Guidance for Returning Officers administering a Scottish Parliament election

Constituency Returning Officer

As CRO, you play a central role in the democratic process. Your role is to ensure that the election is administered effectively and that, as a result, the experience of voters and those standing for election is a positive one. You must also consider the accessibility for voters at polling stations. Our guidance on assistance with voting for disabled people provides further information.

To achieve this, each RRO and CRO for a Scottish parliament constituency within each RRO’s region should have effective mechanisms in place to enable them to co-operate with each other in the discharge of their functions.

If you are also the RRO you are uniquely placed to liaise with the CROs in your area to ensure that all voters and candidates in the region receive a consistent and high-quality experience.

As CRO you are personally responsible for the conduct of the Scottish Parliament election in your constituency, including:

• publication of the notice of election for the constituency contest1
• administration of the nomination process for the constituency contest2
• encouraging participation
• publication of the statement of persons nominated and the notice of poll for the constituency contest3
• provision4 and equipment5 of polling stations
• appointment of polling station staff6
• conduct of the poll
• management of the postal vote process for both contests7
• verification and counting votes for both the constituency contest and that part of the regional contest that falls within your constituency8
• declaration of the constituency result9
• transmission of both contest results to the RRO10

Your duties as CRO are separate from your duties as a local government officer. As CRO you are not responsible to the council but are directly accountable to the courts as an independent statutory office holder.

While you can appoint one or more persons to discharge any or all of your functions as CRO, you cannot delegate your personal responsibility for delivering the election. For more information see our guidance on the appointment of deputes.

Regional Returning Officer

If you are also the RRO, in your region you will be personally responsible for:

• publication of the notice of election for the regional contest11
• administration of the nomination process for the regional contest12
• publication of the statement of persons and parties nominated and the notice of poll for the regional contest13
• directing, if necessary, the CROs in your region about the means of informing you of the results of both contests in each constituency within the region
• the collation, calculation and allocation of seats for the region14
• the declaration of the regional result15

Electoral Management Board for Scotland

The Electoral Management Board for Scotland (EMB) seeks to ensure that the interests of the voter are kept at the centre of all elections planning and administration. The EMB undertakes this by assisting ROs and Electoral Registration Officers (EROs) in relation to devolved Scottish elections through the promotion of best practice by providing information, advice or training.

The EMB Convener has the power to issue directions to ROs and to EROs in respect of Scottish Parliament elections.16 The Convener’s directions are issued following consultation with the Electoral Commission.

The directions or recommendations issued by the EMB Convener are available on their website and their aim is to achieve consistency in delivery across Scotland.

ROs and EROs must follow any directions issued by the EMB Convener.