Part 3 – Miscellaneous and general
Section 14 – Election expenses etc.
34.Section 14 amends certain sections of the Political Parties, Elections and Referendums Act 2000 (c.41) to extend to local government elections sections 90A to 90D of the 1983 Act (meaning of “election expenses”) and section 118A of that Act (meaning of “candidate”). The new meanings already apply, by virtue of the 2000 Act, for Parliamentary elections.
35.Subsections (3) and (4) also repeal section 82(4) of the 1983 Act and, in so doing, remove the requirement for a declaration of election expenses to be made before a justice of the peace or the proper officer of a local authority.
Section 15 – Ancillary provision
36.This section gives Scottish Ministers a power to make orders containing such ancillary provision as they consider necessary or expedient for the purposes or in consequence of the Act.
Section 16 – Orders and regulations
37.Subsection (1) provides that powers to make orders or regulations under this Act shall be exercisable by statutory instrument. Subsection (4) provides that any statutory instrument containing an order or regulations made under the Act will be subject to negative resolution procedure with the exception of instruments containing an order made under section 17(2) (commencement) and those specified in subsection (5). Subsection (5) provides that statutory instruments containing the orders and regulations specified in that subsection will be subject to affirmative resolution procedure.
Parliamentary History
38.The following table sets out, for each Stage of the proceedings in the Scottish Parliament on the Bill for this Act, the dates on which the proceedings at that Stage took place, the references to the Official Report of those proceedings and the dates on which Committee Reports and other papers relating to the Bill were published, and references to those Reports and other papers.
| Proceedings and Reports | Reference |
|---|---|
| Introduction | |
| 21 November 2003 | SP Bill 14 (Session 2) |
| Stage 1 | |
| (a) Local Government and Transport Committee | |
| 10th meeting 2003 (Session 2) | 2 December 2003, col 273-378 & Minutes |
| 11th meeting 2003 (Session 2) | 9 December 2003, col 379-428 & Minutes |
| 12th meeting 2003 (Session 2) | 16 December 2003, col 431-484 & Minutes |
| 1st meeting 2004 (Session 2) | 6 January 2004, col 486-556 & Minutes |
| 2nd meeting 2004 (Session 2) | 13 January 2004, col 558-584 & Minutes |
| 4th meeting 2004 (Session 2) | 3 February 2004, col 624-662 & Minutes |
| 19 March 2nd Report 2004 (Session 2): Stage 1 Report on Local Governance (Scotland) Bill | SP Paper 110 Session 2 (2004) |
| (b) Subordinate Legislation Committee | |
| 2nd meeting 2004 (Session 2) | 13 January 2004, col 271-273 & Minutes |
| 3rd meeting 2004 (Session 2) | 20 January 2004, col 275-276 & Minutes |
| 4th meeting 2004 (Session 2) | 27 January 2004, col 283 & Minutes |
| (c) Finance Committee | |
| 18th meeting 2003 (Session 2) | 16 December 2003, col 733-758 & Minutes |
| 2nd meeting 2004 (Session 2) | 20 January 2004, col 849-866 & Minutes |
| (d) Equal Opportunities Committee | |
| 3rd meeting 2004 (Session 2) | 10 February 2004, col 273-315 & Minutes |
| (e) Consideration by Parliament | |
| 24 March 2004 | Col 6939-6993, col 6997, col 6999-7005 & Minutes |
| Stage 2 | |
| (a) Local Government and Transport Committee | |
| 12th meeting 2004 (Session 2) | 4 May 2004, col 834-878 & Minutes |
| 13th meeting 2004 (Session 2) | 11 May 2004, col 880-904 & Minutes |
| Bill (as amended at Stage 2) | SP Bill 14A Session 2 |
| (b) Subordinate Legislation Committee | |
| 21st meeting 2004 (Session 2) | 15 June 2004, col 509-519 & Minutes |
| 18 June 28th Report 2004 (Session 2): Report on the Local Governance (Scotland) Bill as amended at Stage 2 | SP Paper 186 Session 2 (2004) |
| (c) Equal Opportunities Committee | |
| 9th meeting 2004 (Session 2) | 4 May 2004, col 443-458 & Minutes |
| Stage 3 | |
| Consideration by Parliament | |
| 23 June 2004 | Col 9392-9463, col 9467-9471 & Minutes |
| Royal Assent – 29 July 2004 |
