Part V Control of campaign expenditure

Preliminary

72AF1Campaign expenditure: power of Scottish Ministers

1

The powers under the following provisions of Schedule 8 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—

a

paragraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),

b

paragraph 3(7) (power to appoint day when code comes into force), and

c

paragraph 4(1) (power to amend Part 1 of Schedule 8).

2

For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8 apply—

a

as if any reference to the Secretary of State were a reference to the Scottish Ministers,

b

as if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,

c

as if in paragraph 3(9) for the words from “means—” to the end there were substituted “ means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament. ”

3

Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.