Regulation 10 Amendment of the Crofting Commission (Elections) (Scotland) Regulations 2011

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.”.