Scottish Elections (Representation and Reform) Act 2025

Scottish Parliament elections

27 Power of Presiding Officer to postpone ordinary election

(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(b) subsection (5ZZA) is repealed,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.”.

28 Power of Presiding Officer to schedule extraordinary general elections

(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”.

29 Election of new Presiding Officer: extension of period

(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”.”.

30 Choice of new First Minister after changed election date

(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.”.

31 Rescheduling of by-elections

(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.”.