Referendums (Scotland) Act 2020

Power to modify this Act S

37 Power to modify this Act S

(1) The Scottish Ministers may by regulations make such modifications of this Act as they consider necessary or expedient—

(a) in consequence of or in connection with any modification of any other enactment relating to—

(i) the conduct of referendums or campaigning in any referendum,

(ii) the conduct of elections or campaigning in elections,

(iii) entitlement to vote at any referendum or any election,

(b) to give effect to recommendations of the Electoral Commission.

(2) Regulations under subsection (1) may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) The Scottish Ministers must consult the Electoral Commission and such other persons as they consider appropriate before laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament for approval.

(5) When laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a document giving details of—

(a) the consultation carried out under subsection (4),

(b) any representations received as a result of the consultation, and

(c) the changes (if any) made to the proposed draft regulations as a result of those representations.

38 Power to vary specified sums S

(1) The Scottish Ministers may by regulations vary any sum for the time being specified in this Act.

(2) The Scottish Ministers may make regulations under subsection (1)—

(a) where they consider it expedient to do so in consequence of changes in the value of money, or

(b) in order to give effect to a recommendation of the Electoral Commission.

(3) Regulations under subsection (1) are—

(a) where subsection (2)(a) applies, subject to the negative procedure,

(b) where subsection (2)(b) applies, subject to the affirmative procedure.

(4) This section does not affect the generality of the power conferred by section 37(1).