Scottish Elections (Representation and Reform) Act 2025

Funding and Accessibility

44 Funding to increase democratic engagement

(1) The Scottish Ministers may provide financial assistance (including grants, loans, guarantees and indemnities) to a person who, to any extent, undertakes, or engages in, activities with the purpose of increasing democratic engagement (or proposes to undertake or engage in such activities).

(2) In this section “increasing democratic engagement” includes activities which, in the opinion of the Scottish Ministers, are undertaken with a view to increasing or improving registration for, or participation in (whether by voters, candidates, campaigners or any other persons), any Scottish Parliament election or local government election (within the meaning of section 204(1) of the Representation of the People Act 1983).

(3) Without prejudice to the generality of subsections (1) and (2) activities funded under this section may include automatic voter registration at educational establishments.

(4) The Scottish Ministers may—

(a) provide financial assistance to such persons as they think fit, and

(b) attach conditions (including conditions as to repayment or the repayment of interest) in respect of any financial assistance provided.

(5) In considering whether to provide financial assistance under subsection (4), the Scottish Ministers must have regard to the impact of the activity or activities in relation to persons with protected characteristics listed in section 4 of the Equality Act 2010.

(6) The Scottish Ministers may, from time to time after financial assistance is provided, vary any conditions attached to it.

45 Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004

(1) The Local Governance (Scotland) Act 2004 is modified as follows.

(2) In section 3 (power to make further provision about local government elections), after subsection (3) insert—

“(3A) Provision made by such an order by virtue of subsection (1)(a) may include provision which—

(a) refers to a document of a particular description as is published from time to time by such person as the order may specify, and

(b) gives effect to such a document which meets the conditions or criteria (if any) as the order may specify.”.

46 Access to Elected Office Fund

(1) The Scottish Ministers must maintain a fund—

(a) that is named the Access to Elected Office Fund,

(b) that provides financial support to disabled persons (within the meaning of section 6(2) of the Equality Act 2010) participating as candidates in—

(i) a Scottish Parliamentary general election,

(ii) an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or

(iii) a local government election (within the meaning of section 204(1) of the Representation of the People Act 1983).

(2) The Scottish Ministers may from time to time make payments into the Fund of such amounts as they may determine.

(3) The Scottish Ministers must make arrangements—

(a) about the procedure or rules for making payments out of the Fund to disabled persons who are candidates at an election mentioned in paragraphs (i) to (iii) of subsection (1)(b),

(b) designating a person to be responsible to administer the making of payments in accordance with that procedure or rules.

(4) The arrangements under subsection (3)(a) must include provision that payments are only to be made to candidates to the extent that they are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.

(5) The Scottish Ministers may only designate a person in accordance with subsection (3)(b) if a draft of the designation has been laid before, and approved by resolution of, the Scottish Parliament.

(6) The duties mentioned in subsections (1) and (3) may be fulfilled by the continuation of any existing fund which is established and maintained administratively by the Scottish Ministers, including continuing with the administrative arrangements for that fund and with the person responsible for administering that fund (without the need for designation under subsection (5)) .

(7) As soon as reasonably practicable after each ordinary general election for membership of the Parliament (see section 2 of the Scotland Act 1998) and each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983), the Scottish Ministers must—

(a) prepare a report on the operation of the Fund,

(b) publish the report in such manner as they consider appropriate.

(8) Nothing in this section affects any other power of the Scottish Ministers to make arrangements for or in connection with providing financial support to disabled persons participating as candidates at any election mentioned in paragraphs (i) to (iii) of subsection (1)(b).