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Scottish Elections (Representation and Reform) Act 2025

Type Act of the Scottish Parliament

Publication 2025-01-29

Last updated 2026-04-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Candidacy rights etc. of foreign nationals

Scottish Parliament elections

1

(1) The Scotland Act 1998 is modified as follows.

(2) In section 16 (exceptions and relief from disqualification)—

(a) in subsection (2B), for paragraph (b) substitute—

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

(b) subsection (2C) is repealed.

Local government elections

2

(1) The Local Government (Scotland) Act 1973 is modified by subsections (2) and (3).

(2) In section 29 (qualifications for nomination, election and holding office as member of local authority)—

(a) in subsection (1), the words “or a schedule 6A national” are repealed,

(b) in subsection (5), the words “or a schedule 6A national” are repealed,

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

(d) subsections (7) and (8) are repealed.

(3) Schedule 6A (candidacy rights of foreign nationals) is repealed.

(4) The Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Act 2022 is repealed.

Part 2 — Disqualification

Disqualifications: MPs, members of the House of Lords and councillors

Scottish Parliament: disqualification of MPs

3

(1) The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Commons, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(ii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iii) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),

(e) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of members of the House of Lords

4

(1) The Scottish Ministers must lay before the Scottish Parliament a draft of a Scottish statutory instrument containing regulations which—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of the House of Lords, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) remove the exceptions from disqualification in subsection (1) of that section,

(ii) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(iii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iv) provide for periods of exception from the disqualification for any person who would otherwise be disqualified, provided that person—

(A) has a leave of absence from the House of Lords,

(B) has made an application for such leave and the application has not been withdrawn or refused, or

(v) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted periods provided in accordance with subsection (2)(b)(iii) or (iv), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) modify section 82 of the Scotland Act 1998 (limits on salaries of members of the Parliament),

(e) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under subsection (1), they may lay further such instruments under that subsection.

Scottish Parliament: disqualification of councillors

5

(1) The Scottish Ministers may by regulations—

(a) make provision to the effect that a person is disqualified from membership of the Scottish Parliament if that person is a member of a local authority, and

(b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

(2) Regulations under subsection (1) may, in particular—

(a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

(b) modify section 16 of the Scotland Act 1998 (exceptions and relief from disqualification) so as to—

(i) provide under subsection (3) of that section that the Scottish Parliament may not resolve to disregard the disqualification imposed by the regulations,

(ii) provide for a period of exception from the disqualification for any person recently returned at an election,

(iii) provide for an exception from the disqualification for any person who is serving as a member of the Scottish Parliament on the day the regulations come into force, provided that any exception is limited to a period of time no longer than the period between that day and the day of the next ordinary general election under section 2 of the Scotland Act 1998,

(i) which proceedings of the Parliament a person may or may not participate in during any excepted period provided in accordance with subsection (2)(b)(ii), and

(ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

(d) make different provision for different purposes.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

Disqualifications relating to sexual offences and notification requirements

Scottish Parliament: disqualification relating to sexual offences etc.

6

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15 (disqualification from membership of the Parliament)—

(a) after subsection (1)(b), insert—

(ba) the person is subject to— (i) any relevant notification requirements, or (ii) a relevant sexual harm or risk order,

, and

(b) after subsection (3), insert—

(4) In this section and in section 16— - “relevant notification requirements” has the same meaning as in section 31(4) of the Local Government (Scotland) Act 1973, and - “relevant sexual harm or risk order” has the same meaning as in section 31(5) of the Local Government (Scotland) Act 1973.

Local authorities: disqualifications relating to sexual offences etc.

7

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31(1) (disqualifications for nomination, election and holding office as member of local authority), after paragraph (d) insert—

(e) the person is subject to— (i) any relevant notification requirements, or (ii) a relevant sexual harm or risk order,

(3) After section 31(3B), insert—

(4) In this section, “relevant notification requirements” means— (a) the notification requirements of Part 2 of the Sexual Offences Act 2003, (b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010, (c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (d) the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man). (5) In this section, “relevant sexual harm or risk order” means— (a) a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003, (c) sexual offences prevention order under section 104 of that Act, (d) a sexual harm prevention order under section 345 of the Sentencing Act 2020, (e) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010, (f) a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (g) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man), (h) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (i) risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, (j) a sexual risk order under section 122A of the Sexual Offences Act 2003, (k) a risk of sexual harm order under section 123 of that Act, (l) a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010, (m) a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, (n) a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man). (6) The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions. (7) Regulations under subsection (6) are subject to the affirmative procedure.

Scottish disqualification orders

8

(1) This section applies where—

(a) a person (“the offender”) is convicted of an offence specified in the schedule,

(b) the offender was aged 18 or over when the offence was committed, and

(c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 9 to 11.

(2) The court must, when dealing with the offender for the offence, also make an order (a “Scottish disqualification order”) in respect of the offender which—

(a) is to have effect for the period of 5 years beginning with the date on which the order is made, and

(b) makes the person subject to the disqualifications in—

(i) section 15(1)(bb) of the Scotland Act 1998, and

(ii) section 31(1)(f) of the Local Government (Scotland) Act 1973.

