Explanatory Notes

Scottish Independence Referendum (Franchise) Act 2013

2013 asp 13

7 August 2013

Background to the Act

General

Further provision about entitlement to vote, etc.

21.Section 11 gives the Scottish Ministers the power to make by order supplementary, incidental or consequential provision for the purposes of, in consequence of, or for giving full effect to, any provision of the Act. Such an order can modify any enactment (including the Act as enacted) and can apply any enactment for these purposes, with or without modifications. An order can include supplementary, incidental, consequential, transitory or transitional provision or savings. Any such order is subject to affirmative procedure in the Scottish Parliament.

Interpretation

22.Section 12 provides definitions for several phrases used in the Act. These are mainly the same as the meanings these phrases have in the 1983 Act. The section provides that where a provision of the 1983 Act is applied for the purposes of this Act, it is to be interpreted taking into account any modifications that are made in schedule 1 to the Act.

Commencement

23.Section 13 provides that the Act is to come into force on the day after it receives Royal Assent (i.e on [date]), but it prevents any application for registration in the RYV being made earlier than 1 October 2013. This is intended to allow time for preparatory arrangements to be made to set up the RYV and the canvass exercise that will be required to collect details of eligible young voters. All young voters will be at least 15 at the time their details are captured.

Repeal

24.Section 14 provides for the Act as enacted to cease to have effect on 1 January 2015. This ensures that from that date the duty imposed on EROs to prepare and maintain the RYV will cease.