Part VI

Controls relating to third party national election campaigns
Chapter II

Financial controls

Code of practice relating to controlled expenditure

Code of Practice on controlled expenditure for Scottish Parliament elections: consultation and procedural requirements
100BA
1
The Commission must consult the following on a draft of a code under section 100AA(1)—
a
the Scottish Parliament,
b
such other persons as the Commission consider appropriate.
2
After the Commission have carried out the consultation required by subsection (1), the Commission must—
a
make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and
b
submit the draft to the Scottish Ministers for approval by them.
3
The Scottish Ministers may approve a draft code either without modifications or with such modifications as the Scottish Ministers may determine.
4
Once the Scottish Ministers have approved a draft code, 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 (3)
.
5
If the draft code incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.
6
If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to it.
7
Subsection
(6)
does not prevent a new draft code from being laid before the Scottish Parliament.
8
If no resolution of the kind mentioned in
subsection (6)
is made within the 40-day period—
a
the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament,
b
the code comes into force on the date appointed by the Scottish Ministers by order, and
c
the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.
9
References in this section (other than in
subsection (1)
) to a code or draft code include a revised code or draft revised code.
10
In this section “
the 40-day period
”, in relation to a draft code, 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.
Ss. 100A, 100B and cross-heading inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 29(1), 67(1); S.I. 2022/1226, reg. 2(c)
S. 100BA inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 25(3), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1