Scottish Elections (Representation and Reform) Act 2025

43 Power to permanently modify provision about registration of electors

(1) The power in subsection (3) applies if—

(a) the Scottish Ministers consider, in the light of a report made under section 42 on the operation of registration of electors pilot provision, that it would be desirable to achieve the reform outcome described in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by a registration of electors pilot provision to apply generally, and on a permanent basis, in relation 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 all areas in Scotland.

(3) The Scottish Ministers may by regulations make provision for or in connection with the registration of persons in a register of local government electors to achieve the reform outcome.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must consult—

(a) the Electoral Management Board for Scotland, and

(b) such other persons as the Scottish Ministers consider appropriate.

(5) Subsections (4), (6) and (8) of section 40 apply to regulations made under subsection (3) as they apply to regulations made under subsection (2) of that section.

(6) When laying a draft of a Scottish statutory instrument containing regulations under subsection (3), the Scottish Ministers must also lay before the Scottish Parliament a copy of the report prepared by the Electoral Commission under section 42.

(7) Nothing in this section affects the other powers of the Scottish Ministers to make provision for or in connection with the registration of persons in a register of local government electors.

(8) Regulations under subsection (3) are subject to the affirmative procedure.