Scottish Elections (Reform) Act 2020

PART 1 — General reforms

Term lengths

Dates of general elections to the Scottish Parliament

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• (1) In the Scotland Act 1998—

• (a) in section 2 (ordinary general elections)—

• (i) subsection (1) is repealed,

• (ii) in subsection (2), for the words from the beginning to “fourth” substitute “ The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth ”,

• (b) in the table in paragraph 1(2) of schedule 7 (procedure for subordinate legislation), the entry relating to section 2(1) is repealed.

• (2) Section 1 of the Scottish Elections (Dates) Act 2016 (date of general election for Scottish Parliament) is repealed.

Boundaries Scotland

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• (1) In section 5 of the Local Government etc. (Scotland) Act 1994 (elections and term of office of councillors)—

• (a) subsections (1A) and (1B) are repealed,

• (b) in subsection (1C), for “fourth” substitute “ fifth ”.

• (2) In section 43 of the Representation of the People Act 1983 (day of ordinary local elections in Scotland etc.), in subsection (1C) for “5(1A) or (1B)” substitute “ 5(1C) ”.

Scottish Parliament elections

Postponement of general elections to the Scottish Parliament

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• (1) The Scotland Act 1998 is amended as follows.

• (2) In section 2 (ordinary general elections)—

• (a) in subsection (5)(a), after “Parliament” insert “ (unless the Parliament is already dissolved) ”,

• (b) after subsection (5) insert—

(5ZZA) Before proposing a day for the holding of the poll under subsection (5), the Presiding Officer must consult the Electoral Commission.

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• (3) In section 3 (extraordinary general elections), after subsection (2) insert—

(2A) Subsection (2B) applies if a proclamation is made under subsection (2). (2B) If the Presiding Officer proposes another day for the holding of the poll at the extraordinary general election which is not more than one month later than the day on which the poll is required to be held under the proclamation, Her Majesty may by further proclamation under the Scottish Seal— (a) require the poll at the election to be held instead on the day proposed under this subsection, and (b) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll. (2C) Before proposing a day for the holding of the poll under subsection (2B), the Presiding Officer must consult the Electoral Commission.”.

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Scottish local government elections

Electoral wards: number of councillors

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• (1) Section 1 of the Local Governance (Scotland) Act 2004 (electoral wards) is amended as follows.

• (2) In subsection (2)—

• (a) for “either three or four” substitute “ two, three, four or five ”,

• (b) the words “(order giving effect to proposals made by Boundary Commission)” are repealed,

• (c) after “(“the 1973 Act”)” insert “ (regulations giving effect to proposals made by Boundaries Scotland after, in particular, complying with the duty in section 28(2), and schedule 6, of the 1973 Act) ”.

• (3) In subsection (2A), for “either one or two” substitute “ one ”.

Electors: prohibition on voting more than once

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• (1) The Representation of the People Act 1983 is amended as follows.

• (2) In section 2(2) (prohibitions on voting more than once)—

• (a) the word “or” following paragraph (a) is repealed,

• (b) at the end of paragraph (b) insert

, or (c) in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day.

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• (3) In section 61 (voting offences)—

• (a) after subsection (2)(a) insert—

(ab) the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or (ac) the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when— (i) there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and (ii) the polls for more than one local government election are held on the same day, or

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• (b) after subsection (3)(a) insert—

(ab) the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

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Electronic voting

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• (1) The Local Governance (Scotland) Act 2004 is amended in accordance with subsections (2) and (3).

• (2) In section 2 (single transferable vote)—

• (a) the existing text becomes subsection (1),

• (b) in that subsection, for “marking on the ballot paper” substitute “ specifying ”,

• (c) after that subsection insert—

(2) A preference is specified in accordance with subsection (1) by the person— (a) marking the preference on the ballot paper, or (b) communicating the preference by such electronic means as may be permitted by or under this Act or any other enactment.

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• (3) In section 3 (power to make further provision about local government elections), after subsection (2A) insert—

(2B) The references to “ballot papers” and “transferred ballot paper” in subsection (2) are to be read as including any paper or electronic form used to record a vote communicated by electronic means.

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Evaluation of pilot schemes

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In section 5 of the Scottish Local Government (Elections) Act 2002 (pilot schemes for local elections)—

• (a) in subsection (8), for “local authority” substitute “ Electoral Commission ”,

• (b) in subsection (10)—

• (i) in the opening words, for “local authority” substitute “ Electoral Commission ”,

• (ii) after paragraph (a) insert—

(aa) the arrangements made under the scheme assisted disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the elections,

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• (c) after subsection (11) insert—

(11A) In preparing the report, the Electoral Commission may consult such persons as they think appropriate.

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• (d) for subsection (12) substitute—

(12) The Electoral Commission must— (a) send a copy of the report to— (i) the Scottish Ministers, and (ii) the local authority which proposed the scheme, and (b) publish the report in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections to which the report relates.

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Registration of attainers

Entitlement to register as an elector before attaining voting age

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• (1) Section 4 of the Representation of the People Act 1983 (entitlement to be registered as parliamentary or local government elector) is amended in accordance with subsections (2) and (3).

• (2) In subsection (5), after “electors”, in the second place where it occurs, insert “ , other than a register of local government electors in Scotland (see subsection (5B)), ”.

• (3) After subsection (5A) insert—

(5B) A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but— (a) the person's entry in the register must give the date on which the person will attain voting age, and (b) until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date. (5C) If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2.

