Introductory text

CONSTITUTIONAL LAW

REPRESENTATION OF THE PEOPLE

Made 3rd March 2026

Coming into force 3rd November 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1)(a) and 16(2) and (3) of the Local Governance (Scotland) Act 2004^f1 and sections 12(1) and 113(2), (3), (4), (5) and (9A) of the Scotland Act 1998^f2 and all other powers enabling them to do so.

In accordance with section 7(1) and (2)(g) and (j) of the Political Parties, Elections and Referendums Act 2000^f3, the Scottish Ministers have consulted the Electoral Commission.

In accordance with paragraphs 1 and 2 of schedule 7 of the Scotland Act 1998^f4, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations

Footnotes

f1: 2004 asp 9; section 3 was relevantly amended by section 34(6) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) and section 16(3) was amended by section 2(2)(a) of the Scottish Local Government (Elections) Act 2009 (asp 10).
f2: 1998 c. 46 (“the 1998 Act”). Section 12 was relevantly amended by section 4(1) of the Scotland Act 2016 (c. 11). Section 113(2), (4), (5), (9A) and (9B) of the 1998 Act apply to the exercise of the Scottish Ministers’ power to make an order under section 12 by virtue of section 113(1A) of that Act, which was inserted by section 3 of the Scotland Act 2012 (c. 11) (“the 2012 Act”). Section 113(9A) and (9B) were inserted by section 39(2) of the 2012 Act.
f3: 2000 c. 41; section 7 was relevantly amended by section 12 of the Local Electoral Administration (Scotland) Act 2011 (asp 10), section 3(5) of the Scotland Act 2012 (c. 11).
f4: Schedule 7 was relevantly amended by section 3(3) and (4) of the Scotland Act 2012 (c. 12). The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) and this Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.