(3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

(4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 9 to 11 if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 9 to 11, or

(b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(6) For the purpose of deciding whether to make a Scottish disqualification order the court may consider evidence led by the prosecution and the defence.

(7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

(8) Where an offence specified in the schedule is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(9) Where this section applies, the court must—

(a) take the aggravation under subsection (1)(c) into account in determining the appropriate sentence, and

(b) state—

(i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii) otherwise, the reasons for there being no such difference.

(10) In this section, “presumed” means presumed by the offender.

Returning officers

9

(1) A person falls within this section if the person is—

(a) a returning officer, or

(b) a member of a returning officer’s staff.

(2) In this section—

“a member of a returning officer’s staff” means a person who is employed by, or working under the direction of, a returning officer in a role the duties of which relate to the returning officer’s functions,

“a returning officer” means an officer who is— appointed under section 41(1) of the Representation of the People Act 1983 (returning officers: local elections in Scotland), a constituency returning officer by virtue of an order under section 12(1) of the Scotland Act 1998, an officer designated in accordance with an order under section 12(6) of that Act (a regional returning officer).

Registration officers

10

(1) A person falls within this section if the person is—

(a) a registration officer, or

(b) a member of a registration officer’s staff.

(2) In this section—

“a member of a registration officer’s staff” means a person who is employed by, or working under the direction of, a registration officer in a role the duties of which relate to the registration officer’s functions,

“a registration officer” means an officer who is appointed under section 8(3) of the Representation of the People Act 1983 (registration officers).

Counting officers

11

(1) A person falls within this section if the person is—

(a) a Chief Counting Officer,

(b) a deputy of the Chief Counting Officer

(d) a deputy of the counting officer,

(e) a member of the Chief Counting Officer’s staff,

(f) a member of a counting officer’s staff.

(2) In this section—

“Chief Counting Officer” means the person appointed under section 7(1) or (6) Referendums (Scotland) Act 2020 (Chief Counting Officer),

“counting officer” means a person appointed under section 8(1) or (5) of that Act (other counting officers),

“deputy of the Chief Counting Officer” means a person appointed under section 7(7) of that Act,

“deputy of the counting officer” means a person appointed under section 8(6) of that Act,

“member of the Chief Counting Officer’s staff” means a member of staff appointed or provided under section 9(9) of that Act (functions of the Chief Counting Officer and other counting officers),

“member of the counting officer’s staff” means a member of staff provided under section 9(10) of that Act.

Effect of order: Scottish Parliament

12

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (ba) (inserted by section 6) insert—

(bb) the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,

Effect of order: local government

13

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31(1) (disqualifications for nomination, election and holding office as member of local authority),

(a) the word “or” immediately following paragraph (b) is repealed,

(b) the word “or” immediately following paragraph (c) is repealed,

(f) the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,

Power to amend the schedule

14

(1) The Scottish Ministers may by regulations modify the schedule so as to add or remove an offence.

(2) Regulations under this section are subject to the affirmative procedure.

Disqualification orders under Elections Act 2022

Scottish Parliament: disqualification from membership

15

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (bb) (inserted by section 12), insert—

(bc) the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc),

Local authorities: disqualifications for nomination, election and holding office

16

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31 (disqualifications for nomination, election and holding office as member of local authority), in subsection (1), after paragraph (f) (inserted by section 13) insert

or (g) the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).

Disqualification orders: aggravation

17

(1) The Elections Act 2022 is modified as follows.

(2) In section 30—

(a) after subsection (3) insert—

(3A) Where the court is a Scottish court, it must— (a) take the aggravation under subsection (1)(c) into account when determining the appropriate sentence, and (b) state— (i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or (ii) otherwise, the reasons for there being no such difference.

(b) in subsection (9), after the definition of “Schedule 9 offence” insert—

“Scottish court” means a court with jurisdiction over Scottish criminal law offences.

Temporary relief from disqualification

Persons holding office: temporary relief from effect of disqualification

18

(1) The Scotland Act 1998 is modified by subsections (2) and (3).

(2) In section 16 (exceptions and relief from disqualification)—

(a) after subsection (1) insert—

(1A) A person who is subject to— (a) any relevant notification requirements, (b) a relevant sexual harm or risk order, or (c) a relevant disqualification order, is not disqualified merely because of section 15(1)(ba), (bb) or, as the case may be, (bc) until the appropriate time. (1B) The appropriate time is— (a) the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or (b) if earlier, the expiry of the ordinary period allowed for making— (i) an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate, (ii) an appeal against the relevant sexual harm or risk order, or (iii) an appeal against the conviction or the making of the disqualification order. (1C) But if, before the appropriate time mentioned in subsection (1B), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless— (a) the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or (b) at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).

(b) in subsection (3), for “15(1)(b)” substitute “15(1)(b), (ba), (bb) or (bc)”,

(6) In this section— - “order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court, - “relevant disqualification order” means— a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).

