Crofters, Cottars And Small Landholders Citation and commencement 1 These Regulations may be cited as the Crofting Commission (Elections) (Scotland) Amendment Regulations 2016 and come into force on the day after the day on which they are made. Amendment of the Crofting Commission (Elections) (Scotland) Regulations 2011 2 The Crofting Commission (Elections) (Scotland) Regulations 2011 are amended in accordance with regulations 3 to 12. 3 In regulation 8(4) (election of members), omit “that at which they were elected.” and insert— — a the date on which they were elected; or b where regulation 54A(8) applies, the date on which they were deemed to be an elected member. . 4 In regulation 10 (disqualification of candidates)— a in paragraph (1), after sub-paragraph (b), insert— ba the Commission has decided under section 26C(5) of the 1993 Act that any of the duties mentioned in— i section 5B ; ii section 5C; or iii section 19C(2)(b), (c) or (d) , of the 1993 Act are not being complied with by the person, being a crofter; and that person has not complied with an undertaking in relation to that duty; ; and b in paragraph (5), for sub-paragraph (d) substitute— d the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 ; or . 5 In regulation 11(1) (timetable), after row 3 in the timetable insert— 3A Deadline for applications for removal from the absent electors list and from the proxy list Not later than 5 weeks before the day of the count . 6 In regulation 23 (closing dates for applications)— a after paragraph (1) insert— 1A An application under regulation 21(3) or 22(5) must be disregarded for the purposes of any election if it is received by the registration officer after 5.00 p.m. on the day 5 weeks before the day of the count at that election. ; and b in paragraph (2), after “paragraph (1)” insert “or (1A)”. 7 In regulation 48 (declaration of result), after paragraph (1) insert— 1A The returning officer must— a record in writing the declaration made under paragraph (1)(a); and b as soon as reasonably practicable after making that record, give a copy of it to the registration officer. 1B Once public notice of the information in sub-paragraph (1)(e) has been given, the returning officer must as soon as reasonably practicable procure the destruction of any electronic data or other records retained under regulation 50(3) in a manner which ensures that their confidentiality is preserved. . 8 In regulation 50 (sealing up of ballot papers), for each reference in paragraphs (3) and (4) to “49” substitute “48(1)(e)”. 9 For regulation 53 (retention of documents), substitute— Retention of documents 53 1 The registration officer must retain— a for five years all— i electronic copies mentioned in regulation 50(1)(b), forwarded to the registration officer under regulation 51; ii copies of the record given to the registration officer under regulation 48(1A)(b); and iii election expenses returns forwarded to the registration officer under regulation 64(2); and b for one year all other documents relating to an election forwarded to the registration officer in pursuance of these Regulations by a returning officer. 2 At the expiry of the period in paragraph (1)(a) or (b), the registration officer must, unless otherwise directed by an order of a sheriff principal, cause the items retained under that sub-paragraph to be destroyed. . 10 After regulation 54 (death of candidate), insert— Vacancies among elected members 54A 1 In this regulation— a “the relevant day” is the day after the expiry of the period of 21 days beginning with the day on which the invitation in paragraph (5) is given; b “vacating member” means an elected member who— i resigns office under paragraph 6(1) of schedule 1 of the 1993 Act; ii is removed from office under paragraph 9(1) of schedule 1 of the 1993 Act; or iii otherwise ceases to be a member of the Commission, before the day of the count at the election subsequent to that at which the member was elected or deemed to be elected; and c “vacancy” is to be construed in accordance with sub-paragraph (b). 2 Subject to paragraph (7), the person who may hold office as a member of the Commission in place of the vacating member is determined by paragraphs (3) to (6). 3 As soon as reasonably practicable after the vacancy arises the registration officer must give an invitation in writing to the person mentioned in paragraph (4), or as the case may be (6), to fill the vacancy. 4 The person is the candidate credited in the declaration made under regulation 48(1)(a) as the person who polled most votes among the candidates who were not elected in the election at which the vacating member was elected and who at the time of giving the invitation— a would be qualified to be a candidate at an election under regulation 9; b would not be disqualified from being a candidate at an election under regulation 10; and c had complied with regulation 64(1). 5 If the registration officer does not receive in writing the acceptance of the person invited to fill the vacancy before the relevant day, the registration officer must— a as soon as reasonably practicable give an invitation to fill the vacancy to the candidate credited in the declaration made under regulation 48(1)(a) as the person who polled the next most votes among the candidates who were not elected in the election at which the vacating member was elected and who at the time of giving the invitation meets the criteria mentioned in paragraph (4)(a) to (c); and b repeat the process mentioned in sub-paragraph (a)— i until a person accepts the invitation to fill the vacancy; or ii if no person accepts the invitation, until the list of candidates is exhausted. 6 If two or more candidates— a were credited with the same number of votes, being the most or next most votes among the candidates who were not elected in the election at which the vacating member was elected as specified in paragraph (4) or (5); and b meet the criteria in paragraph (4)(a) to (c), the registration officer must determine by lot which of those persons is to be invited to fill the vacancy. 7 The Scottish Ministers may determine that a vacancy is to be left unfilled until the outcome of the election mentioned in paragraph (1) where – a the vacancy arises less than one year before the day of the count at that election; and b the quorum of the Commission under paragraph 11 of schedule 1 of the 1993 Act is met. 8 A person who accepts an invitation to fill a vacancy under this regulation is, from the date of receipt of that acceptance by the registration officer, deemed to be an elected member of the Commission for the constituency in which the vacancy arose. 9 As soon as reasonably practicable after a person accepts the invitation to fill the vacancy or, as the case may be, the list of candidates is exhausted, the registration officer must give public notice of— a the fact that a vacancy among elected members has or, as the case may be, has not been filled under this regulation; and b where a vacancy among elected members has been filled under this regulation— i the name of the person who has filled the vacancy; and ii the date on which the person who has filled the vacancy was deemed to be an elected member under paragraph (8). 10 The registration officer may authorise any person to perform any of the registration officer’s functions under this regulation. 11 An authorisation under paragraph (10) does not affect the registration officer’s responsibility for the exercise of the registration officer’s functions. . 11 In regulation 63 (election expenses), for “£600” substitute “£700”. 12 In regulation 64 (election expenses returns)— a in paragraph (1), for “elected candidate” substitute “candidate whose name and address is contained in the ballot papers for that election”; and b omit paragraph (3). Revocation 13 The following provisions of the Crofting Commission (Elections) (Scotland) Regulations 2011 are revoked— a in regulation 11 (timetable), paragraph (2); and b regulation 49 (publication of voting information). FERGUS EWING A member of the Scottish Government St Andrew’s House, Edinburgh 15th December 2016