Scottish Elections (Representation and Reform) Act 2025

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

Prospective

Introduction S

47 Application of this Part S

(1) This Part applies in relation to electronic material published in connection with a relevant Scottish election which meets the conditions of this Part.

(2) This Part applies in addition to the requirements in relation to electronic material which are set out in Part 6 of the Elections Act 2022 (information to be included with electronic material) or which are set out in any other enactment.

Commencement Information

I1 S. 47 not in force at Royal Assent, see s. 73(2)

Prospective

Interpretation S

48 Key definitions S

(1) The following definitions have effect for the purposes of this Part—

• “electronic material” means material in electronic form which consists of or includes—

  (a)

  text or moving or still images, or

  (b)

  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—

  (a)

  an individual,

  (b)

  a recognised third party, or

  (c)

  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.

Commencement Information

I2 S. 48 not in force at Royal Assent, see s. 73(2)

49 Further definitions relating to candidates, parties and elections S

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—

  (a)

  the election is the next scheduled election for the office,

  (b)

  the notice of the election has not been published, and

  (c)

  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—

  (a)

  an election to the Scottish Parliament, or

  (b)

  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—

  (a)

  member of the Scottish Parliament, or

  (b)

  member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Commencement Information

I3 S. 49 not in force at Royal Assent, see s. 73(2)

Prospective

Electronic material to which the requirements apply S

50 Electronic material: conditions for application of section 52 S

(1) Section 52 applies to electronic material which meets the following conditions.

(2) The first condition is that the electronic material can reasonably be regarded as intended to achieve either purpose mentioned in section 51 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well).

(3) The second condition is that the promoter of the material, or the person on behalf of whom it is published, is a relevant third party.

(4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

Commencement Information

I4 S. 50 not in force at Royal Assent, see s. 73(2)

51 Purpose of the electronic material S

(1) The first purpose is promoting or procuring electoral success at one or more relevant Scottish elections for—

(a) a registered party,

(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

(2) For the purposes of subsection (1)—

(a) the reference to electoral success at a relevant Scottish election is a reference—

(i) in relation to a registered party, to the return at the election of any candidate or future candidate who is standing, or is to stand, in the name of the party or is included, or is to be included, in a list of candidates submitted by the party in connection with the election, and

(ii) in relation to any candidate or future candidate, to their return at the election, and

(b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.

(3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (1), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

(4) The second purpose is promoting or procuring the election of a particular candidate, or a particular future candidate, at one or more relevant Scottish elections.

(5) For the purposes of determining whether electronic material—

(a) can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate, and

(b) is to be regarded as being published on behalf of a candidate or future candidate—

(i) is not to be so regarded merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but

(ii) may be regarded as being published on behalf of the party mentioned in subsection (6).

(6) This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—

(a) two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or

(b) two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.

Commencement Information

I5 S. 51 not in force at Royal Assent, see s. 73(2)

Prospective

Requirements when publishing electronic material S

52 Requirement to include information S

(1) Electronic material to which this section applies must not be published unless, in accordance with this section—

(a) the information mentioned in subsection (2) is included as part of the electronic material, or

(b) if it is not reasonably practicable to comply with paragraph (a), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.

(2) That information is—

(a) the name and address of the relevant third party who is the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(3) The Scottish Ministers may by regulations amend subsection (2) so as to—

(a) add a description of information, or

(b) modify or remove a description of information that is for the time being specified in that subsection.

(4) Information is included as part of electronic material for the purposes of subsection (1)(a) only if—

(a) where the material consists of or includes text or moving or still images, it is displayed in text form as part of that material,

(b) where the material consists only of speech or music, it forms an audible part of that material.

(5) Information that is included as part of electronic material—

(a) must be legible or audible (as the case may be) regardless of the device used to access the material, and

(b) must be such that, if the electronic material were to be republished by a person who did not alter the material, the information would be retained as part of the material when republished.

