Scottish Elections (Representation and Reform) Act 2025

Part 4 S Rescheduling of elections etc.

Scottish Parliament elections S

27 Power of Presiding Officer to postpone ordinary election S

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

(2) In section 2 (ordinary general elections)—

(a) in subsection (5)—

(i) in the opening words, for “one month earlier, nor more than one month” substitute “4 weeks earlier, nor more than 8 weeks”,

(ii) in paragraph (c), for “within the period of seven days beginning immediately” substitute “as soon as reasonably practicable after”.

(b) subsection (5ZZA) is repealed,

(c) after subsection (5ZA), insert—

“(5D) Subsection (5E) applies if a proclamation is made in accordance with subsection (5).

(5E) Subject to subsection (2A), if the Presiding Officer proposes another day for the holding of the poll which is not more than 8 weeks later than the day on which the poll is required to be held under the proclamation, His Majesty may by further proclamation under the Scottish Seal—

(a) require the poll at the election to be held on the day proposed, and

(b) require the Parliament to meet as soon as reasonably practicable after the day of the poll.

(5F) Before proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must consult—

(a) the Electoral Commission, and

(b) the convener of the Electoral Management Board for Scotland.

(5G) As soon as reasonably practicable after proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

(a) the day proposed for the holding of the poll, and

(b) the reasons for the making of the proposal.”.

Commencement Information

I1 S. 27 not in force at Royal Assent, see s. 73(2)

I2 S. 27 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

28 Power of Presiding Officer to schedule extraordinary general elections S

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

(2) In section 3 (extraordinary general elections)—

(a) after subsection (1), insert—

“(1A) But, despite subsection (1), the Presiding Officer may not propose a day for the holding of a poll if an event mentioned in paragraph (a) or (b) of that subsection occurs within the period of 8 weeks ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).”,

(b) in subsection (2B), for “one month” substitute “4 weeks”.

Commencement Information

I3 S. 28 not in force at Royal Assent, see s. 73(2)

I4 S. 28 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

29 Election of new Presiding Officer: extension of period S

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

(2) In section 19 (presiding officer), after paragraph (1A) insert—

“(1AA) But where a general election was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), subsection (1A) has effect as if for the words “within the period of 14 days beginning immediately” there were substituted “as soon as reasonably practicable”.”.

Commencement Information

I5 S. 29 not in force at Royal Assent, see s. 73(2)

I6 S. 29 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

30 Choice of new First Minister after changed election date S

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

(2) In section 46 (choice of the First Minister), for subsection (3), substitute—

“(3) The period allowed is—

(a) the period of 28 days which begins with the day on which the event in question occurs, but—

(i) if another of those events occurs within the period allowed, that period is extended (subject to sub-paragraph (ii)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and

(ii) the period ends if the Parliament passes a resolution under section 3(1)(a) or when His Majesty appoints a person as First Minister, but

(b) if the Parliament does not meet within the period of 7 days beginning immediately after the day of the poll at a general election that was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), the initial period of 28 days calculated under paragraph (a) is to be extended by disregarding any days in the period subsequent to that 7 day period and before the Parliament first meets.”.

Commencement Information

I7 S. 30 not in force at Royal Assent, see s. 73(2)

I8 S. 30 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

31 Rescheduling of by-elections S

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

(2) In section 9 (constituency vacancies), after subsection (4) insert—

“(4A) Subsection (4B) applies where—

(a) the Presiding Officer fixes a date under subsection (2), and

(b) the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4B) The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2).

(4C) Subsection (4D) applies where—

(a) the Presiding Officer fixes a date under subsection (2) or (4B), and

(b) the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4D) If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held.

(4E) Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult—

(a) the Electoral Commission,

(b) the convener of the Electoral Management Board for Scotland, and

(c) the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant.

(4F) As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

(a) either—

(i) the date fixed for the holding of the poll, or (as the case may be)

(ii) that an election is not to be held, and

(b) the reasons for the exercise of the power.”.

Commencement Information

I9 S. 31 not in force at Royal Assent, see s. 73(2)

I10 S. 31 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

Local government elections S

32 Power of convener of Electoral Management Board to postpone ordinary local election S

(1) The Representation of the People Act 1983 is modified as follows.

(2) In section 43 (day of ordinary elections in Scotland, and other timing provisions), in subsection (2)(b), for “section 45(1) below” insert “section 43A, 43B or 45(1)”.

(3) After section 43 insert—

“43A Power of convener of Electoral Management Board to postpone election

(1) Despite section 43(1), if the convener of the Electoral Management Board for Scotland considers it necessary or appropriate for any reason to do so, the convener may fix another day for the holding of the poll at the ordinary local election which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

(2) Before fixing a day under subsection (1), the convener must consult—

(a) the Electoral Commission,

(b) the Scottish Ministers, and

(c) the Secretary of State.

(3) As soon as reasonably practicable after fixing a day under subsection (1), the convener must publish, in such manner as the convener considers appropriate, a statement setting out—

(a) the day fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(4) Where a day for the holding of the poll at the ordinary local election is specified by order under section 43(1)(b), (1AB) or (1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order.

(5) In this section and section 43B, “ordinary local election” has the meaning given in section 43(1C).”.

Commencement Information

I11 S. 32 not in force at Royal Assent, see s. 73(2)

I12 S. 32 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

33 Power of returning officers to postpone election for their area S

(1) The Representation of the People Act 1983 is modified as follows.

(2) After section 43A (inserted by section 32) insert—

“43B Power of returning officers to postpone election for their area

(1) Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

(2) Before fixing a day under subsection (1), the returning officer must consult—

(a) the Secretary of State,

(b) the Electoral Commission, and

(c) the convener of the Electoral Management Board for Scotland.

(3) As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) the day fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(4) Where a day for the holding of the poll at the ordinary local election is—

(a) specified by order under section 43(1)(b), (1AB) or (1B), or

(b) fixed by the convener of the Electoral Management Board for Scotland under section 43A(1),

subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.”.

Commencement Information

I13 S. 33 not in force at Royal Assent, see s. 73(2)

I14 S. 33 in force at 1.10.2025 by S.S.I. 2025/106, reg. 2(1)(c), sch. Pt. 3

34 Power of returning officer to postpone or cancel by-election S

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

(2) After section 37 insert—

“37A Power of returning officer to postpone election for casual vacancy

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and

(c) the date fixed does not fall within the period of 6 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).

(3) Subsection (4) applies where—

(a) the returning officer fixes a date under subsection (2), and

(b) the date fixed does not fall within the period of 6 months before the relevant date.

(4) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).

(5) Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—

(a) the Electoral Commission, and

(b) the convener of the Electoral Management Board for Scotland.

(6) As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) the date fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(7) For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).

37B Further power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,

(c) the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and

(d) the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.

(3) Before fixing a date under subsection (2) the returning officer must consult—

(a) the Electoral Commission, and

(b) the convener of the Electoral Management Board for Scotland.

(4) As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) the date fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

37C Power of returning officer to cancel election for casual vacancy

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and

(c) the date fixed falls within the period of 6 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.

(3) Before determining that an election is not to be held under subsection (2), the returning officer must consult—

(a) the Electoral Commission, and

(b) the convener of the Electoral Management Board for Scotland.

(4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) that an election is not to be held, and

(b) the reasons for the exercise of the power.

(5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.”.

Commencement Information

I15 S. 34 not in force at Royal Assent, see s. 73(2)

I16 S. 34 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1