Scottish Elections (Representation and Reform) Act 2025

Electronic material to which the requirements apply

50 Electronic material: conditions for application of section 52

(1) Section 52 applies to electronic material which meets the following conditions.

(2) The first condition is that the electronic material can reasonably be regarded as intended to achieve either purpose mentioned in section 51 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well).

(3) The second condition is that the promoter of the material, or the person on behalf of whom it is published, is a relevant third party.

(4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

51 Purpose of the electronic material

(1) The first purpose is promoting or procuring electoral success at one or more relevant Scottish elections for—

(a) a registered party,

(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

(2) For the purposes of subsection (1)—

(a) the reference to electoral success at a relevant Scottish election is a reference—

(i) in relation to a registered party, to the return at the election of any candidate or future candidate who is standing, or is to stand, in the name of the party or is included, or is to be included, in a list of candidates submitted by the party in connection with the election, and

(ii) in relation to any candidate or future candidate, to their return at the election, and

(b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.

(3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (1), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

(4) The second purpose is promoting or procuring the election of a particular candidate, or a particular future candidate, at one or more relevant Scottish elections.

(5) For the purposes of determining whether electronic material—

(a) can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate, and

(b) is to be regarded as being published on behalf of a candidate or future candidate—

(i) is not to be so regarded merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but

(ii) may be regarded as being published on behalf of the party mentioned in subsection (6).

(6) This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—

(a) two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or

(b) two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.