
- Requirement of secrecy regulation 61(5) · Revoked · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2011