The Scottish Elections (Details to appear on Election Material) Regulations 2020

Made: 24th September 2020

Laid before the Scottish Parliament: 28th September 2020

Coming into force: 7th December 2020

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Citation and commencement

1

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Application

2

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Interpretation

3

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Circumstances in which election material is to be taken as published

4

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Details to appear on election material

5

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Elections to which regulation 5 applies

6

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Circumstances in which regulation 5 does not have to be complied with

7

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Consideration of election material regarded as promoting or procuring the electoral success of two or more candidates in a party

8

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Information society services: restriction on institution of proceedings against a non-UK service provider

9

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Information society services: exception for mere conduit

10

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Information society services: exception for caching

11

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Information society services: exception for hosting

12

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Signed

GRAEME DEY — Authorised to sign by the Scottish Ministers — 24th September 2020

Explanatory note

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Footnotes

[^f00001]: 2000 c.41. The functions of the Secretary of State are, insofar as within devolved competence, transferred to the Scottish Ministers by section 9 of the Scotland Act 2016 (c.11) and section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”).

[^f00002]: 1972 c.68 (“the 1972 Act”). The 1972 Act was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) with effect from exit day (see section 20 of the 2018 Act), but saved, subject to modifications, until IP completion day by section 1A of that Act. Section 1A of the 2018 Act was inserted by the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”), and defines “IP completion day” by reference to section 39(1) to (5) of the 2020 Act. Section 2(2) was amended by the 1998 Act, schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and schedule 1, Part 1. Paragraph 1A of schedule 2 was inserted by section 28 of the 2006 Act and amended by Part 1 of the schedule of the 2008 Act and S.I. 2007/1388. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is relevant to regulations 9 to 12.

[^f00003]: Section 143(11) provides that “election material” has the meaning given by section 143A. The definition of election material in section 143(11) was substituted by section 26(11)(b) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c.4) (“the 2014 Act”). Section 143A was added by section 26(12) of the 2014 Act.

[^f00004]: 1983 c.2.

[^f00005]: S.S.I. 2015/425.

[^f00006]: Command Paper 2073 and OJ L 1, 3.1.1994, p.3.

[^f00007]: Command Paper 2183 and OJ L 1, 3.1.1994, p.572.

[^f00008]: OJ L 178, 17.7.2000, p.1. The Directive has been incorporated into the EEA agreement by Decision 91/2000 of the EEA Joint Committee (OJ L 7, 11.1.2001, p.13). Article 2(a) defines “information society services” to mean “services” within the meaning of Article 1(2) of Directive 98/34/EC (OJ L 204, 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18) which provides that it is any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service.

[^f00009]: “the promoter” has the same meaning as in section 143(11) of the Political Parties. Elections and Referendums Act 2000 (c.41).

[^f00010]: Paragraph 1(8) of schedule 7 was amended by S.I. 2004/366 and S.I. 2012/1917.

[^f00011]: Section 27(2)(a) was amended by paragraph 141 of part 7 of schedule 1 of the Electoral Administration Act 2006 (c.22).

[^f00012]: Section 25 was amended by paragraphs 4(3)(a) and (b) of schedule 6 of the Recall of MPs Act 2015 (c.25).

[^f00013]: Section 68(1) was amended by paragraph 13(2) of schedule 3 of the Greater London Authority Act 1999 (c.29).

[^f00014]: Section 85(7) was amended by section 32(7) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c.4). Section 88(1) of the Political Parties, Elections and Referendums Act 2000 (c.41) specifies when a third party is recognised for the purposes of Part 6 of the Act.

Editorial notes