Scottish Elections (Representation and Reform) Act 2025

Scottish disqualification orders

8 Scottish disqualification orders

(1) This section applies where—

(a) a person (“the offender”) is convicted of an offence specified in the schedule,

(b) the offender was aged 18 or over when the offence was committed, and

(c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 9 to 11.

(2) The court must, when dealing with the offender for the offence, also make an order (a “Scottish disqualification order”) in respect of the offender which—

(a) is to have effect for the period of 5 years beginning with the date on which the order is made, and

(b) makes the person subject to the disqualifications in—

(i) section 15(1)(bb) of the Scotland Act 1998, and

(ii) section 31(1)(f) of the Local Government (Scotland) Act 1973.

(3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

(4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 9 to 11 if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections 9 to 11, or

(b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(6) For the purpose of deciding whether to make a Scottish disqualification order the court may consider evidence led by the prosecution and the defence.

(7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

(8) Where an offence specified in the schedule is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(9) Where this section applies, the court must—

(a) take the aggravation under subsection (1)(c) into account in determining the appropriate sentence, and

(b) state—

(i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii) otherwise, the reasons for there being no such difference.

(10) In this section, “presumed” means presumed by the offender.

9 Returning officers

(1) A person falls within this section if the person is—

(a) a returning officer, or

(b) a member of a returning officer’s staff.

(2) In this section—

• “a member of a returning officer’s staff” means a person who is employed by, or working under the direction of, a returning officer in a role the duties of which relate to the returning officer’s functions,

• “a returning officer” means an officer who is—

  (a)

  appointed under section 41(1) of the Representation of the People Act 1983 (returning officers: local elections in Scotland),

  (b)

  a constituency returning officer by virtue of an order under section 12(1) of the Scotland Act 1998,

  (c)

  an officer designated in accordance with an order under section 12(6) of that Act (a regional returning officer).

10 Registration officers

(1) A person falls within this section if the person is—

(a) a registration officer, or

(b) a member of a registration officer’s staff.

(2) In this section—

• “a member of a registration officer’s staff” means a person who is employed by, or working under the direction of, a registration officer in a role the duties of which relate to the registration officer’s functions,

• “a registration officer” means an officer who is appointed under section 8(3) of the Representation of the People Act 1983 (registration officers).

11 Counting officers

(1) A person falls within this section if the person is—

(a) a Chief Counting Officer,

(b) a deputy of the Chief Counting Officer

(c) a counting officer,

(d) a deputy of the counting officer,

(e) a member of the Chief Counting Officer’s staff,

(f) a member of a counting officer’s staff.

(2) In this section—

• “Chief Counting Officer” means the person appointed under section 7(1) or (6) Referendums (Scotland) Act 2020 (Chief Counting Officer),

• “counting officer” means a person appointed under section 8(1) or (5) of that Act (other counting officers),

• “deputy of the Chief Counting Officer” means a person appointed under section 7(7) of that Act,

• “deputy of the counting officer” means a person appointed under section 8(6) of that Act,

• “member of the Chief Counting Officer’s staff” means a member of staff appointed or provided under section 9(9) of that Act (functions of the Chief Counting Officer and other counting officers),

• “member of the counting officer’s staff” means a member of staff provided under section 9(10) of that Act.

12 Effect of order: Scottish Parliament

(1) The Scotland Act 1998 is modified as follows.

(2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (ba) (inserted by section 6) insert—

“(bb) the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,”.

13 Effect of order: local government

(1) The Local Government (Scotland) Act 1973 is modified as follows.

(2) In section 31(1) (disqualifications for nomination, election and holding office as member of local authority),

(a) the word “or” immediately following paragraph (b) is repealed,

(b) the word “or” immediately following paragraph (c) is repealed,

(c) after paragraph (e) (inserted by section 7), insert—

“(f) the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,”.

14 Power to amend the schedule

(1) The Scottish Ministers may by regulations modify the schedule so as to add or remove an offence.

(2) Regulations under this section are subject to the affirmative procedure.