(3) In section 17 (effect of disqualification)—

(a) in subsection (4), after “subject to” insert “section 16(1A) and”,

(b) for “that section” substitute “those sections”.

(4) The Local Government (Scotland) Act 1973 is modified by subsection (5).

(5) In section 31 (disqualifications for nomination, election and holding office as member of local authority)—

(a) after subsection (1) insert—

(1ZA) A person who is subject to— (a) any relevant notification requirements, (b) a relevant sexual harm or risk order, or (c) a relevant disqualification order, is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time. (1ZB) The appropriate time is— (a) the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or (b) if earlier, the expiry of the ordinary period allowed for making— (i) an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate, (ii) an appeal against the relevant sexual harm or risk order, or (iii) an appeal against the conviction or the making of the disqualification order. (1ZC) But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless— (a) the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or (b) at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified). (1ZD) A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which— (a) the office is vacated in accordance with subsection (1ZB) or (1ZC), or (b) an appeal mentioned in subsection (1ZB) is upheld.

(b) after subsection (7) insert—

(8) In this section— - “order date” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court, - “relevant disqualification order” means— a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).

Transitional provision: disqualifications relating to sexual offences etc.

19

(1) If a person who holds office as a member of the Scottish Parliament on the day on which section 6 comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

(a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

(b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

(i) of the first ordinary general election for membership of the Parliament (see section 2 of the Scotland Act 1998) held after the day on which section 6 comes into force, or

(ii) on which an election is held in accordance with section 9 of the Scotland Act 1998, following that member’s seat becoming vacant after the day on which section 6 comes into force.

(2) If a person who holds office as a member of a local authority on the day on which section 7 comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

(a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

(b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

(i) of the first ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after the day on which section 7 comes into force, or

(ii) on which an election in accordance with section 37 of the Local Government (Scotland) Act 1973 is held following a casual vacancy in that person’s office occurring after the day on which section 7 comes into force.

(3) In this section—

“relevant notification requirements” has the same meaning as in section 31(4) of the Local Government (Scotland) Act 1973 as first enacted,

“relevant sexual harm or risk order” has the same meaning as in section 31(5) of the Local Government (Scotland) Act 1973 as first enacted.

Section 15 of the Scotland Act 1998

Ending ambulatory effect of section 15 of the Scotland Act 1998

20

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15(1) (disqualification from membership of the Parliament)—

(a) in paragraph (a)—

(i) for “he is” substitute “the person would be”,

(ii) at the end of the paragraph insert “as that Act had effect on 27 April 2022”,

(b) in paragraph (b)—

(i) for “he is disqualified otherwise than under that Act” substitute “the person would be disqualified”,

(ii) at the end of the paragraph insert “under any other enactment or rule of law as that enactment or rule of law had effect on 27 April 2022”.

Part 3 — Campaign finance

Expenditure in respect of Scottish Parliament elections

Notional and third party expenditure: Scottish Parliament elections

21

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) In section 73 (notional campaign expenditure), in subsection (1A)—

(a) after “paragraph 3,” insert “5,”,

(b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”.

(3) In section 86 (notional controlled expenditure), in subsection (1A)—

(a) after “paragraph 3,” insert “5,”,

(b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”.

(4) In section 94 (limits on controlled expenditure by third parties), in subsection (8A)—

(a) after “paragraph 3,” insert “5,”,

(b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”.

Third parties capable of giving notification

22

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) In section 88 (third parties recognised for the purposes of Part 6), after subsection (10), insert—

(11) The Scottish Ministers may by regulations amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to Scottish Parliament), by— (a) adding a description of third party to the list in that subsection, (b) removing a description of third party from that list, or (c) varying the description of a third party in that list. (12) Regulations under subsection (11) may only be made where the regulations give effect to a recommendation of the Commission.

(3) In section 156 (orders and regulations), in subsection (4D)—

(a) after “apply to” insert “any regulations under section 88(11) or”, and

(b) for “such order” substitute “such regulations or orders”.

Restriction on which third parties may incur controlled expenditure

23

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) After section 89A insert—

(89B) (1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Scottish devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification). (2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Scottish devolved regulated period which do not in total exceed £700. (3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1). (4) If the third party is not an individual— (a) any person who authorised the expenses to be incurred by or on behalf of the third party commits an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and (b) the third party also commits an offence. (5) If the third party is an individual, the individual commits an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1). (6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of Schedule 10 (general elections to the Scottish Parliament).

(3) In schedule 20 (penalties), at the appropriate place in the table insert—

Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89B(1))	On summary conviction in Scotland: statutory maximum
Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89B(1))	On indictment in Scotland: fine

Transitional provision: offences relating to third party expenditure

24

(1) The amendments made by section 23 have effect only in relation to a Scottish devolved regulated period beginning on or after the day on which section 23 comes fully into force.

(2) In subsection (1) “a Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 of the Political Parties, Elections and Referendums Act 2000 (general elections to the Scottish Parliament).

