Referendums (Scotland) Act 2020 Explanatory Notes

1. Introduction

2. The Act

3. Background to the Act

4. Commentary

   1. Referendums

      1. Section 1 - Referendums to which this Act applies

      2. Section 2 - Referendum questions

   2. Power to change date of referendum if UK election on the same day

      1. Section 3 – Power to change date of referendum if UK election on the same day

   3. Franchise

      1. Section 4 – Those who are entitled to vote

      2. Section 5 – Those who are subject to a legal incapacity to vote

   4. Voting etc.

      1. Section 6 – Provision about voting etc.

      2. Schedule 1: Further provision about voting in the referendum

         1. Part 1: Manner of voting

         2. Part 2: Registration

         3. Part 3: Postal voting: issue and receipt of ballot papers

         4. Part 4: Supply of register of local government electors etc.

         5. Part 5: Supply of marked register of local government electors etc.

   5. Conduct

      1. Section 7 – Chief Counting Officer (CCO)

      2. Section 8 – Other counting officers

      3. Section 9 – Functions of the Chief Counting Officer and other counting officers

      4. Section 10 - Correction of procedural errors

      5. Section 11 - Expenses of counting officers

      6. Section 12 – Conduct rules

      7. Schedule 2: Conduct rules

   6. Campaign

      1. Section 13 - Campaign rules

      2. Section 14 - Monitoring and securing compliance with the campaign rules

      3. Section 15 - Inspection of Electoral Commission’s registers etc.

      4. Section 16 - Campaign rules: general offences

      5. Section 17 - Campaign offences: summary proceedings

      6. Section 18 - Duty of court to report convictions to the Electoral Commission

      7. Schedule 3: Campaign rules

         1. Part 1: Interpretation

         2. Part 2: Permitted participants and designated organisations

         3. Part 3: Referendum expenses

         4. Part 4: Publications

         5. Part 5: Control of donations

         6. Part 6: Control of loans and credit

      8. Schedule 4: Campaign rules: investigatory powers of the Electoral Commission

      9. Schedule 5: Campaign rules: civil sanctions

         1. Part 1: Fixed monetary penalties

         2. Part 2: Discretionary requirements

         3. Part 3: Stop notices

         4. Part 4: Enforcement undertakings

         5. Part 5: General and supplemental

         6. Part 6: Interpretation

         7. Part 7: Listed campaign offences

   7. Referendum agents

      1. Section 19 - Referendum agents

   8. Observers

      1. Section 20 – Attendance of Electoral Commission at proceedings and observation of working practices

      2. Section 21 – Accredited observers: individuals

      3. Section 22 – Accredited observers: organisations

      4. Section 23 – Attendance and conduct of accredited observers

      5. Section 24 – Code of practice on attendance of observers

   9. Information, guidance, advice and encouragement

      1. Section 25 – Information for voters

      2. Section 26 - Guidance

      3. Section 27 - Advice

      4. Section 28 – Encouraging participation

   10. Report on referendum

       1. Section 29 - Report on the conduct of the referendum

   11. Electoral Commission: administrative provision

       1. Section 30 – Reimbursement of Commission’s costs

       2. Section 31 – Estimates of expenditure

       3. Section 32 - Maladministration

       4. Section 33 - Information about persons aged under 16

       5. Section 34 - Registration officers’ expenses

   12. Offences

       1. Section 35 - Offences

       2. Section 36 – Individual culpability for offending by an organisation

       3. Schedule 6: Offences

   13. Power to modify this Act

       1. Section 37 - Power to modify this Act

       2. Section 38 - Power to vary specified sums

   14. Legal proceedings

       1. Section 39 – Restriction on legal challenge to referendum result

   15. Final provisions

       1. Section 40 - Interpretation

       2. Section 41 - Commencement

       3. Section 42 – Short title

5. Parliamentary History

6. Annex A Draft Timetable for a Referendum Based on the Provisions Set Out in the Referendums (Scotland) Act 2020

7. Annex B