Referendums (Scotland) Act 2020

3 Power to change date of referendum if UK election on same date

(1) The date of a referendum must not be the same as the date on which any other election or poll is scheduled to be held throughout Scotland.

(2) If the date of a referendum is the same as the date of a UK election, the Presiding Officer may appoint a later date on which the poll at that referendum is to be held.

(3) The date appointed under subsection (2) may not be more than 6 weeks later.

(4) The Presiding Officer may appoint a date under subsection (2) only if the Scottish Parliament is dissolved or in recess.

(5) Before appointing a date under subsection (2), the Presiding Officer must consult the Electoral Commission.

(6) The Presiding Officer must publish a statement of the date appointed under subsection (2).

(7) In this section—

• “date of a referendum” means the date on which the poll at a referendum is to be held in pursuance of provision made by or under an Act of the Scottish Parliament,

• “date of a UK election” means the date appointed as the polling day for an early parliamentary general election under section 2 of the Fixed-term Parliaments Act 2011.