Code of practice on controls relating to third parties

25

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) After section 100A insert—

(100AA) (1) The Commission must prepare a code of practice about the operation of this Part in relation to a Scottish devolved regulated period. (2) The code must in particular set out— (a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses), (b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure, (c) guidance on determining whether anything provided to, or for the use of, a third party falls to be dealt with in accordance with— (i) section 86 (notional controlled expenditure), or (ii) section 95 and Schedule 11 (donations), (d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties). (3) The Commission may from time to time revise the code. (4) In exercising their functions under this Part, the Commission must have regard to the code (but only in so far as it relates to a general election to the Scottish Parliament and does not relate to a reserved matter (within the meaning of the Scotland Act 1998)). (5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Scottish devolved regulated period, to show— (a) that the code, in the form for the time being issued under section 100BA, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and (b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code. (6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to the Scottish Parliament). (7) Section 100BA sets out consultation and procedural requirements relating to the code or any revised code.

(3) After section 100B, insert—

(100BA) (1) The Commission must consult the following on a draft of a code under section 100AA(1)— (a) the Scottish Parliament, (b) such other persons as the Commission consider appropriate. (2) After the Commission have carried out the consultation required by subsection (1), the Commission must— (a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and (b) submit the draft to the Scottish Ministers for approval by them. (3) The Scottish Ministers may approve a draft code either without modifications or with such modifications as the Scottish Ministers may determine. (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, whether— (a) in its original form, or (b) in a form which incorporates any modifications determined under subsection (3). (5) If the draft code incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them. (6) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to it. (7) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament. (8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period— (a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, (b) the code comes into force on the date appointed by the Scottish Ministers by order, and (c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate. (9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code. (10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament, no account being taken of any period during which the Scottish Parliament is dissolved or is in recess for more than four days.

(4) In section 156 (orders and regulations), in subsection (4C), after “order” insert “under section 100BA(8) or an order”.

(5) In schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11)—

(a) after “paragraph 3,” insert “5,”,

(b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”,

Expenditure in respect of local government elections

Notional expenditure: local government elections

26

(1) The Representation of the People Act 1983 is modified as follows.

(2) In section 90C (property, goods, services etc. provided free of charge or at discount), in subsection (1A), the words “Scotland or” are repealed.

Part 4 — Rescheduling of elections etc.

Scottish Parliament elections

Power of Presiding Officer to postpone ordinary election

27

(1) The Scotland Act 1998 is modified as follows.

(2) In section 2 (ordinary general elections)—

(a) in subsection (5)—

(i) in the opening words, for “one month earlier, nor more than one month” substitute “4 weeks earlier, nor more than 8 weeks”,

(ii) in paragraph (c), for “within the period of seven days beginning immediately” substitute “as soon as reasonably practicable after”.

(b) subsection (5ZZA) is repealed,

(5D) Subsection (5E) applies if a proclamation is made in accordance with subsection (5). (5E) Subject to subsection (2A), if the Presiding Officer proposes another day for the holding of the poll which is not more than 8 weeks later than the day on which the poll is required to be held under the proclamation, His Majesty may by further proclamation under the Scottish Seal— (a) require the poll at the election to be held on the day proposed, and (b) require the Parliament to meet as soon as reasonably practicable after the day of the poll. (5F) Before proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must consult— (a) the Electoral Commission, and (b) the convener of the Electoral Management Board for Scotland. (5G) As soon as reasonably practicable after proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out— (a) the day proposed for the holding of the poll, and (b) the reasons for the making of the proposal.

Power of Presiding Officer to schedule extraordinary general elections

28

(1) The Scotland Act 1998 is modified as follows.

(2) In section 3 (extraordinary general elections)—

(a) after subsection (1), insert—

(1A) But, despite subsection (1), the Presiding Officer may not propose a day for the holding of a poll if an event mentioned in paragraph (a) or (b) of that subsection occurs within the period of 8 weeks ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(b) in subsection (2B), for “one month” substitute “4 weeks”.

Election of new Presiding Officer: extension of period

29

(1) The Scotland Act 1998 is modified as follows.

(2) In section 19 (presiding officer), after paragraph (1A) insert—

(1AA) But where a general election was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), subsection (1A) has effect as if for the words “within the period of 14 days beginning immediately” there were substituted “as soon as reasonably practicable”.

Choice of new First Minister after changed election date

30

(1) The Scotland Act 1998 is modified as follows.

(2) In section 46 (choice of the First Minister), for subsection (3), substitute—

(3) The period allowed is— (a) the period of 28 days which begins with the day on which the event in question occurs, but— (i) if another of those events occurs within the period allowed, that period is extended (subject to sub-paragraph (ii)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and (ii) the period ends if the Parliament passes a resolution under section 3(1)(a) or when His Majesty appoints a person as First Minister, but (b) if the Parliament does not meet within the period of 7 days beginning immediately after the day of the poll at a general election that was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), the initial period of 28 days calculated under paragraph (a) is to be extended by disregarding any days in the period subsequent to that 7 day period and before the Parliament first meets.

Rescheduling of by-elections

31

(1) The Scotland Act 1998 is modified as follows.

