Scotland Act 1998

B3. Elections U.K.

[F1 (A) Elections for membership of the House of Commons and the European Parliament]

Section B3.

• Elections for membership of the House of Commons [F2 and the European Parliament] , including the subject-matter of—

  (a)

  [F3 the European Parliamentary Elections Act 2002.]

  (b)

  the Representation of the People Act 1983 and the Representation of the People Act 1985, and

  (c)

  the Parliamentary Constituencies Act 1986,

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

• F4 ...

[F5 (B) Elections for membership of the Parliament and local government elections in Scotland

The subject-matter of sections 2(2A) and 12A of this Act.

The subject-matter of section 43(1AA) of the Representation of the People Act 1983.

The combination of—

(a)

polls at elections or referendums that are outside the legislative competence of the Parliament with polls at—

(i)

elections for membership of the Parliament, or

(ii)

local government elections in Scotland, and

(b)

polls at ordinary general elections for membership of the Parliament with polls at ordinary local government elections in Scotland.

Any digital service provided by a Minister of the Crown for the registration of electors.

The subject matter of—

(a)

Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election within the legislative competence of the Parliament and to the date of the poll at an election for membership of the House of Commons or the European Parliament, and

(b)

sections 145 to 148 and 150 to 154 of that Act (enforcement) as they apply for the purposes of Part 5 or 6, so far as the subject-matter of that Part is reserved by paragraph (a).

The subject-matter of the following sections of the Political Parties, Elections and Referendums Act 2000 in relation to elections for membership of the Parliament—

(a)

section 1, except in relation to—

(i)

financing the Electoral Commission,

(ii)

preparation, laying and publication by the Commission of reports about the performance of its functions, and

(iii)

provision by the Commission of copies of regulations made by it or notice of the alteration or revocation of such regulations,

(b)

sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs),

(c)

sections 12, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G, 71H to 71Y and 140A,

(d)

section 149 (except in relation to the register kept under section 89),

(e)

sections 157 and 159 to 163, and

(f)

sections 145 to 148 and 150 to 154 as they apply for the purposes of a provision mentioned in paragraphs (a) to (e), so far as the subject matter of that provision is reserved by those paragraphs.]

• [F6 Exceptions

• [F7 Exception 1]

• The reduction of the minimum voting age to 16 at elections to the Parliament and local government elections.

• [F8 Exception 2]

• The registration of electors, in order to give effect to provision reducing the minimum voting age at those elections to 16, including—

  (a)

  disregarding alterations in a register of electors,

  (b)

  the content of a register and the effect of registration, and

  (c)

  supplying or otherwise dealing with a register,

  but not including the use of the digital service for applications for registration or for verifying information contained in applications for registration.

• [F9 Exception 3

• The day of the poll at the first ordinary general election for membership of the Parliament after 2016.

• That day must not be the same as the day of the poll at—

  (a)

  a parliamentary general election, other than an early parliamentary general election,

  (b)

  a European parliamentary general election, or

  (c)

  an ordinary local election.

• If under section 3(3) the ordinary general election that would have been the first after 2016 is not held, this exception does not apply to any later election.]

• [F10 Interpretation

• Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent.]

• F11 ...

• F11 ...

• [F12 Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the Political Parties, Elections and Referendums Act 2000; and references to the subject-matter of that Act are to be read as at the day on which the Scotland Act 2016 received Royal Assent.]]

Textual Amendments

F1 Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F2 Words in Sch. 5 Pt. II s. B3 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F3 Sch. 5 Pt. II Section B3: para. (a) substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24) , s. 15 {Sch. 3 para. 7(3)}

F4 Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F5 Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F6 Words in Sch. 5 Pt. II Section B3 inserted (20.3.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 (S.I. 2015/692) , arts. 2 , 4(2)

F7 Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764) , arts. 1(2) , 3(2)(a)

F8 Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764) , arts. 1(2) , 3(2)(b)

F9 Words in Sch. 5 Pt. II Section B3 inserted (9.10.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 (S.I. 2015/1764) , arts. 1(2) , 3(2)(c)

F10 Sch. 5 Pt. II Section B3: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 2

F11 Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F12 Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)