Representation of the People (Scotland) (Amendment) Regulations 2010

My Lords, I beg to move that the draft regulations laid before the House on 27 January be considered. These regulations make amendments to the Representation of the People (Scotland) Regulations 2001 and the Representation of the People (Scotland) Regulations 1986 that are necessary as a result of amendments being made to the Representation of the People Act 1983 by Section 25 of the Political Parties and Elections Act 2009. They do not therefore introduce new policy; the policy position is as provided by Parliament in the 2009 Act. These regulations simply make sure that the policy is given effect. Without these changes, Section 25 cannot be commenced. Section 25 of the 2009 Act transfers responsibility for retaining certain United Kingdom parliamentary election documents in Scotland, thereby making them available for public inspection and disposing of them from sheriff clerks to parliamentary returning officers. Section 25 will be brought into force, by order, on the same date as these regulations. It might be helpful if I provide some background to the introduction of Section 25 of the 2009 Act. At present, after a Westminster election has been contested in Scotland, election material, including the marked register, is sent by the returning officer to the local sheriff clerk for safekeeping. The sheriff clerk is obliged to make some of the material available for public inspection and to destroy all the material after one year, unless otherwise ordered. However, there have been difficulties with the present arrangements for some time, as sheriff clerks do not feel that their offices are set up to carry out these functions effectively. Following consultation with stakeholders, the Government proposed a change to the law to transfer responsibility for storage and access for UK election records from sheriff clerks to returning officers. This is already the position for documents relating to European Parliament and local government elections in Scotland. It also essentially mirrors the practice in England and Wales where local authorities, through electoral registration officers who are also acting returning officers, are responsible for these functions. Similar provision will be made for Scottish Parliament election material through the Scottish Parliament (Elections etc.) Order, which will be made before the 2011 Scottish parliamentary elections. On timing, the intention is for the new arrangements to apply to the next general election. This is of course subject to Parliament approving these regulations and the regulations being made sufficiently in advance of the date of the poll. As for consultation, the Society of Local Authority Chief Executives, which represents returning officers in Scotland, and the Electoral Commission were consulted on the proposal to transfer these functions from sheriff clerks to returning officers and on the proposed commencement date. They were content. In addition, and in line with statutory requirements, the Electoral Commission was consulted on the draft regulations. On the question of funding, returning officers will be able to claim for the costs necessarily incurred in connection with their new functions as part of their claim under Section 29 of the 1983 Act. Section 29 provides for payments to and by returning officers. In addition, fees will be payable to returning officers by eligible purchasers of the marked register of electors and the marked postal vote list for UK parliamentary elections in Scotland. These regulations do not change the existing fees, which remain as set out in the Representation of the People (Scotland) Regulations 2001. To summarise, these regulations do not introduce new policy; they simply make consequential changes that are necessary as a result of Section 25 of the Political Parties and Elections Act 2009, which transfers functions in relation to retention, public inspection and disposal of parliamentary election documents in Scotland from sheriff clerks to parliamentary returning officers. I commend the regulations to the Committee. I beg to move.