(2) In section 9 (constituency vacancies), after subsection (4) insert—

(4A) Subsection (4B) applies where— (a) the Presiding Officer fixes a date under subsection (2), and (b) the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). (4B) The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2). (4C) Subsection (4D) applies where— (a) the Presiding Officer fixes a date under subsection (2) or (4B), and (b) the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). (4D) If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held. (4E) Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult— (a) the Electoral Commission, (b) the convener of the Electoral Management Board for Scotland, and (c) the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant. (4F) As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out— (a) either— (i) the date fixed for the holding of the poll, or (as the case may be) (ii) that an election is not to be held, and (b) the reasons for the exercise of the power.

Local government elections

Power of convener of Electoral Management Board to postpone ordinary local election

32

(1) The Representation of the People Act 1983 is modified as follows.

(2) In section 43 (day of ordinary elections in Scotland, and other timing provisions), in subsection (2)(b), for “section 45(1) below” insert “section 43A, 43B or 45(1)”.

(3) After section 43 insert—

(43A) (1) Despite section 43(1), if the convener of the Electoral Management Board for Scotland considers it necessary or appropriate for any reason to do so, the convener may fix another day for the holding of the poll at the ordinary local election which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held. (2) Before fixing a day under subsection (1), the convener must consult— (a) the Electoral Commission, (b) the Scottish Ministers, and (c) the Secretary of State. (3) As soon as reasonably practicable after fixing a day under subsection (1), the convener must publish, in such manner as the convener considers appropriate, a statement setting out— (a) the day fixed for the holding of the poll, and (b) the reasons for the exercise of the power. (4) Where a day for the holding of the poll at the ordinary local election is specified by order under section 43(1)(b), (1AB) or (1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order. (5) In this section and section 43B, “ordinary local election” has the meaning given in section 43(1C).

Power of returning officers to postpone election for their area

33

(1) The Representation of the People Act 1983 is modified as follows.

(2) After section 43A (inserted by section 32) insert—

(43B) (1) Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held. (2) Before fixing a day under subsection (1), the returning officer must consult— (a) the Secretary of State, (b) the Electoral Commission, and (c) the convener of the Electoral Management Board for Scotland. (3) As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— (a) the day fixed for the holding of the poll, and (b) the reasons for the exercise of the power. (4) Where a day for the holding of the poll at the ordinary local election is— (a) specified by order under section 43(1)(b), (1AB) or (1B), or (b) fixed by the convener of the Electoral Management Board for Scotland under section 43A(1), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.

Power of returning officer to postpone or cancel by-election

34

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) After section 37 insert—

(37A) (1) This section applies where— (a) a casual vacancy occurs in the office of councillor, (b) the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and (c) the date fixed does not fall within the period of 6 months before the relevant date. (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1). (3) Subsection (4) applies where— (a) the returning officer fixes a date under subsection (2), and (b) the date fixed does not fall within the period of 6 months before the relevant date. (4) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2). (5) Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult— (a) the Electoral Commission, and (b) the convener of the Electoral Management Board for Scotland. (6) As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— (a) the date fixed for the holding of the poll, and (b) the reasons for the exercise of the power. (7) For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A). (37B) (1) This section applies where— (a) a casual vacancy occurs in the office of councillor, (b) on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members, (c) the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and (d) the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date. (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A. (3) Before fixing a date under subsection (2) the returning officer must consult— (a) the Electoral Commission, and (b) the convener of the Electoral Management Board for Scotland. (4) As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— (a) the date fixed for the holding of the poll, and (b) the reasons for the exercise of the power. (37C) (1) This section applies where— (a) a casual vacancy occurs in the office of councillor, (b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and (c) the date fixed falls within the period of 6 months before the relevant date. (2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held. (3) Before determining that an election is not to be held under subsection (2), the returning officer must consult— (a) the Electoral Commission, and (b) the convener of the Electoral Management Board for Scotland. (4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— (a) that an election is not to be held, and (b) the reasons for the exercise of the power. (5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.

Part 5 — Form of ballot papers

Review of order of candidates on ballot papers used at elections

35

(1) The Scottish Ministers must review the method of ordering of candidates on ballot papers—

(a) at local government elections, and

(b) at Scottish Parliament elections.

(2) The Scottish Ministers may consult such persons as they consider appropriate when undertaking such a review.

(3) The Scottish Ministers must, by no later than the day which is 5 years after the day of coming into force of this section—

(a) prepare a report on that review,

(b) publish the report, and

(4) The report must, in particular, set out an assessment of—

(a) whether any changes should be made to the method of ordering of candidates—

(i) at local government elections, or

(ii) at Scottish Parliament elections,

(b) the advantages and disadvantages of different methods of randomising ballot papers or otherwise changing the ordering of candidates on ballot papers at those elections, and

(i) an order under section 3 of the Local Governance (Scotland) Act 2004 containing new rules on the method of ordering of candidates on ballot papers in local government elections, or

(ii) an order under section 12 of the Scotland Act 1998 containing new rules on the method of ordering of candidates on ballot papers in Scottish Parliament elections.

