Scottish Elections (Representation and Reform) Act 2025

Guidance and Electoral Commission Report

58 Guidance

(1) The Electoral Commission must prepare guidance about—

(a) the operation of this Part, and

(b) the exercise of functions by the Electoral Commission in relation to a breach or suspected breach of this Part.

(2) The Electoral Commission must have regard to guidance issued under this section in exercising those functions.

(3) Once the Electoral Commission has prepared draft guidance under this section, it must submit it to the Scottish Ministers for approval by the Scottish Ministers.

(4) The Scottish Ministers may approve draft guidance either without modifications or with such modifications as the Scottish Ministers may determine.

(5) Once the Scottish Ministers have approved draft guidance, they must lay a copy of the draft before the Scottish Parliament, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (4).

(6) If the draft guidance incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.

(7) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft guidance, the Scottish Ministers must take no further steps in relation to it.

(8) Subsection (7) does not prevent new draft guidance from being laid before the Scottish Parliament.

(9) If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

(a) the Scottish Ministers must issue the guidance in the form of the draft laid before the Scottish Parliament,

(b) the guidance comes into force on the date appointed by the Scottish Ministers by regulations, and

(c) the Electoral Commission must arrange for the guidance to be published in such manner as the Electoral Commission consider appropriate.

(10) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

(11) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament, no account being taken of any period during which the Scottish Parliament is dissolved or is in recess for more than four days.

59 Electoral Commission’s annual report

(1) Each report by the Electoral Commission under paragraph 20A of schedule 1 of the Political Parties, Elections and Referendums Act 2000 must contain information about—

(a) the convictions notified to the Electoral Commission under section 54(7) during the year in question, and

(b) the use made by the Electoral Commission of its powers under section 57(1) during that year.

(2) The report must, in particular, specify—

(a) the cases in which a notice was given under paragraph 1 of Schedule 12 of the Elections Act 2022 (as applied by section 57),

(b) the cases in which an order under paragraph 2 or 3 of that schedule was applied for or made.

(3) This section does not require the Electoral Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.