Scottish Elections (Representation and Reform) Act 2025 (asp 4)

Prospective

Part 7 S Election pilots and democratic engagement

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)

Pilot for registration of electors S

40 Registration of electors pilot provision: power to make temporary provision S

(1) This section applies where a proposal has been made in accordance with section 41.

(2) The Scottish Ministers may by regulations make temporary provision about the registration of electors (“registration of electors pilot provision”).

(3) A registration of electors pilot provision is a provision that—

(a) relates to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland,

(b) has effect for a specified period,

(c) applies in relation to a register of local government electors for a local government area or parts of local government areas, and

(d) is either—

(i) not in relevant Scottish elections legislation,

(ii) different from provision in relevant Scottish elections legislation, or

(iii) connected to provision of the kind specified in sub-paragraph (i) or (ii).

(4) A registration of electors pilot provision—

(a) may (in particular) include provision about—

(i) the rights and duties of individuals as regards registration,

(ii) the administration of registration and registers of local government electors,

(iii) access to and publication of registers of local government electors,

(iv) any other matter which relates to action to be taken, or procedure to be carried out, as regards registration,

(b) may also include provision about the processing of information for and in connection with any matter as regards registration, which may (in particular)—

(i) authorise or require a person or description of persons to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,

(ii) authorise the Scottish Ministers (and any persons acting on their behalf) to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,

(c) may not include provision about a person’s entitlement to be registered in a register of local government electors for any local authority area.

(5) Regulations under subsection (2) must specify the day before which the Electoral Commission must send its report under section 42.

(6) Regulations under subsection (2) may—

(a) make different provision for different purposes, areas, persons or categories of persons,

(b) make consequential, supplementary, incidental, transitional or saving provision,

(c) modify any enactment.

(7) If the regulations under subsection (2) make provision modifying any enactment, the regulations must provide for the modifications to cease to have effect at the end of such period as is specified (and different periods may be specified in relation to different modifications).

(8) In this section—

• “processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018,

• “relevant Scottish elections legislation” means an enactment that applies in relation to the registration of persons in a register of local government electors for the purpose of entitling that person to vote in—

  (a)

  an election for membership of the Scottish Parliament,

  (b)

  a local government election in Scotland,

• “specified” means specified in, or determined under, regulations under subsection (2).

(9) Regulations under subsection (2) are subject to the negative procedure.

Commencement Information

I2 S. 40 not in force at Royal Assent, see s. 73(2)

41 Proposals for registration of electors pilot provision S

(1) A registration of electors pilot provision under section 40 may be proposed by—

(a) the Scottish Ministers after consulting—

(i) the Electoral Commission,

(ii) the Electoral Management Board for Scotland, and

(iii) such other persons as they consider appropriate, or

(b) a person mentioned in subsection (2) submitting a proposal to the Scottish Ministers.

(2) 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 pilot relates to a register of local government electors in the authority’s area, and

(ii) the authority has consulted—

(A) the Electoral Commission, and

(B) the Electoral Management Board for Scotland,

(c) an electoral registration officer if—

(i) the proposed pilot relates to a register of electors for the local government areas or parts of local government areas included in the area for which the officer acts, and

(ii) the officer has consulted—

(A) the Electoral Commission, and

(B) the Electoral Management Board for Scotland.

(3) A person who may make a proposal under subsection (1)(b) may make the proposal jointly with one or more other persons making a proposal under that subsection.

(4) Any duty to consult a person with whom the person makes a joint proposal does not apply.

(5) Where a pilot is proposed by a person (or persons acting jointly) mentioned in subsection (2) the proposal and the proposed pilot may be approved by the Scottish Ministers either without modification or with such modifications as the Scottish Ministers consider appropriate.

(6) A registration of electors pilot provision may only be made where, in the opinion of the Scottish Ministers or, in the case where a pilot is the subject of a proposal by a person (or persons acting jointly) mentioned in subsection (2), the person or persons who proposed that pilot, that provision is likely to—

(a) facilitate registration by any persons or any particular description of persons, or

(b) encourage more persons, or more persons of a particular description, to register.

