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Scottish Elections (Representation and Reform) Act 2025

2025 asp 4 · Enacted 29 January 2025 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

An Act of the Scottish Parliament to make further provision about eligibility of elected representatives in the Scottish Parliament and in local government and to reform certain aspects of the law relating to Scottish parliamentary and local government elections.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th December 2024 and received Royal Assent on 29th January 2025

Contents

  1. Part 1: Candidacy rights etc. of foreign nationals
  2. 1Scottish Parliament elections
  3. 2Local government elections
  4. Part 2: Disqualification
  5. Disqualifications: MPs, members of the House of Lords and councillors
  6. 3Scottish Parliament: disqualification of MPs
  7. 4Scottish Parliament: disqualification of members of the House of Lords
  8. 5Scottish Parliament: disqualification of councillors
  9. Disqualifications relating to sexual offences and notification requirements
  10. 6Scottish Parliament: disqualification relating to sexual offences etc.
  11. 7Local authorities: disqualifications relating to sexual offences etc.
  12. Scottish disqualification orders
  13. 8Scottish disqualification orders
  14. 9Returning officers
  15. 10Registration officers
  16. 11Counting officers
  17. 12Effect of order: Scottish Parliament
  18. 13Effect of order: local government
  19. 14Power to amend the schedule
  20. Disqualification orders under Elections Act 2022
  21. 15Scottish Parliament: disqualification from membership
  22. 16Local authorities: disqualifications for nomination, election and holding office
  23. 17Disqualification orders: aggravation
  24. Temporary relief from disqualification
  25. 18Persons holding office: temporary relief from effect of disqualification
  26. 19Transitional provision: disqualifications relating to sexual offences etc.
  27. Section 15 of the Scotland Act 1998
  28. 20Ending ambulatory effect of section 15 of the Scotland Act 1998
  29. Part 3: Campaign finance
  30. Expenditure in respect of Scottish Parliament elections
  31. 21Notional and third party expenditure: Scottish Parliament elections
  32. 22Third parties capable of giving notification
  33. 23Restriction on which third parties may incur controlled expenditure
  34. 24Transitional provision: offences relating to third party expenditure
  35. 25Code of practice on controls relating to third parties
  36. Expenditure in respect of local government elections
  37. 26Notional expenditure: local government elections
  38. Part 4: Rescheduling of elections etc.
  39. Scottish Parliament elections
  40. 27Power of Presiding Officer to postpone ordinary election
  41. 28Power of Presiding Officer to schedule extraordinary general elections
  42. 29Election of new Presiding Officer: extension of period
  43. 30Choice of new First Minister after changed election date
  44. 31Rescheduling of by-elections
  45. Local government elections
  46. 32Power of convener of Electoral Management Board to postpone ordinary local election
  47. 33Power of returning officers to postpone election for their area
  48. 34Power of returning officer to postpone or cancel by-election
  49. Part 5: Form of ballot papers
  50. 35Review of order of candidates on ballot papers used at elections
  51. Part 6: Home addresses of candidates and agents
  52. 36Nomination of candidate in local government elections: home address form
  53. 37Election agent and sub-agent in Scottish Parliament elections: public notice of home address
  54. 38Election agent and sub-agent in local government elections: public notice of home address
  55. Part 7: Election pilots and democratic engagement
  56. Pilots under Scottish Local Government (Elections) Act 2002
  57. 39Pilot schemes under the Scottish Local Government (Elections) Act 2002
  58. Pilot for registration of electors
  59. 40Registration of electors pilot provision: power to make temporary provision
  60. 41Proposals for registration of electors pilot provision
  61. 42Evaluation of registration of electors pilot provision by Electoral Commission
  62. 43Power to permanently modify provision about registration of electors
  63. Funding and Accessibility
  64. 44Funding to increase democratic engagement
  65. 45Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004
  66. 46Access to Elected Office Fund
  67. Part 8: Information to be included with certain electronic material at Scottish elections
  68. Introduction
  69. 47Application of this Part
  70. Interpretation
  71. 48Key definitions
  72. 49Further definitions relating to candidates, parties and elections
  73. Electronic material to which the requirements apply
  74. 50Electronic material: conditions for application of section 52
  75. 51Purpose of the electronic material
  76. Requirements when publishing electronic material
  77. 52Requirement to include information
  78. 53Exceptions to requirement in section 52
  79. Offences
  80. 54Offence of breaching section 52
  81. 55Individual culpability where organisation commits an offence
  82. Enforcement and investigation
  83. 56Enforcement by the Electoral Commission
  84. 57Supply of information
  85. Guidance and Electoral Commission Report
  86. 58Guidance
  87. 59Electoral Commission’s annual report
  88. Final provisions
  89. 60Scottish Ministers regulation making powers
  90. 61Consequential revocations
  91. Part 9: Boundaries
  92. 62Boundaries Scotland: changing date of next review of local government wards and number of councillors
  93. 63Boundaries Scotland: reports on Parliament boundaries before a general election
  94. Part 10: Electoral commission
  95. 64Education about electoral and democratic systems
  96. 65Electoral Commission’s annual report: spoilt ballot papers
  97. 66Five-year plan: devolved Scottish elections and referendums
  98. 67Reports on promotion of public awareness about elections
  99. 68Electoral Commission strategy: spoilt ballot papers
  100. Part 11: Electoral management board for Scotland
  101. 69Constitution of the Electoral Management Board for Scotland
  102. 70Application of public bodies legislation to the Electoral Management Board for Scotland
  103. 71Transitional provision: membership of the Electoral Management Board for Scotland
  104. Part 12: General provision
  105. 72Ancillary provision
  106. 73Commencement
  107. 74Short title
  108. Schedule: Offences for the purposes of Part 2
  109. Part 1: Solemn procedure
  110. 1Paragraph 1
  111. Part 2: Summary procedure
  112. Chapter 1: Common law offences
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. 11Paragraph 11
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. 17Paragraph 17
  129. 18Paragraph 18
  130. Chapter 2: Statutory offences
  131. 19Explosive Substances Act 1883
  132. 20Criminal Law Act 1977
  133. 21Taking of Hostages Act 1982
  134. 22Rent (Scotland) Act 1984
  135. 23Public Order Act 1986
  136. 24Criminal Justice Act 1988
  137. 25Trade Union and Labour Relations (Consolidation) Act 1992
  138. 26Criminal Law (Consolidation) (Scotland) Act 1995
  139. 27Communications Act 2003
  140. 28Sexual Offences (Scotland) Act 2009
  141. 29Criminal Justice and Licensing (Scotland) Act 2010
  142. 30Hate Crime and Public Order (Scotland) Act 2021
  143. Part 3: Other
  144. 31Inchoate offences
  145. 32Inchoate offences
  146. 33Superseded offences