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Scottish Elections (Representation and Reform) Act 2025

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31Rescheduling of by-elections

(1)The Scotland Act 1998 is modified as follows.

(2)In section 9 (constituency vacancies), after subsection (4) insert—

“(4A)Subsection (4B) applies where—

(a)the Presiding Officer fixes a date under subsection (2), and

(b)the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4B)The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2).

(4C)Subsection (4D) applies where—

(a)the Presiding Officer fixes a date under subsection (2) or (4B), and

(b)the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4D)If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held.

(4E)Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult—

(a)the Electoral Commission,

(b)the convener of the Electoral Management Board for Scotland, and

(c)the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant.

(4F)As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

(a)either—

(i)the date fixed for the holding of the poll, or (as the case may be)

(ii)that an election is not to be held, and

(b)the reasons for the exercise of the power.”.

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