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• (4) Regulation 44 of the Representation of the People (Scotland) Regulations 2001 (S.S.I. 2001/497) is amended as follows—

• (a) in paragraph (2)(d), after “section 4(5)” insert “ or (5B) ”,

• (b) in paragraph (4)(ii), after “section 4(5)” insert “ or (5B) ”.

PART 2 — Electoral Commission

Codes of practice

Expenditure of candidates at Scottish parliamentary elections

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In the Political Parties, Elections and Referendums Act 2000, after section 6G insert—

(6H) (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to— (a) the matters which are, or are not, to be regarded as election expenses, (b) the cases or circumstances in which expenses are, or are not, to be regarded as incurred, for the purposes of any order under section 12(1) of the Scotland Act 1998 in so far as regulating the incurring of expenses for the purposes of a candidate's election at a Scottish Parliamentary general election or an election under section 9 of the Scotland Act 1998 (constituency vacancies). (2) Once the Commission have prepared a draft code under this section, the Commission must submit it to the Scottish Ministers for their approval. (3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— (a) in its original form, or (b) in a form which incorporates any modifications determined under subsection (3). (5) If the draft incorporates any modifications determined under subsection (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making the modifications. (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 the draft code. (7) If no such resolution 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, and (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate. (8) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament. (9) In this section, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). (10) In this section, references to a draft code include references to a draft revised code.

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Expenditure of candidates at Scottish local government elections

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In schedule 4B of the Representation of the People Act 1983 (Scottish local government elections: election expenses) (as inserted by section 17(4) of the Local Electoral Administration and Registration Services (Scotland) Act 2006), after paragraph 12 insert—

(12A) (1) The Commission may prepare, and from time to time revise, a code of practice giving— (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this schedule, (b) guidance (supplementing the definition in section 90ZB) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election. (2) Once the Commission have prepared a draft code under this paragraph, the Commission must submit it to the Scottish Ministers for their approval. (3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— (a) in its original form, or (b) in a form which incorporates any modifications determined under sub-paragraph (3). (5) If the draft incorporates any modifications determined under sub-paragraph (3), 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 the draft code. (7) If no such resolution 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, and (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate. (8) Sub-paragraph (6) does not prevent a new draft code from being laid before the Scottish Parliament. (9) In this paragraph, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). (10) In this Part, references to a draft code include references to a draft revised code.

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Attendance of observers at Scottish parliamentary elections

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• (1) The Political Parties, Elections and Referendums Act 2000 is amended in accordance with subsections (2) to (5).

• (2) In section 6G (code of practice on attendance of observers at local government elections in Scotland)—

• (a) in subsection (1), after “at” insert “ Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and ”,

• (b) the title of the section becomes “ Code of practice on attendance of observers at Scottish Parliamentary elections and local government elections in Scotland ”.

• (3) In section 6C(3) (accredited observers: individuals), after “to” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or ”.

• (4) In section 6D(4) (accredited observers: organisations), after “to” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or ”.

• (5) In section 6F(1) (code of practice on attendance of observers at elections etc.), after “than” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and ”.

• (6) In section 24 of the Referendums (Scotland) Act 2020 (code of practice on attendance of observers)—

• (a) after “at”, in the first place where it occurs, insert “ Scottish parliamentary elections and ”,

• (b) after “to”, in the second place where it occurs, insert “ Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and ”.

Controlled expenditure of third parties at Scottish local government elections

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In section 85A(1) of the Political Parties, Elections and Referendums Act 2000 (controlled expenditure of third parties: power of Scottish Ministers), after “Parliament” insert “ and local government elections in Scotland ”.

Reporting and standards

Reviews of electoral and political matters

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• (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

• (2) In section 6 (reviews of electoral and political matters)—

• (a) subsection (1)(d) is repealed,

• (b) in subsection (6)(a)—

• (i) the word “and” following sub-paragraph (ii) is repealed,

• (ii) in sub-paragraph (iii), after “and” following that sub-paragraph insert—

(iv) local government elections in Scotland; and

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• (c) after subsection (6) insert—

(6A) This section is subject to section 6ZA.

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• (3) After section 6 insert—

(6ZA) (1) Where a report under subsection (1) of section 6 relates to Scottish Parliamentary general elections or local government elections in Scotland, the Commission must submit the report to— (a) the Scottish Ministers in so far as the report relates to— (i) a matter mentioned in paragraph (a) of that subsection, or (ii) the law relating to such a matter, (b) the Secretary of State in so far as the report relates to— (i) a matter mentioned in paragraph (b), (c), (e) or (f) of that subsection, or (ii) the law relating to such a matter. (2) At the request of the Scottish Ministers, and within such time as the Scottish Ministers may specify, the Commission must— (a) review, and (b) submit a report to the Scottish Ministers on, such matter as the Scottish Ministers may specify in so far as it relates to any elections mentioned in subsection (3) and does not relate to a reserved matter (within the meaning of the Scotland Act 1998). (3) The elections are— (a) Scottish Parliamentary general elections, (b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), (c) local government elections in Scotland.

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Setting of performance standards

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• (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

• (2) In section 9A (setting of performance standards), after subsection (5) insert—

(5A) But subsections (3) and (5) do not apply in relation to standards relating to— (a) Scottish Parliamentary general elections, (b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), or (c) local government elections in Scotland.

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• (3) After section 9A insert—