Part I The Scottish Parliament

Franchise and conduct of elections

12AF1Power of the Secretary of State to make provision about elections

1

The Secretary of State may by regulations make provision—

a

about the registration of electors,

b

for modifying the application of section 7(1) where the poll at an election for the return of a constituency member is abandoned (or notice of it is countermanded),

c

for modifying section 8(7) to ensure the allocation of the correct number of seats for the region, and

d

as to the return of members of the Parliament otherwise than at an election.

2

The provision that may be made under subsection (1)(a) includes—

a

provision for disregarding alterations in a register of electors, and

b

other provision about, or for purposes connected with, the content of a register or the effect of registration,

but subject to that it does not include provision about supplying or otherwise dealing with a register.

3

The provision that may be made under subsection (1)(d) includes, in particular, provision modifying section 10(4) and (5).

4

Regulations under subsection (1) may—

a

apply, with or without modifications or exceptions, any provision made by or under the Representation of the People Acts or the European Parliamentary Elections Act 2002 or by any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections, and

b

so far as may be necessary in consequence of any provision made by this Act or regulations under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors.

5

Before making regulations under this section the Secretary of State must consult the Scottish Ministers.