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Scottish Elections (Representation and Reform) Act 2025

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This is the original version (as it was originally enacted).

46Access to Elected Office Fund

This section has no associated Explanatory Notes

(1)The Scottish Ministers must maintain a fund—

(a)that is named the Access to Elected Office Fund,

(b)that provides financial support to disabled persons (within the meaning of section 6(2) of the Equality Act 2010) participating as candidates in—

(i)a Scottish Parliamentary general election,

(ii)an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or

(iii)a local government election (within the meaning of section 204(1) of the Representation of the People Act 1983).

(2)The Scottish Ministers may from time to time make payments into the Fund of such amounts as they may determine.

(3)The Scottish Ministers must make arrangements—

(a)about the procedure or rules for making payments out of the Fund to disabled persons who are candidates at an election mentioned in paragraphs (i) to (iii) of subsection (1)(b),

(b)designating a person to be responsible to administer the making of payments in accordance with that procedure or rules.

(4)The arrangements under subsection (3)(a) must include provision that payments are only to be made to candidates to the extent that they are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.

(5)The Scottish Ministers may only designate a person in accordance with subsection (3)(b) if a draft of the designation has been laid before, and approved by resolution of, the Scottish Parliament.

(6)The duties mentioned in subsections (1) and (3) may be fulfilled by the continuation of any existing fund which is established and maintained administratively by the Scottish Ministers, including continuing with the administrative arrangements for that fund and with the person responsible for administering that fund (without the need for designation under subsection (5)) .

(7)As soon as reasonably practicable after each ordinary general election for membership of the Parliament (see section 2 of the Scotland Act 1998) and each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983), the Scottish Ministers must—

(a)prepare a report on the operation of the Fund,

(b)publish the report in such manner as they consider appropriate.

(8)Nothing in this section affects any other power of the Scottish Ministers to make arrangements for or in connection with providing financial support to disabled persons participating as candidates at any election mentioned in paragraphs (i) to (iii) of subsection (1)(b).

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