(6) Information that is directly accessible from electronic material—

(a) must be legible regardless of the device used to access the information, and

(b) must be such that, if the electronic material were to be republished by a person who did not alter the material, access to the information would be retained as part of the material when republished.

Commencement Information

I6 S. 52 not in force at Royal Assent, see s. 73(2)

53 Exceptions to requirement in section 52 S

(1) Section 52 does not apply to the republication of electronic material if—

(a) when it was previously published—

(i) section 52 applied to it, and

(ii) it was published in compliance with that section, and

(b) it is not materially altered when it is republished.

(2) In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

(a) the information within section 52(2), or

(b) the access to such information,

as a result of which its previous publication complied with section 52.

(3) Section 52 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application.

(4) In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

(5) The Scottish Ministers may by regulations amend this section so as to add, modify or remove cases to which section 52 does not apply.

Commencement Information

I7 S. 53 not in force at Royal Assent, see s. 73(2)

Prospective

Offences S

54 Offence of breaching section 52 S

(1) Where any electronic material to which section 52 applies is published in contravention of that section, the following persons commit an offence—

(a) the relevant third party who is the promoter of the material, and

(b) any person on behalf of whom the material is being published (and who is not the promoter).

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) It is a defence for a person charged with an offence under subsection (1) to prove—

(a) that the contravention arose from circumstances beyond the person’s control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

(4) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance issued under section 58.

(5) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—

(a) the electronic material had previously been published,

(b) the person reasonably believed that when it was previously published—

(i) section 52 applied to it, and

(ii) it was published in compliance with that section, and

(c) it was not materially altered when it was republished.

(6) In subsection (5)(c), the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

(a) the information within section 52(3), or

(b) the access to such information,

as a result of which the person reasonably believed its previous publication complied with section 52.

(7) The court by or before which a person is convicted of an offence under subsection (1) must notify the Electoral Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

Commencement Information

I8 S. 54 not in force at Royal Assent, see s. 73(2)

55 Individual culpability where organisation commits an offence S

(1) This section applies where—

(a) an offence under section 54(1) is committed by a relevant organisation, and

(b) the commission of the offence—

(i) involves consent or connivance on the part of a responsible individual, or

(ii) is attributable to neglect on the part of a responsible individual.

(2) The responsible individual (as well as the relevant organisation) commits the offence.

(3) For the purposes of this section—

• “relevant organisation” means an organisation listed in the first column of the table in subsection (4),

• “responsible individual” means, in relation to a relevant organisation—

  (a)

  an individual falling within the corresponding entry in the second column of the table in subsection (4), or

  (b)

  an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4) The table is as follows—

Organisation	Individual
Company as mentioned in section 1 of the Companies Act 2006	Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member
Limited liability partnership	Member
Other partnership	Partner
Any other body or association	Individual who is concerned in the management or control of its affairs

Commencement Information

I9 S. 55 not in force at Royal Assent, see s. 73(2)

Prospective

Enforcement and investigation S

56 Enforcement by the Electoral Commission S

(1) Parts 1 to 4 and 6 of Schedule 19C of the Political Parties, Elections and Referendums Act 2000 (civil sanctions) and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) apply (subject to the following provisions of this section) in relation to an offence to which this section applies as they apply in relation to a prescribed offence under that Act.

(2) This section applies to an offence under section 54(1) which relates to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within section 51(1).

(3) In the application of paragraph 23 of schedule 19C of the Political Parties, Elections and Referendums Act 2000 (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to schedule 19B of that Act is to be read as including a reference to schedule 12 of the Elections Act 2022 (as applied by section 57(1)).

(4) In the application of paragraph 13(1)(a) of Schedule 1 of the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) by virtue of this section, the reference to the Political Parties, Elections and Referendums Act 2000 and that Order is to be read as a reference to that Act and that Order as they are applied by this section.

