The Representation of the People Act 1983 Remedial (Scotland) Order 2019

Order made by the Scottish Ministers, laid before the Scottish Parliament under section 14(2)(b) of the Convention Rights (Compliance) (Scotland) Act 2001 for approval by resolution of the Scottish Parliament within 120 days beginning with the date on which the Order was made, not taking into account periods of dissolution or recess for more than 4 days.

Scottish Statutory Instruments

2019 No. 261

Representation Of The People

The Representation of the People Act 1983 Remedial (Scotland) Order 2019

Made

at 11.15 a.m. on 1st August 2019

Laid before the Scottish Parliament

at 2.30 p.m. on 1st August 2019

Coming into force in accordance with article 1

The Scottish Ministers make the following remedial Order in exercise of the powers conferred by section 12(1) and (3) of the Convention Rights (Compliance) (Scotland) Act 2001(1) (“the 2001 Act”) and all other powers enabling them to do so.

The Scottish Ministers consider the provision made by this Order to be necessary or expedient in consequence of section 3 of the Representation of the People Act 1983(2) being incompatible with a Convention right(3).

In accordance with section 12(2) of the 2001 Act the Scottish Ministers are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.

In accordance with section 14(1) of the 2001 Act it appears to the Scottish Ministers that, for reasons of urgency, it is necessary to make a remedial order without following the procedure under section 13(2) to (4) of the 2001 Act.

(1)

2001 asp 7.

(2)

1983 c.2. Legislative competence for eligibility to vote in Scottish Parliament elections has been devolved to the Scottish Parliament by virtue of section 3 of the Scotland Act 2016 (c.11).

(3)

The term “Convention rights” has the meaning given by section 1 of the Human Rights Act 1998 (c.42). In the case of Hirst v United Kingdom (No. 2), Application no. 74025/01, 6 October 2005, the European Court of Human Rights concluded there had been a violation of Article 3 of Protocol 1 to the Convention by the United Kingdom in so far as section 3 of the 1983 Act imposes a blanket restriction on all convicted prisoners in prison.