Scottish Elections (Representation and Reform) Act 2025

1. Introduction

2. The Act: an Overview

3. Note on Interpretation

4. Crown Application

5. Commentary on Provisions

   1. Part 1: Candidacy rights etc. of foreign nationals

      1. Section 1 – Scottish Parliament elections

      2. Section 2 – Local government elections

   2. Part 2: Disqualification

      1. Disqualifications: MPs, members of the House of Lords and councillors

         1. Section 3 – Scottish Parliament: disqualification of MPs.

         2. Section 5 – Scottish Parliament: disqualification of councillors

      2. Disqualifications relating to sexual offences and notification requirements

         1. Section 6– Scottish Parliament: disqualification relating to sexual offences etc.

         2. Section 7– Local authorities: disqualifications relating to sexual offences etc.

      3. Scottish disqualification orders

         1. Section 8 – Scottish disqualification orders

         2. Schedule

         3. Section 9 – Returning officers

         4. Section 10 – Registration officers

         5. Section 11 – Counting officers

         6. Section 12 – Effect of order: Scottish Parliament

         7. Section 13 – Effect of order: local government

         8. Section 14 – Power to amend schedule

      4. Disqualification orders under Elections Act 2022

         1. Section 15– Disqualification from membership

         2. Section 16 – Local authorities: disqualifications for nomination, election and holding office

         3. Section 17– Disqualification orders: aggravation

      5. Temporary relief from disqualification

         1. Section 18 – Persons holding office: temporary relief from effect of disqualification

         2. Section 19– Transitional provision: disqualifications relating to sexual offences etc.

      6. Section 15 of the Scotland Act 1998

         1. Section 20– Ending Ambulatory effect of section 15 of the Scotland Act 1998

   3. Part 3: Campaign finance

      1. Expenditure in respect of Scottish Parliament elections

         1. Section 21 – Notional and third party expenditure: Scottish Parliament elections

         2. Section 22– Third parties capable of giving notification

         3. Section 23 – Restriction on which third parties may incur controlled expenditure

         4. Section 24– Transitional provision: offences relating to third party expenditure

         5. Section 25– Code of practice on controls relating to third parties

      2. Expenditure in respect of local government elections

         1. Section 26 – Notional expenditure: local government elections

   4. Part 4: Rescheduling of elections etc.

      1. Scottish Parliament elections

         1. Section 27 – Power of Presiding Officer to postpone ordinary election

         2. Section 28 – Power of Presiding Officer to schedule extraordinary general elections

         3. Section 29 – Election of new Presiding Officer: extension of period

         4. Section 30 – Choice of new First Minister after changed election date

         5. Section 31 – Rescheduling of by-elections

      2. Local government elections

         1. Section 32– Power of convener of Electoral Management Board to postpone ordinary local election

         2. Section 33 – Power of returning officers to postpone election for their area

         3. Section 34 – Power of returning officers to postpone or cancel by-election

   5. Part 5: Form of Ballot Papers

      1. Section 35 – Review of order of candidates on ballot papers used at elections

   6. Part 6: Home addresses of candidates and agents

      1. Section 36 – Nomination of candidate in local government elections: home address forms

      2. Section 37 – Election agent and sub-agent in Scottish Parliament elections: public notice of home address

      3. Section 38 – Election agent and sub-agent in local government elections: public notice of home address

   7. Part 7: Election pilots and democratic engagement

      1. Section 39 – Pilot schemes under the 2002 Act

      2. Section 40 – Registration of electors pilot provision: power to make temporary provision

      3. Section 41 – Proposals for registration of electors pilot provision

      4. Section 42 – Evaluation of registration of electors pilot provision by Electoral Commission

      5. Section 43 – Power to permanently modify provision about registration of electors

      6. Section 44 – Funding to increase democratic engagement

      7. Section 45 – Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004

      8. Section 46 – Access to elected office fund

   8. Part 8: Information to be included with certain electronic material at Scottish elections

      1. Introduction

         1. Section 47– Application of this Part

      2. Interpretation

         1. Section 48 – Key definitions

         2. Section 49 – Further definitions relating to candidates etc.

      3. Electronic material: conditions for application

         1. Section 50 – Electronic material: conditions for application of section 52

         2. Section 51 – Purpose of the electronic material

      4. Requirements when publishing electronic material

         1. Section 52 – Requirement to include information

         2. Section 53 – Exceptions to requirement in section 52

      5. Offences

         1. Section 54 – Offence of breaching section 52

         2. Section 55 – Individual culpability where organisation commits an offence

      6. Enforcement and investigation

         1. Section 56 – Enforcement by the Electoral Commission

         2. Section 57 – Supply of information

      7. Guidance and Electoral Commission Report

         1. Section 58 – Guidance

         2. Section 59 – Electoral Commission’s Annual Report

      8. Final provisions

         1. Section 60 – Scottish Ministers regulation making powers

         2. Section 61 – Consequential revocations

   9. Part 9: Boundaries

      1. Section 62 – Boundaries Scotland: changing date of next review of local government wards and number of councillors

      2. Section 63 – Boundaries Scotland: reports on Parliament boundaries before a general election

   10. Part 10: Electoral Commission

       1. Section 64 – education about electoral and democratic systems

       2. Section 65 – Electoral Commission’s annual reports: spoilt ballot papers

       3. Section 66 – Five-year plan: devolved Scottish elections and referendums

       4. Section 67– Reports on promotion of public awareness about elections

       5. Section 68– Electoral Commission strategy: spoilt ballot papers

   11. Part 11: Electoral Management Board for Scotland

       1. Section 69 – Constitution of the Electoral Management Board for Scotland

       2. Section 70 – Application of public bodies legislation to the Electoral Management Board for Scotland

       3. Section 71 – Transitional provision: membership of the Electoral Management Board for Scotland

   12. Part 12: General provision

       1. Section 72 – Ancillary provision

       2. Section 73 – Commencement

       3. Section 74– Short title

6. Parliamentary History