Section 12 of the Scotland Act 1998 provides, amongst other things, that the Secretary of State may by order make provision as to the conduct of elections for membership of the Scottish Parliament. This includes the power to set and provide funding to Returning Officers in Scotland for the running of elections. The current laws/regulations governing Scottish Parliament elections are set out in the
Scottish Parliament (Elections) Etc Order 2007 (as amended).
In addition, under Schedule 1 of the Scotland Act, as amended by the Scottish Parliament (Constituencies) Act 2004, the Secretary of State is responsible for laying reports by the Boundary Commission and a draft Order in Council for giving effect to the recommendations contained in the report before Parliament. The Order in Council may also make provision for any matters which the Secretary of State thinks are incidental to or consequential on the recommendations. Copies of Acts and regulations can be found on the
Office of Public Sector Information website.
The Secretary of State/Scotland Office has lead responsibility for the policy and law governing Scottish Parliament elections. We and our legal advisers work closely with a range of stakeholders, including the Ministry of Justice and electoral administrators, to ensure that our proposed policies and laws for Scottish Parliament elections are appropriate and will be effective. We are also required by law to consult the Electoral Commission.
The Secretary of State for Justice/Ministry of Justice have lead responsibility for the policy and law governing UK and European Parliament elections. However, we work very closely with them, consulting our stakeholders as necessary, to ensure that their proposed policies and laws are appropriate for and workable in Scotland.
While the franchise i.e. who can vote is a reserved matter, matters such as when local elections are held, how they are run and what voting system is used are devolved and therefore the responsibility of the
Scottish Government. The Elections and Boundaries Team meets regularly with Scottish Government officials dealing with local government elections to discuss matters of common interest.
There are currently no key Scotland Office consultations underway dealing with elections or boundary issues. Please refer to our publications section for details of current and past Scotland Office consultations.
If you want to find out further information on elections or voting, including how to register to vote, please refer to the Electoral Commission's website '
About My Vote'.
If you are interested in any aspect of the team's work please contact us.