(7) The Scottish Ministers—

(a) may, in order to inform their consideration of a proposal submitted to them under subsection (1)(b) and how they might deal with it, consult such persons as they think appropriate,

(b) must, before making any modification in accordance with subsection (5) consult the Electoral Management Board for Scotland and, if the proposal was not submitted by the Board, the person (or persons acting jointly) who submitted the proposal.

(8) In this section and in section 42 “electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983.

Commencement Information

I3 S. 41 not in force at Royal Assent, see s. 73(2)

42 Evaluation of registration of electors pilot provision by Electoral Commission S

(1) The Electoral Commission must prepare a report on the operation of a registration of electors pilot provision made by regulations under section 40(2) before the day specified under subsection (5) of that section (or such later date as the Commission and the Scottish Ministers may agree).

(2) The report must contain, in particular—

(a) a description of the way in which the provision made by the regulations differed from the provisions which would otherwise have applied (including, for example, by virtue of the Representation of the People Act 1983),

(b) a copy of the registration of electors pilot provision,

(c) an assessment of the success or otherwise of the pilot provision in—

(i) facilitating registration by any persons or any particular description of persons, or

(ii) encouraging more persons, or more persons of a particular description, to register,

(d) the arrangements made under the regulations to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to register,

(e) an assessment of whether persons found the procedures for registration easy to use,

(f) an assessment of whether the procedures provided under the regulations led to any incidence of, or increase in, impersonation or other electoral offences or in any other malpractice in connection with elections,

(g) an assessment of whether provision similar to that made by the regulations should apply generally, and on a permanent basis, in relation to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for all areas in Scotland,

(h) any other matter relating to the registration of electors pilot provision as the Scottish Ministers may direct.

(3) In preparing the report, the Electoral Commission may consult such persons as they think appropriate.

(4) The Electoral Commission must, before the day specified under section 40(5) (or such later date as the Commission and the Scottish Ministers may agree)—

(a) send a copy of the report to—

(i) the Scottish Ministers,

(ii) any local authority in whose area the registration of electors pilot provision relates,

(iii) the Electoral Management Board for Scotland, and

(iv) where the pilot was proposed by an electoral registration officer under section 41(1)(b), that officer, and

(b) publish the report in such manner as they think fit.

Commencement Information

I4 S. 42 not in force at Royal Assent, see s. 73(2)

43 Power to permanently modify provision about registration of electors S

(1) The power in subsection (3) applies if—

(a) the Scottish Ministers consider, in the light of a report made under section 42 on the operation of registration of electors pilot provision, that it would be desirable to achieve the reform outcome described in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by a registration of electors pilot provision to apply generally, and on a permanent basis, in relation to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for all areas in Scotland.

(3) The Scottish Ministers may by regulations make provision for or in connection with the registration of persons in a register of local government electors to achieve the reform outcome.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must consult—

(a) the Electoral Management Board for Scotland, and

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

(5) Subsections (4), (6) and (8) of section 40 apply to regulations made under subsection (3) as they apply to regulations made under subsection (2) of that section.

(6) When laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must also lay before the Scottish Parliament a copy of the report prepared by the Electoral Commission under section 42.

(7) Nothing in this section affects the other powers of the Scottish Ministers to make provision for or in connection with the registration of persons in a register of local government electors.

(8) Regulations under subsection (3) are subject to the affirmative procedure.

Commencement Information

I5 S. 43 not in force at Royal Assent, see s. 73(2)

Funding and Accessibility S

44 Funding to increase democratic engagement S

(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.

Commencement Information

I6 S. 44 not in force at Royal Assent, see s. 73(2)

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

(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.”.

Commencement Information

I7 S. 45 not in force at Royal Assent, see s. 73(2)

46 Access to Elected Office Fund S

(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).

Commencement Information

I8 S. 46 not in force at Royal Assent, see s. 73(2)