Electoral Law

Commissioner

Lady Paton, Chair

Team member

Gillian Swanson, Project Manager

This joint project to modernise and rationalise electoral law stems from a reference to this Commission from the UK Cabinet Office as regards reserved areas of Scots law, and from Scottish Ministers as regards devolved areas.

To date we have published the following papers:

The purpose of the interim report was to enable governments to decide whether to ask us to move on to the production of a final report.

After reviewing our interim report, the UK Government stated, in late 2016, that work on leaving the European Union, and the attendant unprecedented demand on parliamentary time, meant that there was no capacity for an electoral Bill to take forward our recommendations. The Law Commission of England and Wales subsequently explored the possibility of creating a statutory instrument to simplify and bring together the various conduct rules concerning electoral events in England and the Police and Crime Commissioner elections in England and Wales.  Furthermore, in December 2017, the Scottish Government decided to take forward reform of devolved aspects of electoral law by launching a consultation on electoral reforms for Scottish Local Government and Scottish Parliament elections.  There are currently three Bills on electoral law reform before the Scottish Parliament. 

The Cabinet Office has now asked the Commissions to bring the project to a conclusion by publishing a final report. The report will build on the Interim Report and, so far as they are within scope, will take account of developments in electoral law since its publication. We aim to publish our final report in early 2020.

Contact

If you require any further information on this project, or if there are matters you wish to raise, please email: gillian.swanson@scotlawcom.gov.uk.