Part 6 — Home addresses of candidates and agents

Nomination of candidate in local government elections: home address form

36

(1) The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399) is modified as follows.

(2) In Schedule 1—

(a) in paragraph 4(11)(b)(i) for the words “the name of the relevant area” substitute “which of the relevant areas under rule 4(12) the candidate wants to be made public”,

(b) in paragraph 4(12) in the definition of “relevant area” after “Scotland” insert—

the electoral ward, or

Election agent and sub-agent in Scottish Parliament elections: public notice of home address

37

(1) The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) is modified as follows.

(2) In article 32—

(a) in paragraph (8) after second “address” insert “, unless a request is made by the election agent under paragraph (9)”,

(b) after paragraph (8) insert—

(9) A declaration under article 32(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address. (10) A request under paragraph (9) must be granted by the returning officer where an alternative correspondence address has been provided.

(3) In article 33—

(a) in paragraph (5) after “declared” insert “, unless a request is made by the sub-agent under paragraph (5A)”,

(b) after paragraph (5) insert—

(5A) A declaration under article 33(5) may include a request by the sub-agent that any public notice of their address is to a correspondence address rather than their home address. (5B) A request under paragraph (5A) must be granted by the returning officer where an alternative correspondence address has been provided.

Election agent and sub-agent in local government elections: public notice of home address

38

(1) The Representation of the People Act 1983 is modified as follows.

(2) In section 67 (appointment of election agent)—

(a) in subsection (6) after second “address” insert “, unless subsection (6ZA) applies”,

(b) after subsection (6) insert—

(6ZA) Where an election agent is appointed in a Scottish local government election, a declaration under section 67(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address. (6ZB) A request under subsection (6ZA) must be granted by the returning officer where an alternative correspondence address has been provided.

(3) In section 68 (nomination of sub-agent at parliamentary or Authority elections)—

(a) in subsection (3) after “declared” insert “, unless subsection (3A) applies”,

(b) after subsection (3) insert—

(3A) Where a sub-agent is appointed in a Scottish local government election, a declaration under section 68(3) may include a request by the sub-agent that any public notice of their address is to a correspondence address rather than their home address. (3B) A request under subsection (3A) must be granted by the returning officer where an alternative correspondence address has been provided.

Part 7 — Election pilots and democratic engagement

Pilots under Scottish Local Government (Elections) Act 2002

Pilot schemes under the Scottish Local Government (Elections) Act 2002

39

(1) The Scottish Local Government (Elections) Act 2002 is modified as follows.

(2) In section 5 (pilot schemes for local elections)—

(a) in subsection (1), for the words from the beginning to “shall” substitute “Where a proposal has been made that a scheme under this section should apply to particular local government elections held in a local authority’s area, the Scottish Ministers may”,

(b) after that subsection insert—

(1A) A scheme may be proposed by— (a) the Scottish Ministers after consulting the Electoral Management Board for Scotland, the Electoral Commission and such other persons as they consider appropriate, or (b) a person mentioned in subsection (1B) submitting a proposal to the Scottish Ministers. (1B) The persons are— (a) the Electoral Management Board for Scotland, if the Board has consulted the Electoral Commission, (b) a local authority if— (i) the proposed scheme relates to particular local government elections held in the authority’s area, and (ii) the authority has consulted the Electoral Management Board for Scotland and the Electoral Commission, (c) an electoral registration officer if— (i) the proposed scheme relates to particular local government elections held in any constituency in relation to which the officer is appointed, and (ii) the officer has consulted the Electoral Management Board for Scotland and the Electoral Commission. (1C) Where a scheme is proposed by a person mentioned in subsection (1B) the proposal and the proposed scheme may be approved by the Scottish Ministers, either without modification or with such modifications as the Scottish Ministers consider appropriate.

(d) after subsection (2), insert—

(2A) An order under subsection (1) is subject to the affirmative procedure if the proposed scheme implemented by the order— (a) includes provision regarding the method used to cast votes which differs from the Acts or other enactments mentioned in subsection (2), and (b) the differing provision sets out a method of specifying a voter’s preference from among the candidates to be councillor by electronic means (including using stand-alone machines, as well as the internet and other forms of electronic communication).

(e) in subsection (3) for “the local authority which proposed the scheme” substitute “the Scottish Ministers or, in the case where a person mentioned in subsection (1B) proposed the scheme, that person,”,

(f) in subsection (6)—

(i) in paragraph (a) for “(1)” substitute “(1A)(a)”, and

(ii) in paragraph (b) for “under that subsection, consult the local authority which” substitute “in accordance with subsection (1C) consult the Electoral Commission, the Electoral Management Board for Scotland and, if it was not submitted by the Board, the person who”,

(g) in subsection (9) after “Acts” insert “or any other enactment”,

(h) in subsection (12)—

(i) the word “and” immediately following paragraph (a)(i) is repealed,

(ii) in paragraph (a)(ii) for “which proposed the scheme” substitute “in whose area the elections that were subject to the scheme took place”,

(iii) after paragraph (a)(ii) insert—

(iii) the Electoral Management Board for Scotland, and (iv) where the scheme was proposed by an electoral registration officer under subsection (1B), that officer,

and

(i) in subsection (14), after the opening words insert the following definition—

“electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983,

(3) In section 6 (revision of procedures in the light of pilot schemes), after subsection (3) insert—

(3A) Before laying such a draft before the Parliament the Scottish Ministers must consult— (a) the Electoral Management Board for Scotland, (b) the Electoral Commission, and (c) such other persons as the Scottish Ministers consider appropriate.

