Scottish Elections (Representation and Reform) Act 2025

Prospective

Pilots under Scottish Local Government (Elections) Act 2002 S

39 Pilot schemes under the Scottish Local Government (Elections) Act 2002 S

(1) The Scottish Local Government (Elections) Act 2002 is modified as follows.

(2) In section 5 (pilot schemes for local elections)—

(a) in subsection (1), for the words from the beginning to “shall” substitute “Where a proposal has been made that a scheme under this section should apply to particular local government elections held in a local authority’s area, the Scottish Ministers may”,

(b) after that subsection insert—

“(1A) A scheme may be proposed by—

(a) the Scottish Ministers after consulting the Electoral Management Board for Scotland, the Electoral Commission and such other persons as they consider appropriate, or

(b) a person mentioned in subsection (1B) submitting a proposal to the Scottish Ministers.

(1B) The persons are—

(a) the Electoral Management Board for Scotland, if the Board has consulted the Electoral Commission,

(b) a local authority if—

(i) the proposed scheme relates to particular local government elections held in the authority’s area, and

(ii) the authority has consulted the Electoral Management Board for Scotland and the Electoral Commission,

(c) an electoral registration officer if—

(i) the proposed scheme relates to particular local government elections held in any constituency in relation to which the officer is appointed, and

(ii) the officer has consulted the Electoral Management Board for Scotland and the Electoral Commission.

(1C) Where a scheme is proposed by a person mentioned in subsection (1B) the proposal and the proposed scheme may be approved by the Scottish Ministers, either without modification or with such modifications as the Scottish Ministers consider appropriate.”,

(c) in subsection (2) after “Acts” insert “or any other enactment”,

(d) after subsection (2), insert—

“(2A) An order under subsection (1) is subject to the affirmative procedure if the proposed scheme implemented by the order—

(a) includes provision regarding the method used to cast votes which differs from the Acts or other enactments mentioned in subsection (2), and

(b) the differing provision sets out a method of specifying a voter’s preference from among the candidates to be councillor by electronic means (including using stand-alone machines, as well as the internet and other forms of electronic communication).”,

(e) in subsection (3) for “the local authority which proposed the scheme” substitute “the Scottish Ministers or, in the case where a person mentioned in subsection (1B) proposed the scheme, that person,”,

(f) in subsection (6)—

(i) in paragraph (a) for “(1)” substitute “(1A)(a)”, and

(ii) in paragraph (b) for “under that subsection, consult the local authority which” substitute “in accordance with subsection (1C) consult the Electoral Commission, the Electoral Management Board for Scotland and, if it was not submitted by the Board, the person who”,

(g) in subsection (9) after “Acts” insert “or any other enactment”,

(h) in subsection (12)—

(i) the word “and” immediately following paragraph (a)(i) is repealed,

(ii) in paragraph (a)(ii) for “which proposed the scheme” substitute “in whose area the elections that were subject to the scheme took place”,

(iii) after paragraph (a)(ii) insert—

“(iii) the Electoral Management Board for Scotland, and

(iv) where the scheme was proposed by an electoral registration officer under subsection (1B), that officer,” and

(i) in subsection (14), after the opening words insert the following definition—

• ““electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983,”.

(3) In section 6 (revision of procedures in the light of pilot schemes), after subsection (3) insert—

“(3A) Before laying such a draft before the Parliament the Scottish Ministers must consult—

(a) the Electoral Management Board for Scotland,

(b) the Electoral Commission, and

(c) such other persons as the Scottish Ministers consider appropriate.”.

Commencement Information

I1 S. 39 not in force at Royal Assent, see s. 73(2)