The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Articles 3 and 4 of this Order modify Schedules 4 and 5 to the Scotland Act 1998 (c. 46). Schedule 5 to that Act defines reserved matters (matters which are outside the legislative competence of the Scottish Parliament) for the purposes of that Act. Article 4 of the Order provides exceptions to the reservation of elections under Section B3 of Schedule 5 so that the reduction of the minimum voting age to 16 at elections to the Scottish Parliament and Scottish local government elections is not a reserved matter, and nor is the registration of electors, in order to give effect to provision reducing the minimum voting age. The use of the Individual Electoral Registration Digital Service to make an application for registration, or to verify information contained in an application, continues to be a reserved matter.

Schedule 4 to the Scotland Act 1998 prevents Acts of the Scottish Parliament from modifying various enactments, including the Scotland Act 1998 itself. An Act of the Scottish Parliament that reduced the minimum voting age to 16 at elections to the Scottish Parliament or local government elections and made related provision about the registration of electors might need to amend sections 11, 12 and 12A of the Scotland Act 1998, as these sections make provision about the franchise and conduct of elections to the Scottish Parliament. Minor additional changes might be needed to section 113 and Schedule 7 to the Scotland Act 1998. Article 3 of the Order therefore allows an Act of the Scottish Parliament to amend these provisions for the purpose of reducing the minimum voting age or making consequential provision, or for making related provision about registration of electors.

Article 5 of this Order provides for certain functions of a Minister of the Crown relating to the Individual Electoral Registration Digital Service, so far as they are exercisable in or as regards Scotland, to be exercisable by the Scottish Ministers concurrently with the Minister. The functions are exercisable by the Scottish Ministers only with the agreement of a Minister of the Crown and only in order to enable effect to be given to provision reducing the minimum voting age to 16 at elections to the Scottish Parliament or local government elections.

Article 6 modifies section 53(5) to (7) of the Representation of the People Act 1983 so that the requirements there (such as consultation) apply in relation to the exercise by the Scottish Ministers of the power in paragraph 1A of Schedule 2 to that Act.

Article 7 makes certain general modifications of enactments in connection with the transfer of functions made by article 5. Article 8 provides for the procedure in the Scottish Parliament applicable to regulations made by the Scottish Ministers by virtue of article 5. Article 9 allows any such regulations to make different provision for different cases etc. and to include supplementary etc. provision.