Pilot for registration of electors

Registration of electors pilot provision: power to make temporary provision

40

(1) This section applies where a proposal has been made in accordance with section 41.

(2) The Scottish Ministers may by regulations make temporary provision about the registration of electors (“registration of electors pilot provision”).

(3) A registration of electors pilot provision is a provision that—

(a) relates to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland,

(b) has effect for a specified period,

(c) applies in relation to a register of local government electors for a local government area or parts of local government areas, and

(d) is either—

(i) not in relevant Scottish elections legislation,

(ii) different from provision in relevant Scottish elections legislation, or

(iii) connected to provision of the kind specified in sub-paragraph (i) or (ii).

(4) A registration of electors pilot provision—

(a) may (in particular) include provision about—

(i) the rights and duties of individuals as regards registration,

(ii) the administration of registration and registers of local government electors,

(iii) access to and publication of registers of local government electors,

(iv) any other matter which relates to action to be taken, or procedure to be carried out, as regards registration,

(b) may also include provision about the processing of information for and in connection with any matter as regards registration, which may (in particular)—

(i) authorise or require a person or description of persons to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,

(ii) authorise the Scottish Ministers (and any persons acting on their behalf) to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,

(c) may not include provision about a person’s entitlement to be registered in a register of local government electors for any local authority area.

(5) Regulations under subsection (2) must specify the day before which the Electoral Commission must send its report under section 42.

(6) Regulations under subsection (2) may—

(a) make different provision for different purposes, areas, persons or categories of persons,

(b) make consequential, supplementary, incidental, transitional or saving provision,

(7) If the regulations under subsection (2) make provision modifying any enactment, the regulations must provide for the modifications to cease to have effect at the end of such period as is specified (and different periods may be specified in relation to different modifications).

(8) In this section—

“processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018,

“relevant Scottish elections legislation” means an enactment that applies in relation to the registration of persons in a register of local government electors for the purpose of entitling that person to vote in— an election for membership of the Scottish Parliament, a local government election in Scotland,

“specified” means specified in, or determined under, regulations under subsection (2).

(9) Regulations under subsection (2) are subject to the negative procedure.

Proposals for registration of electors pilot provision

41

(1) A registration of electors pilot provision under section 40 may be proposed by—

(a) the Scottish Ministers after consulting—

(i) the Electoral Commission,

(ii) the Electoral Management Board for Scotland, and

(iii) such other persons as they consider appropriate, or

(b) a person mentioned in subsection (2) submitting a proposal to the Scottish Ministers.

(2) The persons are—

(a) the Electoral Management Board for Scotland, if the Board has consulted the Electoral Commission,

(b) a local authority if—

(i) the proposed pilot relates to a register of local government electors in the authority’s area, and

(ii) the authority has consulted—

(A) the Electoral Commission, and

(B) the Electoral Management Board for Scotland,

(i) the proposed pilot relates to a register of electors for the local government areas or parts of local government areas included in the area for which the officer acts, and

(ii) the officer has consulted—

(A) the Electoral Commission, and

(B) the Electoral Management Board for Scotland.

(3) A person who may make a proposal under subsection (1)(b) may make the proposal jointly with one or more other persons making a proposal under that subsection.

(4) Any duty to consult a person with whom the person makes a joint proposal does not apply.

(5) Where a pilot is proposed by a person (or persons acting jointly) mentioned in subsection (2) the proposal and the proposed pilot may be approved by the Scottish Ministers either without modification or with such modifications as the Scottish Ministers consider appropriate.

(6) A registration of electors pilot provision may only be made where, in the opinion of the Scottish Ministers or, in the case where a pilot is the subject of a proposal by a person (or persons acting jointly) mentioned in subsection (2), the person or persons who proposed that pilot, that provision is likely to—

(a) facilitate registration by any persons or any particular description of persons, or

(b) encourage more persons, or more persons of a particular description, to register.

(7) The Scottish Ministers—

(a) may, in order to inform their consideration of a proposal submitted to them under subsection (1)(b) and how they might deal with it, consult such persons as they think appropriate,

(b) must, before making any modification in accordance with subsection (5) consult the Electoral Management Board for Scotland and, if the proposal was not submitted by the Board, the person (or persons acting jointly) who submitted the proposal.

(8) In this section and in section 42 “electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983.

Evaluation of registration of electors pilot provision by Electoral Commission

42

(1) The Electoral Commission must prepare a report on the operation of a registration of electors pilot provision made by regulations under section 40 (2) before the day specified under subsection (5) of that section (or such later date as the Commission and the Scottish Ministers may agree).

