Scottish Elections (Representation and Reform) Act 2025
2025 asp 4 · Enacted 29 January 2025 · Extends to Scotland
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
- Part 1: Candidacy rights etc. of foreign nationals
- 1Scottish Parliament elections
- 2Local government elections
- Part 2: Disqualification
- Disqualifications: MPs, members of the House of Lords and councillors
- 3Scottish Parliament: disqualification of MPs
- 4Scottish Parliament: disqualification of members of the House of Lords
- 5Scottish Parliament: disqualification of councillors
- Disqualifications relating to sexual offences and notification requirements
- 6Scottish Parliament: disqualification relating to sexual offences etc.
- 7Local authorities: disqualifications relating to sexual offences etc.
- Scottish disqualification orders
- 8Scottish disqualification orders
- 9Returning officers
- 10Registration officers
- 11Counting officers
- 12Effect of order: Scottish Parliament
- 13Effect of order: local government
- 14Power to amend the schedule
- Disqualification orders under Elections Act 2022
- 15Scottish Parliament: disqualification from membership
- 16Local authorities: disqualifications for nomination, election and holding office
- 17Disqualification orders: aggravation
- Temporary relief from disqualification
- 18Persons holding office: temporary relief from effect of disqualification
- 19Transitional provision: disqualifications relating to sexual offences etc.
- Section 15 of the Scotland Act 1998
- 20Ending ambulatory effect of section 15 of the Scotland Act 1998
- Part 3: Campaign finance
- Expenditure in respect of Scottish Parliament elections
- 21Notional and third party expenditure: Scottish Parliament elections
- 22Third parties capable of giving notification
- 23Restriction on which third parties may incur controlled expenditure
- 24Transitional provision: offences relating to third party expenditure
- 25Code of practice on controls relating to third parties
- Expenditure in respect of local government elections
- 26Notional expenditure: local government elections
- Part 4: Rescheduling of elections etc.
- Scottish Parliament elections
- 27Power of Presiding Officer to postpone ordinary election
- 28Power of Presiding Officer to schedule extraordinary general elections
- 29Election of new Presiding Officer: extension of period
- 30Choice of new First Minister after changed election date
- 31Rescheduling of by-elections
- Local government elections
- 32Power of convener of Electoral Management Board to postpone ordinary local election
- 33Power of returning officers to postpone election for their area
- 34Power of returning officer to postpone or cancel by-election
- Part 5: Form of ballot papers
- 35Review of order of candidates on ballot papers used at elections
- Part 6: Home addresses of candidates and agents
- 36Nomination of candidate in local government elections: home address form
- 37Election agent and sub-agent in Scottish Parliament elections: public notice of home address
- 38Election agent and sub-agent in local government elections: public notice of home address
- Part 7: Election pilots and democratic engagement
- Pilots under Scottish Local Government (Elections) Act 2002
- 39Pilot schemes under the Scottish Local Government (Elections) Act 2002
- Pilot for registration of electors
- 40Registration of electors pilot provision: power to make temporary provision
- 41Proposals for registration of electors pilot provision
- 42Evaluation of registration of electors pilot provision by Electoral Commission
- 43Power to permanently modify provision about registration of electors
- Funding and Accessibility
- 44Funding to increase democratic engagement
- 45Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004
- 46Access to Elected Office Fund
- Part 8: Information to be included with certain electronic material at Scottish elections
- Introduction
- 47Application of this Part
- Interpretation
- 48Key definitions
- 49Further definitions relating to candidates, parties and elections
- Electronic material to which the requirements apply
- 50Electronic material: conditions for application of section 52
- 51Purpose of the electronic material
- Requirements when publishing electronic material
- 52Requirement to include information
- 53Exceptions to requirement in section 52
- Offences
- 54Offence of breaching section 52
- 55Individual culpability where organisation commits an offence
- Enforcement and investigation
- 56Enforcement by the Electoral Commission
- 57Supply of information
- Guidance and Electoral Commission Report
- 58Guidance
- 59Electoral Commission’s annual report
- Final provisions
- 60Scottish Ministers regulation making powers
- 61Consequential revocations
- Part 9: Boundaries
- 62Boundaries Scotland: changing date of next review of local government wards and number of councillors
- 63Boundaries Scotland: reports on Parliament boundaries before a general election
- Part 10: Electoral commission
- 64Education about electoral and democratic systems
- 65Electoral Commission’s annual report: spoilt ballot papers
- 66Five-year plan: devolved Scottish elections and referendums
- 67Reports on promotion of public awareness about elections
- 68Electoral Commission strategy: spoilt ballot papers
- Part 11: Electoral management board for Scotland
- 69Constitution of the Electoral Management Board for Scotland
- 70Application of public bodies legislation to the Electoral Management Board for Scotland
- 71Transitional provision: membership of the Electoral Management Board for Scotland
- Part 12: General provision
- 72Ancillary provision
- 73Commencement
- 74Short title
- Schedule: Offences for the purposes of Part 2
- Part 1: Solemn procedure
- 1Paragraph 1
- Part 2: Summary procedure
- Chapter 1: Common law offences
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Chapter 2: Statutory offences
- 19Explosive Substances Act 1883
- 20Criminal Law Act 1977
- 21Taking of Hostages Act 1982
- 22Rent (Scotland) Act 1984
- 23Public Order Act 1986
- 24Criminal Justice Act 1988
- 25Trade Union and Labour Relations (Consolidation) Act 1992
- 26Criminal Law (Consolidation) (Scotland) Act 1995
- 27Communications Act 2003
- 28Sexual Offences (Scotland) Act 2009
- 29Criminal Justice and Licensing (Scotland) Act 2010
- 30Hate Crime and Public Order (Scotland) Act 2021
- Part 3: Other
- 31Inchoate offences
- 32Inchoate offences
- 33Superseded offences