Part 7

Election pilots and democratic engagement

Pilot for registration of electors

Registration of electors pilot provision: power to make temporary provision
40
1
This section applies where a proposal has been made in accordance with section 41.
2
The Scottish Ministers may by regulations make temporary provision about the registration of electors (“registration of electors pilot provision”).
3
A registration of electors pilot provision is a provision that—
a
relates to the registration of persons in a register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland,
b
has effect for a specified period,
c
applies in relation to a register of local government electors for a local government area or parts of local government areas, and
d
is either—
i
not in relevant Scottish elections legislation,
ii
different from provision in relevant Scottish elections legislation, or
iii
connected to provision of the kind specified in sub-paragraph (i) or (ii).
4
A registration of electors pilot provision—
a
may (in particular) include provision about—
i
the rights and duties of individuals as regards registration,
ii
the administration of registration and registers of local government electors,
iii
access to and publication of registers of local government electors,
iv
any other matter which relates to action to be taken, or procedure to be carried out, as regards registration,
b
may also include provision about the processing of information for and in connection with any matter as regards registration, which may (in particular)—
i
authorise or require a person or description of persons to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,
ii
authorise the Scottish Ministers (and any persons acting on their behalf) to provide information to such other persons or descriptions of persons, in such form and in such circumstances as may be specified,
c
may not include provision about a person’s entitlement to be registered in a register of local government electors for any local authority area.
5
Regulations under subsection (2) must specify the day before which the Electoral Commission must send its report under section 42.
6
Regulations under subsection (2) may—
a
make different provision for different purposes, areas, persons or categories of persons,
b
make consequential, supplementary, incidental, transitional or saving provision,
c
modify any enactment.
7
If the regulations under subsection (2) make provision modifying any enactment, the regulations must provide for the modifications to cease to have effect at the end of such period as is specified (and different periods may be specified in relation to different modifications).
8
In this section—
- “processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018,
- “relevant Scottish elections legislation” means an enactment that applies in relation to the registration of persons in a register of local government electors for the purpose of entitling that person to vote in—
  1. an election for membership of the Scottish Parliament,
  2. a local government election in Scotland,
- “specified” means specified in, or determined under, regulations under subsection (2).
9
Regulations under subsection (2) are subject to the negative procedure.
S. 40 not in force at Royal Assent, see s. 73(2)
S. 40 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1