Scottish Elections (Reform) Act 2020

30 Changes to boundaries of parliamentary constituencies: procedure S

(1) Paragraph 6 of schedule 1 of the Scotland Act 1998 (Orders in Council) is amended as follows.

(2) In sub-paragraph (3)—

(a) the words “by leave of the Parliament” are repealed,

(b) after “amend the draft” insert “ to make such minor or technical alterations as they consider appropriate ”.

(3) After that sub-paragraph insert—

“(3A) As soon as reasonably practicable after laying the draft so amended, the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft.

(3B) The Scottish Ministers must not withdraw a draft Order laid before the Parliament under paragraph 3(9)(b) or sub-paragraph (3) except with the agreement of the Parliament.”.

(4) After sub-paragraph (4) insert—

“(4A) If the Scottish Ministers do not lay an amended draft Order under sub-paragraph (3), the Scottish Ministers must notify Boundaries Scotland that it is required to conduct, in accordance with sub-paragraph (4B), a further review of the alterations proposed to the boundaries by the draft Order which was rejected or withdrawn.

(4B) Once notified, Boundaries Scotland must conduct a further review of the proposed alterations and may determine the manner and the extent of the review, provided that the purpose of the review is to—

(a) consider the representations (if any) of the Parliament, and

(b) reconsider the proposals and make any further or supplementary proposals as it thinks fit.

(4C) This schedule applies to a further review under sub-paragraph (4B) as it applies to a review and report under paragraph 3 except that—

(a) Boundaries Scotland is to submit a report on the further review—

(i) before such date as the Scottish Ministers may direct, or

(ii) in the absence of such direction, within such reasonable time as it may determine,

(b) sub-paragraphs (1)(a), (3) and (4) of paragraph 7 do not apply to a further review under sub-paragraph (4B),

(c) where a report has already been submitted following a further review under sub-paragraph (4B), the Scottish Ministers may notify Boundaries Scotland under sub-paragraph (4A) that it is required to conduct a further review only if the Parliament has by resolution directed them to do so.

(4D) A further review under sub-paragraph (4B) is to be disregarded for the purposes of calculating the intervals between reports of Boundaries Scotland under paragraph 3.”.

Commencement Information

I1 S. 30 in force at 14.5.2021 by S.S.I. 2021/124, reg. 2, sch.