Scottish Elections (Representation and Reform) Act 2025

• (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,

• (b) otherwise are subject to the negative procedure.

Commencement

73

• (1) This section and sections 72 and 74 come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (3) Regulations under this section may—

• (a) include transitional, transitory or saving provision,

• (b) make different provision for different purposes.

Short title

74

The short title of this Act is the Scottish Elections (Representation and Reform) Act 2025.

Schedule

Part 1 — Solemn procedure

1

An offence tried on indictment.

Part 2 — Summary procedure

Chapter 1 — Common law offences

2

Kidnapping.

3

Abduction.

4

Assault to the danger of life.

5

Assault to severe injury.

6

Assault with intent to rape or ravish.

7

Assault other than a kind listed in paragraphs 4 to 6.

8

Breach of the peace.

9

Culpable homicide.

10

Culpable and reckless conduct.

11

Culpable and reckless endangering of the public.

12

Culpable and reckless fire-raising.

13

Drugging.

14

Extortion.

15

Malicious mischief.

16

Mobbing and rioting.

17

Uttering threats.

18

Wilful fire-raising.

Chapter 2 — Statutory offences

Explosive Substances Act 1883

19

An offence under either of the following provisions of the Explosive Substances Act 1883—

• (a) section 2 (causing explosion likely to endanger life or property),

• (b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Criminal Law Act 1977

20

An offence under section 51 (bomb hoaxes) of the Criminal Law Act 1977.

Taking of Hostages Act 1982

21

An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking).

Rent (Scotland) Act 1984

22

An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

Public Order Act 1986

23

An offence under any of the following provisions of the Public Order Act 1986—

• (a) section 18 (racial hatred: use of words or behaviour or display of written material),

• (b) section 19 (racial hatred: publishing or distributing written material),

• (c) section 20 (racial hatred: public performance of play),

• (d) section 21 (racial hatred: distributing, showing or playing a recording),

• (e) section 22 (racial hatred: broadcasting or including programme in programme service).

Criminal Justice Act 1988

24

An offence under section 134 (torture) of the Criminal Justice Act 1988.

Trade Union and Labour Relations (Consolidation) Act 1992

25

An offence under section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance by violence or otherwise).

Criminal Law (Consolidation) (Scotland) Act 1995

26

An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

• (a) section 50A (racially aggravated harassment),

• (b) section 52 (vandalism).

Communications Act 2003

27

An offence under section 127 of the Communications Act 2003 (improper use of public electronic communications network).

Sexual Offences (Scotland) Act 2009

28

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

• (a) section 2 (sexual assault by penetration),

• (b) section 3 (sexual assault),

• (c) section 8 (sexual exposure).

Criminal Justice and Licensing (Scotland) Act 2010

29

An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

• (a) section 38 (threatening or abusive behaviour),

• (b) section 39 (stalking).

Hate Crime and Public Order (Scotland) Act 2021

30

An offence under either of the following provisions of the Hate Crime and Public Order (Scotland) Act 2021—

• (a) section 3 (racially aggravated harassment),

• (b) section 4 (offences of stirring up hatred).

Part 3 — Other

Inchoate offences

31

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 30 of this schedule.

32

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 30 of this schedule.

Superseded offences

33

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 30 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Scottish Parliament elections

Local government elections

Scottish Parliament: disqualification of MPs

Scottish Parliament: disqualification of members of the House of Lords

Scottish Parliament: disqualification of councillors

Scottish Parliament: disqualification relating to sexual offences etc.

Local authorities: disqualifications relating to sexual offences etc.

Scottish disqualification orders

Returning officers

Registration officers

Counting officers

Effect of order: Scottish Parliament

Effect of order: local government

Power to amend the schedule

Scottish Parliament: disqualification from membership

Local authorities: disqualifications for nomination, election and holding office

Disqualification orders: aggravation

Persons holding office: temporary relief from effect of disqualification

Transitional provision: disqualifications relating to sexual offences etc.

Ending ambulatory effect of section 15 of the Scotland Act 1998

Notional and third party expenditure: Scottish Parliament elections

Third parties capable of giving notification

Restriction on which third parties may incur controlled expenditure

Transitional provision: offences relating to third party expenditure

Code of practice on controls relating to third parties

Notional expenditure: local government elections

Power of Presiding Officer to postpone ordinary election

Power of Presiding Officer to schedule extraordinary general elections

Election of new Presiding Officer: extension of period

Choice of new First Minister after changed election date

Rescheduling of by-elections

Power of convener of Electoral Management Board to postpone ordinary local election

Power of returning officers to postpone election for their area

Power of returning officer to postpone or cancel by-election

Review of order of candidates on ballot papers used at elections

Nomination of candidate in local government elections: home address form

Election agent and sub-agent in Scottish Parliament elections: public notice of home address

Election agent and sub-agent in local government elections: public notice of home address

Pilot schemes under the Scottish Local Government (Elections) Act 2002

Registration of electors pilot provision: power to make temporary provision

Proposals for registration of electors pilot provision

Evaluation of registration of electors pilot provision by Electoral Commission

Power to permanently modify provision about registration of electors

Funding to increase democratic engagement

Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004

Access to Elected Office Fund

Application of this Part

Key definitions

Further definitions relating to candidates, parties and elections

Electronic material: conditions for application of section 52

Purpose of the electronic material

Requirement to include information

Exceptions to requirement in section 52

Offence of breaching section 52

Individual culpability where organisation commits an offence

Enforcement by the Electoral Commission

Supply of information

Guidance

Electoral Commission’s annual report

Scottish Ministers regulation making powers

Consequential revocations

Boundaries Scotland: changing date of next review of local government wards and number of councillors

Boundaries Scotland: reports on Parliament boundaries before a general election

Education about electoral and democratic systems

Electoral Commission’s annual report: spoilt ballot papers

Five-year plan: devolved Scottish elections and referendums

Reports on promotion of public awareness about elections

Electoral Commission strategy: spoilt ballot papers

Constitution of the Electoral Management Board for Scotland

Application of public bodies legislation to the Electoral Management Board for Scotland

Transitional provision: membership of the Electoral Management Board for Scotland

Ancillary provision

Commencement

Short title

Explosive Substances Act 1883

Criminal Law Act 1977

Taking of Hostages Act 1982

Rent (Scotland) Act 1984

Public Order Act 1986

Criminal Justice Act 1988

Trade Union and Labour Relations (Consolidation) Act 1992

Criminal Law (Consolidation) (Scotland) Act 1995

Communications Act 2003

Sexual Offences (Scotland) Act 2009

Criminal Justice and Licensing (Scotland) Act 2010

Hate Crime and Public Order (Scotland) Act 2021

Inchoate offences

Superseded offences

Editorial notes

Inchoate offences

Application of public bodies legislation to the Electoral Management Board for Scotland

Transitional provision: membership of the Electoral Management Board for Scotland

Ancillary provision

Commencement

Short title

Explosive Substances Act 1883

Criminal Law Act 1977

Taking of Hostages Act 1982

Rent (Scotland) Act 1984

Public Order Act 1986

Criminal Justice Act 1988

Trade Union and Labour Relations (Consolidation) Act 1992

Criminal Law (Consolidation) (Scotland) Act 1995

Communications Act 2003

Sexual Offences (Scotland) Act 2009

Criminal Justice and Licensing (Scotland) Act 2010

Hate Crime and Public Order (Scotland) Act 2021

Inchoate offences