Referendums (Scotland) Act 2020 Explanatory Notes

Power to modify this Act

Section 37 - Power to modify this Act

353.Section 37 confers a power on the Scottish Ministers to make regulations to modify this Act in certain circumstances. This could be in consequence of any modification of any other law relating to the conduct of referendums or elections, campaigning at referendums or elections, or entitlement to vote in any referendum or election. They may also make modifications to give effect to recommendations of the Electoral Commission.

354.These regulations are subject to the affirmative procedure and the Electoral Commission and any other appropriate individuals or bodies must be consulted before draft regulations are laid. At the same time as laying the draft regulations, the Scottish Ministers must lay before the Parliament a document which sets out the details of the consultation, any representations received and any changes to the draft regulations as a result of those consultations.

Section 38 - Power to vary specified sums

355.Section 38 confers a power on the Scottish Ministers to make regulations to vary any sum specified in this Act. They may only do this to reflect changes in the value of money, for example due to inflation, or to give effect to a recommendation of the Electoral Commission.

356.Regulations made to reflect changes in the value of money are subject to the negative procedure; regulations made to give effect to the recommendations of the Electoral Commission are subject to the affirmative procedure.

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