Commencement Information

I10 S. 56 not in force at Royal Assent, see s. 73(2)

57 Supply of information S

(1) Schedule 12 of the Elections Act 2022 (supply of information etc.) applies (subject to the following provisions of this section) in relation to an offence under section 54 as it applies in relation to an offence under Part 6 of that Act.

(2) In the application of Schedule 12 of the Elections Act 2022 by virtue of this section, the references in paragraphs 1(1)(b)(i), 1(2)(b) and 3(2)(b) to section 41 of that Act are to be read as including references to section 52 of this Act.

(3) Paragraphs 3 to 13 and 15 of schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of the Electoral Commission) apply in relation to an offence mentioned in section 56(2) as they apply in relation to an offence under that Act.

Commencement Information

I11 S. 57 not in force at Royal Assent, see s. 73(2)

Guidance and Electoral Commission Report S

58 Guidance S

(1) The Electoral Commission must prepare guidance about—

(a) the operation of this Part, and

(b) the exercise of functions by the Electoral Commission in relation to a breach or suspected breach of this Part.

(2) The Electoral Commission must have regard to guidance issued under this section in exercising those functions.

(3) Once the Electoral Commission has prepared draft guidance under this section, it must submit it to the Scottish Ministers for approval by the Scottish Ministers.

(4) The Scottish Ministers may approve draft guidance either without modifications or with such modifications as the Scottish Ministers may determine.

(5) Once the Scottish Ministers have approved draft guidance, they must lay a copy of the draft before the Scottish Parliament, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (4).

(6) If the draft guidance incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.

(7) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft guidance, the Scottish Ministers must take no further steps in relation to it.

(8) Subsection (7) does not prevent new draft guidance from being laid before the Scottish Parliament.

(9) If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

(a) the Scottish Ministers must issue the guidance in the form of the draft laid before the Scottish Parliament,

(b) the guidance comes into force on the date appointed by the Scottish Ministers by regulations, and

(c) the Electoral Commission must arrange for the guidance to be published in such manner as the Electoral Commission consider appropriate.

(10) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

(11) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament, no account being taken of any period during which the Scottish Parliament is dissolved or is in recess for more than four days.

Commencement Information

I12 S. 58 not in force at Royal Assent, see s. 73(2)

I13 S. 58 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

Prospective

59 Electoral Commission’s annual report S

(1) Each report by the Electoral Commission under paragraph 20A of schedule 1 of the Political Parties, Elections and Referendums Act 2000 must contain information about—

(a) the convictions notified to the Electoral Commission under section 54(7) during the year in question, and

(b) the use made by the Electoral Commission of its powers under section 57(1) during that year.

(2) The report must, in particular, specify—

(a) the cases in which a notice was given under paragraph 1 of Schedule 12 of the Elections Act 2022 (as applied by section 57),

(b) the cases in which an order under paragraph 2 or 3 of that schedule was applied for or made.

(3) This section does not require the Electoral Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

Commencement Information

I14 S. 59 not in force at Royal Assent, see s. 73(2)

Final provisions S

60 Scottish Ministers regulation making powers S

(1) The Scottish Ministers may make regulations under this Part only—

(a) if the regulations give effect to a recommendation of the Electoral Commission, or

(b) after consultation with the Electoral Commission.

(2) Regulations under this Part may make consequential, incidental, supplementary, transitional, transitory or saving provision.

(3) Regulations under this Part are subject to the affirmative procedure.

(4) But this section does not apply to regulations under section 58(9)(b).

Commencement Information

I15 S. 60 not in force at Royal Assent, see s. 73(2)

I16 S. 60 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

61 Consequential revocations S

(1) The Scottish Elections (Details to appear on Election Material) Regulations 2020 (S.S.I. 2020/297) are revoked.

(2) The Scottish Elections (Details to appear on Election Publications) Regulations 2020 (S.S.I. 2020/298) are revoked.

Commencement Information

I17 S. 61 not in force at Royal Assent, see s. 73(2)

I18 S. 61 in force at 14.4.2025 by S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1