(2) The report must contain, in particular—

(a) a description of the way in which the provision made by the regulations differed from the provisions which would otherwise have applied (including, for example, by virtue of the Representation of the People Act 1983),

(b) a copy of the registration of electors pilot provision,

(i) facilitating registration by any persons or any particular description of persons, or

(ii) encouraging more persons, or more persons of a particular description, to register,

(d) the arrangements made under the regulations to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to register,

(e) an assessment of whether persons found the procedures for registration easy to use,

(f) an assessment of whether the procedures provided under the regulations led to any incidence of, or increase in, impersonation or other electoral offences or in any other malpractice in connection with elections,

(g) an assessment of whether provision similar to that made by the regulations should apply generally, and on a permanent basis, in relation to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for all areas in Scotland,

(h) any other matter relating to the registration of electors pilot provision as the Scottish Ministers may direct.

(3) In preparing the report, the Electoral Commission may consult such persons as they think appropriate.

(4) The Electoral Commission must, before the day specified under section 40 (5) (or such later date as the Commission and the Scottish Ministers may agree)—

(a) send a copy of the report to—

(i) the Scottish Ministers,

(ii) any local authority in whose area the registration of electors pilot provision relates,

(iii) the Electoral Management Board for Scotland, and

(iv) where the pilot was proposed by an electoral registration officer under section 41 (1)(b), that officer, and

(b) publish the report in such manner as they think fit.

Power to permanently modify provision about registration of electors

43

(1) The power in subsection (3) applies if—

(a) the Scottish Ministers consider, in the light of a report made under section 42 on the operation of registration of electors pilot provision, that it would be desirable to achieve the reform outcome described in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by a registration of electors pilot provision to apply generally, and on a permanent basis, in relation to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for all areas in Scotland.

(3) The Scottish Ministers may by regulations make provision for or in connection with the registration of persons in a register of local government electors to achieve the reform outcome.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must consult—

(a) the Electoral Management Board for Scotland, and

(b) such other persons as the Scottish Ministers consider appropriate.

(5) Subsections (4), (6) and (8) of section 40 apply to regulations made under subsection (3) as they apply to regulations made under subsection (2) of that section.

(6) When laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must also lay before the Scottish Parliament a copy of the report prepared by the Electoral Commission under section 42.

(7) Nothing in this section affects the other powers of the Scottish Ministers to make provision for or in connection with the registration of persons in a register of local government electors.

(8) Regulations under subsection (3) are subject to the affirmative procedure.

Funding and Accessibility

Funding to increase democratic engagement

44

(1) The Scottish Ministers may provide financial assistance (including grants, loans, guarantees and indemnities) to a person who, to any extent, undertakes, or engages in, activities with the purpose of increasing democratic engagement (or proposes to undertake or engage in such activities).

(2) In this section “increasing democratic engagement” includes activities which, in the opinion of the Scottish Ministers, are undertaken with a view to increasing or improving registration for, or participation in (whether by voters, candidates, campaigners or any other persons), any Scottish Parliament election or local government election (within the meaning of section 204(1) of the Representation of the People Act 1983).

(3) Without prejudice to the generality of subsections (1) and (2) activities funded under this section may include automatic voter registration at educational establishments.

(4) The Scottish Ministers may—

(a) provide financial assistance to such persons as they think fit, and

(b) attach conditions (including conditions as to repayment or the repayment of interest) in respect of any financial assistance provided.

(5) In considering whether to provide financial assistance under subsection (4), the Scottish Ministers must have regard to the impact of the activity or activities in relation to persons with protected characteristics listed in section 4 of the Equality Act 2010.

(6) The Scottish Ministers may, from time to time after financial assistance is provided, vary any conditions attached to it.

Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004

45

(1) The Local Governance (Scotland) Act 2004 is modified as follows.

(2) In section 3 (power to make further provision about local government elections), after subsection (3) insert—

(3A) Provision made by such an order by virtue of subsection (1)(a) may include provision which— (a) refers to a document of a particular description as is published from time to time by such person as the order may specify, and (b) gives effect to such a document which meets the conditions or criteria (if any) as the order may specify.

Access to Elected Office Fund

46

(1) The Scottish Ministers must maintain a fund—

(a) that is named the Access to Elected Office Fund,

(b) that provides financial support to disabled persons (within the meaning of section 6(2) of the Equality Act 2010) participating as candidates in—

(i) a Scottish Parliamentary general election,

(ii) an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or

(iii) a local government election (within the meaning of section 204(1) of the Representation of the People Act 1983).

(2) The Scottish Ministers may from time to time make payments into the Fund of such amounts as they may determine.

(3) The Scottish Ministers must make arrangements—

(a) about the procedure or rules for making payments out of the Fund to disabled persons who are candidates at an election mentioned in paragraphs (i) to (iii) of subsection (1)(b),

(b) designating a person to be responsible to administer the making of payments in accordance with that procedure or rules.

(4) The arrangements under subsection (3)(a) must include provision that payments are only to be made to candidates to the extent that they are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.

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