The Representation of the People (Scotland) Amendment Regulations 2018

Scottish Statutory Instruments

2018 No. 89

Representation Of The People

The Representation of the People (Scotland) Amendment Regulations 2018

Made

28th February 2018

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9B(1A), 10ZC(3), 10ZD(3), 10ZE(4) and 53(1)(b)(i) and (c) and (3) and paragraphs 1(2) and (2A), 3ZA, 5(1B), 10 and 13(2) of schedule 2 of the Representation of the People Act 1983(1) and all other powers enabling them to do so.

In accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(2), the Scottish Ministers have consulted the Electoral Commission.

In accordance with section 201(2) of the Representation of the People Act 1983(3), a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

(1)

1983 c.2 (“the 1983 Act”). Section 9B(1A) was substituted by paragraph 7(2) of schedule 4 of the Electoral Registration and Administration Act 2013 (c.6) (“the 2013 Act”); for the definition of “prescribed” see section 202(1) of the 1983 Act. Section 10ZC was inserted by section 1(1) of the 2013 Act. Sections 10ZD and 10ZE were inserted by section 1(2) and paragraph 1 of schedule 1 of the 2013 Act; for the definition of “prescribed” see section 202(1) of the 1983 Act. Section 53(1)(b) was substituted by paragraph 13(b) of schedule 1 of the Representation of the People Act 2000 (c.2) (“the 2000 Act”). Section 53(3) was amended by paragraph 13(b) of schedule 4 of the Representation of the People Act 1985 (c.50). Paragraph 1(2) of schedule 2 was amended by paragraph 20(2)(a) of schedule 4 of the 2013 Act and paragraph 24(2) of schedule 1 of the 2000 Act. Paragraph 1(2A) of schedule 2 was inserted by section 2(2) of the 2013 Act. Paragraph 3ZA of schedule 2 was inserted by section 2(3) of the 2013 Act. Paragraph 5(1B) of schedule 2 was inserted by paragraph 15(5) of schedule 1 of the Electoral Administration Act 2006 (c.22). Paragraph 10 of schedule 2 was substituted by section 9(2) of the 2000 Act and amended by paragraph 15(7) of schedule 1 of the Electoral Administration Act 2006. The functions of the Secretary of State are, insofar as within devolved competence, transferred to the Scottish Ministers by section 9 of the Scotland Act 2016 (c.11) and section 53 of the Scotland Act 1998 (c.46).

(2)

2000 c.41. There are amendments to section 7 but none are relevant to this instrument.

(3)

Section 201(2) was substituted by paragraph 69 of schedule 4 of the Representation of the People Act 1985 and amended by S.I. 1991/1728 and section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).