Part 8

Information to be included with certain electronic material at Scottish elections

Interpretation

Key definitions
48
1
The following definitions have effect for the purposes of this Part—
- “electronic material” means material in electronic form which consists of or includes—
  1. text or moving or still images, or
  2. speech or music,
- “promoter”, in relation to electronic material, means the person causing the material to be published (but does not include any person who publishes the material as part of that person’s ordinary course of business),
- “published” means transmitted to the public at large, or any section of the public,
- “relevant third party” means any person who undertakes campaigning activities in relation to an election for a relevant Scottish elective office and who is not—
  1. an individual,
  2. a recognised third party, or
  3. a registered party.
2
In subsection (1) “electronic material” does not include material to the extent that it is received by a person in the form of—
a
a telephone call made to the person at a telephone number allocated to them in accordance with a national or international numbering plan, or
b
a short message service text message sent to such a telephone number.
3
The Scottish Ministers may by regulations amend this section so as to modify the definition of “electronic material”, “promoter” or “published”, or “relevant third party” that for the time being has effect for the purposes of this Part.

Further definitions relating to candidates, parties and elections
49
The following definitions have effect for the purposes of this Part—
- “candidate” means a candidate at an election for a relevant Scottish elective office, including a person who is included in a list of candidates submitted in connection with such an election,
- “future candidate” means a person who, in relation to an election for a relevant Scottish elective office, has been declared, whether by the person or by others, to be a candidate at the election, where—
  1. the election is the next scheduled election for the office,
  2. the notice of the election has not been published, and
  3. that declaration has not been withdrawn,
- “recognised third party” has the meaning given in section 85(5) of the Political Parties, Elections and Referendums Act 2000,
- “registered party” has the same meaning as in the Political Parties, Elections and Referendums Act 2000 (see section 160(1) of that Act),
- “relevant Scottish election” means—
  1. an election to the Scottish Parliament, or
  2. a local government election within the meaning of section 204 of the Representation of the People Act 1983,
- “relevant Scottish elective office” means the office of—
  1. member of the Scottish Parliament, or
  2. member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
S. 48 not in force at Royal Assent, see s. 73(2)
S. 49 not in force at Royal Assent, see s. 73(2)
S. 48 in force at 17.11.2025 by S.S.I. 2025/260, reg. 3, sch. Pt. 1
S. 49 in force at 17.11.2025 by S.S.I. 2025/260, reg. 3, sch. Pt. 1