Scottish Elections (Representation and Reform) Act 2025

1. Introductory Text

2. Part 1 Candidacy rights etc. of foreign nationals

   1. 1. Scottish Parliament elections

   2. 2. Local government elections

3. Part 2 Disqualification

   1. Disqualifications: MPs, members of the House of Lords and councillors

      1. 3. Scottish Parliament: disqualification of MPs

      2. 4. Scottish Parliament: disqualification of members of the House of Lords

      3. 5. Scottish Parliament: disqualification of councillors

   2. Disqualifications relating to sexual offences and notification requirements

      1. 6. Scottish Parliament: disqualification relating to sexual offences etc.

      2. 7. Local authorities: disqualifications relating to sexual offences etc.

   3. Scottish disqualification orders

      1. 8. Scottish disqualification orders

      2. 9. Returning officers

      3. 10. Registration officers

      4. 11. Counting officers

      5. 12. Effect of order: Scottish Parliament

      6. 13. Effect of order: local government

      7. 14. Power to amend the schedule

   4. Disqualification orders under Elections Act 2022

      1. 15. Scottish Parliament: disqualification from membership

      2. 16. Local authorities: disqualifications for nomination, election and holding office

      3. 17. Disqualification orders: aggravation

   5. Temporary relief from disqualification

      1. 18. Persons holding office: temporary relief from effect of disqualification

      2. 19. Transitional provision: disqualifications relating to sexual offences etc.

   6. Section 15 of the Scotland Act 1998

      1. 20. Ending ambulatory effect of section 15 of the Scotland Act 1998

4. Part 3 Campaign finance

   1. Expenditure in respect of Scottish Parliament elections

      1. 21. Notional and third party expenditure: Scottish Parliament elections

      2. 22. Third parties capable of giving notification

      3. 23. Restriction on which third parties may incur controlled expenditure

      4. 24. Transitional provision: offences relating to third party expenditure

      5. 25. Code of practice on controls relating to third parties

   2. Expenditure in respect of local government elections

      1. 26. Notional expenditure: local government elections

5. Part 4 Rescheduling of elections etc.

   1. Scottish Parliament elections

      1. 27. Power of Presiding Officer to postpone ordinary election

      2. 28. Power of Presiding Officer to schedule extraordinary general elections

      3. 29. Election of new Presiding Officer: extension of period

      4. 30. Choice of new First Minister after changed election date

      5. 31. Rescheduling of by-elections

   2. Local government elections

      1. 32. Power of convener of Electoral Management Board to postpone ordinary local election

      2. 33. Power of returning officers to postpone election for their area

      3. 34. Power of returning officer to postpone or cancel by-election

6. Part 5 Form of ballot papers

   1. 35. Review of order of candidates on ballot papers used at elections

7. Part 6 Home addresses of candidates and agents

   1. 36. Nomination of candidate in local government elections: home address form

   2. 37. Election agent and sub-agent in Scottish Parliament elections: public notice of home address

   3. 38. Election agent and sub-agent in local government elections: public notice of home address

8. Part 7 Election pilots and democratic engagement

   1. Pilots under Scottish Local Government (Elections) Act 2002

      1. 39. Pilot schemes under the Scottish Local Government (Elections) Act 2002

   2. Pilot for registration of electors

      1. 40. Registration of electors pilot provision: power to make temporary provision

      2. 41. Proposals for registration of electors pilot provision

      3. 42. Evaluation of registration of electors pilot provision by Electoral Commission

      4. 43. Power to permanently modify provision about registration of electors

   3. Funding and Accessibility

      1. 44. Funding to increase democratic engagement

      2. 45. Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004

      3. 46. Access to Elected Office Fund

9. Part 8 Information to be included with certain electronic material at Scottish elections

   1. Introduction

      1. 47. Application of this Part

   2. Interpretation

      1. 48. Key definitions

      2. 49. Further definitions relating to candidates, parties and elections

   3. Electronic material to which the requirements apply

      1. 50. Electronic material: conditions for application of section 52

      2. 51. Purpose of the electronic material

   4. Requirements when publishing electronic material

      1. 52. Requirement to include information

      2. 53. Exceptions to requirement in section 52

   5. Offences

      1. 54. Offence of breaching section 52

      2. 55. Individual culpability where organisation commits an offence

   6. Enforcement and investigation

      1. 56. Enforcement by the Electoral Commission

      2. 57. Supply of information

   7. Guidance and Electoral Commission Report

      1. 58. Guidance

      2. 59. Electoral Commission’s annual report

   8. Final provisions

      1. 60. Scottish Ministers regulation making powers

      2. 61. Consequential revocations

10. Part 9 Boundaries

    1. 62. Boundaries Scotland: changing date of next review of local government wards and number of councillors

    2. 63. Boundaries Scotland: reports on Parliament boundaries before a general election

11. Part 10 Electoral commission

    1. 64. Education about electoral and democratic systems

    2. 65. Electoral Commission’s annual report: spoilt ballot papers

    3. 66. Five-year plan: devolved Scottish elections and referendums

    4. 67. Reports on promotion of public awareness about elections

    5. 68. Electoral Commission strategy: spoilt ballot papers

12. Part 11 Electoral management board for Scotland

    1. 69. Constitution of the Electoral Management Board for Scotland

    2. 70. Application of public bodies legislation to the Electoral Management Board for Scotland

    3. 71. Transitional provision: membership of the Electoral Management Board for Scotland

13. Part 12 General provision

    1. 72. Ancillary provision

    2. 73. Commencement

    3. 74. Short title

14. 1. Schedule

       Offences for the purposes of Part 2

       1. Part 1 Solemn procedure

          1. 1. An offence tried on indictment.

       2. Part 2 Summary procedure

          1. Chapter 1 Common law offences

             1. 2. Kidnapping.

             2. 3. Abduction.

             3. 4. Assault to the danger of life.

             4. 5. Assault to severe injury.

             5. 6. Assault with intent to rape or ravish.

             6. 7. Assault other than a kind listed in paragraphs 4 to...

             7. 8. Breach of the peace.

             8. 9. Culpable homicide.

             9. 10. Culpable and reckless conduct.

             10. 11. Culpable and reckless endangering of the public.

             11. 12. Culpable and reckless fire-raising.

             12. 13. Drugging.

             13. 14. Extortion.

             14. 15. Malicious mischief.

             15. 16. Mobbing and rioting.

             16. 17. Uttering threats.

             17. 18. Wilful fire-raising.

          2. Chapter 2 Statutory offences

             1. 19. Explosive Substances Act 1883

             2. 20. Criminal Law Act 1977

             3. 21. Taking of Hostages Act 1982

             4. 22. Rent (Scotland) Act 1984

             5. 23. Public Order Act 1986

             6. 24. Criminal Justice Act 1988

             7. 25. Trade Union and Labour Relations (Consolidation) Act 1992

             8. 26. Criminal Law (Consolidation) (Scotland) Act 1995

             9. 27. Communications Act 2003

             10. 28. Sexual Offences (Scotland) Act 2009

             11. 29. Criminal Justice and Licensing (Scotland) Act 2010

             12. 30. Hate Crime and Public Order (Scotland) Act 2021

       3. Part 3 Other

          1. 31. Inchoate offences

          2. 32. An offence committed by attempting or conspiring to commit any...

          3. 33. Superseded offences