Explanatory note

This Order makes provision in consequence of, and in connection with, the commencement of sections 1 and 3 of the Scotland Act 2012 (c.11). Those sections will (subject to some exceptions) transfer from the Secretary of State to the Scottish Ministers responsibility for making provision about the conduct of elections for, and the return of members to, the Scottish Parliament.

Article 2 provides for that transfer of responsibility not to apply to elections which have a date of poll on or before 4th April 2016 (5th April being the earliest possible date of the next ordinary general election to the Scottish Parliament). Elections with polls before then will continue to be governed by the pre-commencement arrangements.

Article 3 revokes spent provisions which previously permitted the Secretary of State to enter into agency arrangements with the Scottish Ministers for the performance of some elections functions. Once the functions are transferred to the Scottish Ministers (or, in the case of determining the terms and conditions for loans of equipment, are removed by article 6 of this Order) these arrangements, and the provision underpinning them, will be unnecessary.

Article 6 removes provision in the Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999) on the loan of equipment as that provision would cease to be appropriate once sections 1 and 3 of the 2012 Act are commenced.

Articles 4, 5, 7, 8 and 9 make other consequential amendments to that Order to reflect the transfer of responsibility to the Scottish Ministers, for example: ensuring that references to the Secretary of State in some legislation that that Order applies are instead read as references to the Scottish Ministers; that subordinate legislation made by the Scottish Ministers is subject to procedure in the Scottish Parliament and not in Parliament; that payments are made to and from the Scottish Consolidated Fund rather than the Consolidated Fund; and to remove the requirement for HM Treasury to consent to subordinate legislation concerning the charges of returning officers.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.