Electoral boundaries - determination process: independent review report

Annex C – Terms of Reference of the Review

Independent Review of the Process for Determining Electoral Boundary Changes in Scotland

Terms of Reference

Boundaries Scotland (Crìochan na h-Alba) is responsible for reviewing and making recommendations for constituencies and regions in Scottish Parliament elections, local government electoral arrangements (i.e. the number of councillors and ward boundaries within each local authority), and reviews of local government areas. Under current legislation its recommendations need to be approved by the Scottish Parliament before they come into effect.

In a 2022 public consultation on elections related policy and legislation, the Scottish Government asked whether the process by which Boundaries Scotland reviews are implemented should be changed. Of those who noted their support for a change to the system, a form of automaticity was the preferred option.

‘Automaticity’ is a system where the recommendations of the body that reviews electoral boundaries take effect automatically, without needing approval from the legislature. Forms of automaticity now apply to changes to electoral boundaries in the UK Parliament and the Welsh Senedd Cymru.

Objectives of the Review

The Review will consider the process for implementing changes to electoral boundaries in Scotland. In particular, the review will consider options for the introduction of a form of automaticity, taking account of the experience elsewhere in the United Kingdom and internationally, and make recommendations.

Where the Review considers that changes are required to other aspects of the boundary review process in consequence of the recommendations it makes about the process for implementing changes to boundaries, it can also recommend these. For example, recommendations might be made about engagement and consultation with the public and elected representatives or about the structure or resources of Boundaries Scotland.

Findings and recommendations from the review will be published in a report. The intended audience of the report is the Scottish Parliament, the Scottish Government and other public bodies with an interest in elections. Scottish Ministers will have no discretion to amend or modify the report before laying a copy of it in the Scottish Parliament.

Approach to the Review

The Review will take an open, transparent and participative approach to considering options and making recommendations, including consultation with all parties and institutions it considers to have an interest, including voters. The consultation is at the discretion of the independent Chair of the review.

The Review will begin its work on 30 March 2025 and will report to the Scottish Ministers as soon as reasonably practicable. Scottish Ministers will lay a copy of the Report before the Scottish Parliament.