Explanatory Notes

Scotland Act 1998

1998 CHAPTER 46

19th November 1998

Schedules

Schedule 5.

Part II: Preliminary paragraphs

Head B - Home Affairs

Section B3: Elections
Details of Provisions

Elections for membership of the House of Commons, the European Parliament and the Scottish Parliament are reserved, including the subject-matter of:

(a)

the European Parliamentary Elections Act 1978.  This Act provides for the election of representatives to the European Parliament including the determination of the United Kingdom’s European Parliamentary constituencies;

(b)

the Representation of the People Act 1983 and the Representation of the People Act 1985.  These Acts contain the current provisions concerning Parliamentary elections in the United Kingdom including, in particular, provision as to who may vote how they may vote, the conduct of elections and the return of members; and

(c)

the Parliamentary Constituencies Act 1986. This Act effectively provides for the distribution of seats in the House of Commons amongst constituencies. In particular, it provides for Boundary Commissions for the constituent parts of the United Kingdom to review the distribution of seats and determines the rules under which the Commission must conduct these reviews,

so far as they apply, or may be applied, in respect of such membership.

The franchise at local government elections is also a reserved matter but other matters concerning local government elections are not caught by the reservation.  The Scottish Parliament is thus able to legislate on: