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Reform history

Scottish Elections (Representation and Reform) Act 2025

7 versions · 2025-01-29

2026-04-01

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

2025-11-17

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

Changes on 2025-11-17

@@ -56,7 +56,7 @@

- (b) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to that disqualification.

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-10-01) may, in particular—

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-11-17) may, in particular—

- (a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

@@ -70,7 +70,7 @@

- (c) modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—

- (i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/b/2025-10-01)[(ii)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/b/ii/2025-10-01), and

- (i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted period provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/b/2025-11-17)[(ii)](https://www.legislation.gov.uk/asp/2025/4/section/3/2/b/ii/2025-11-17), and

- (ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

@@ -78,9 +78,9 @@

- (e) make different provision for different purposes.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-10-01) are subject to the affirmative procedure.

- (4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-10-01), they may lay further such instruments under that subsection.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-11-17) are subject to the affirmative procedure.

- (4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/3/1/2025-11-17), they may lay further such instruments under that subsection.

#### Scottish Parliament: disqualification of members of the House of Lords

@@ -92,7 +92,7 @@

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-10-01) may, in particular—

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-11-17) may, in particular—

- (a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

@@ -116,7 +116,7 @@

- (c) modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—

- (i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted periods provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/2025-10-01)[(iii)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/iv/2025-10-01) or [(iv)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/iv/2025-10-01), and

- (i) which proceedings of the Scottish Parliament a person may or may not participate in during any excepted periods provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/2025-11-17)[(iii)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/iv/2025-11-17) or [(iv)](https://www.legislation.gov.uk/asp/2025/4/section/4/2/b/iv/2025-11-17), and

- (ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

@@ -124,9 +124,9 @@

- (e) make different provision for different purposes.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-10-01) are subject to the affirmative procedure.

- (4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-10-01), they may lay further such instruments under that subsection.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-11-17) are subject to the affirmative procedure.

- (4) After the Scottish Ministers lay the first draft Scottish statutory instrument containing regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/4/1/2025-11-17), they may lay further such instruments under that subsection.

#### Scottish Parliament: disqualification of councillors

@@ -138,7 +138,7 @@

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/5/1/2025-10-01) may, in particular—

- (2) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/5/1/2025-11-17) may, in particular—

- (a) modify section 15(1) of the Scotland Act 1998 (disqualification from membership of the Parliament),

@@ -152,13 +152,13 @@

- (c) modify section 17 of the Scotland Act 1998 (effect of disqualification) so as to make provision about—

- (i) which proceedings of the Parliament a person may or may not participate in during any excepted period provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/b/2025-10-01)[(ii)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/b/i/2025-10-01), and

- (i) which proceedings of the Parliament a person may or may not participate in during any excepted period provided in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/b/2025-11-17)[(ii)](https://www.legislation.gov.uk/asp/2025/4/section/5/2/b/i/2025-11-17), and

- (ii) which of the person’s other rights and privileges as a member of the Scottish Parliament may be withdrawn by a resolution of the Parliament,

- (d) make different provision for different purposes.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/5/1/2025-10-01) are subject to the affirmative procedure.

- (3) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/5/1/2025-11-17) are subject to the affirmative procedure.

### Disqualifications relating to sexual offences and notification requirements

@@ -239,7 +239,7 @@

- (b) the offender was aged 18 or over when the offence was committed, and

- (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-10-01) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-10-01).

- (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-11-17) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-11-17).

- (2) The court must, when dealing with the offender for the offence, also make an order (a “Scottish disqualification order”) in respect of the offender which—

@@ -253,9 +253,9 @@

- (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

- (4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-10-01) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-10-01) if—

- (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-10-01) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-10-01), or

- (4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-11-17) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-11-17) if—

- (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of sections [9](https://www.legislation.gov.uk/asp/2025/4/section/9/2025-11-17) to [11](https://www.legislation.gov.uk/asp/2025/4/section/11/2025-11-17), or

- (b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

@@ -355,9 +355,9 @@

- (1) The Scotland Act 1998 is modified as follows.

- (2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (ba) (inserted by [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-10-01)) insert—

> (bb) the person is subject to a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-10-01) of the Scottish Elections (Representation and Reform) Act 2025,

- (2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (ba) (inserted by [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-11-17)) insert—

> (bb) the person is subject to a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-11-17) of the Scottish Elections (Representation and Reform) Act 2025,

@@ -373,9 +373,9 @@

- (b) the word “or” immediately following paragraph (c) is repealed,

- (c) after paragraph (e) (inserted by [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-10-01)), insert—

> (f) the person is subject to a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-10-01) of the Scottish Elections (Representation and Reform) Act 2025,

- (c) after paragraph (e) (inserted by [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-11-17)), insert—

> (f) the person is subject to a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-11-17) of the Scottish Elections (Representation and Reform) Act 2025,

@@ -395,7 +395,7 @@

- (1) The Scotland Act 1998 is modified as follows.

- (2) In section 15(1) (disqualification from membership of the Parliament), after paragraph (bb) (inserted by [section 12](https://www.legislation.gov.uk/asp/2025/4/section/12/2025-10-01)), insert—

> (bc) the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc),

@@ -407,7 +407,7 @@

- (1) The Local Government (Scotland) Act 1973 is modified as follows.

- (2) In section 31 (disqualifications for nomination, election and holding office as member of local authority), in subsection (1), after paragraph (f) (inserted by [section 13](https://www.legislation.gov.uk/asp/2025/4/section/13/2025-10-01)) insert

> or

> (g) the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).

@@ -444,7 +444,7 @@

##### 18

- (1) The Scotland Act 1998 is modified by subsections [(2)](https://www.legislation.gov.uk/asp/2025/4/section/12/2/2025-10-01) and [(3)](https://www.legislation.gov.uk/asp/2025/4/section/18/3/2025-10-01).

- (1) The Scotland Act 1998 is modified by subsections [(2)](https://www.legislation.gov.uk/asp/2025/4/section/12/2/2025-11-17) and [(3)](https://www.legislation.gov.uk/asp/2025/4/section/18/3/2025-11-17).

- (2) In section 16 (exceptions and relief from disqualification)—

@@ -473,7 +473,7 @@

> (6) In this section—

> - “*order date*” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court,

> - “*relevant disqualification order*” means— a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-10-01) of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).

> - “*relevant disqualification order*” means— a Scottish disqualification order under [section 8](https://www.legislation.gov.uk/asp/2025/4/section/8/2025-11-17) of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).

@@ -513,7 +513,7 @@

> (8) In this section—

> - “*order date*” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court,

@@ -521,25 +521,25 @@

##### 19

- (1) If a person who holds office as a member of the Scottish Parliament on the day on which [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-10-01) comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

- (1) If a person who holds office as a member of the Scottish Parliament on the day on which [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-11-17) comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

- (a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

- (b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

- (i) of the first ordinary general election for membership of the Parliament (see section 2 of the Scotland Act 1998) held after the day on which [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-10-01) comes into force, or

- (ii) on which an election is held in accordance with section 9 of the Scotland Act 1998, following that member’s seat becoming vacant after the day on which [section 6](https://www.legislation.gov.uk/asp/2025/4/section/6/2025-10-01) comes into force.

- (2) If a person who holds office as a member of a local authority on the day on which [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-10-01) comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

- (2) If a person who holds office as a member of a local authority on the day on which [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-11-17) comes into force is subject to any relevant notification requirements or a relevant sexual harm or risk order on that day, the amendments made by that section—

- (a) do not have the effect of disqualifying that person, in respect of those requirements or of that order, for that person’s remaining term of office, but

- (b) do have effect in relation to that person, in respect of those requirements or of that order, from the earlier of the day—

- (i) of the first ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after the day on which [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-10-01) comes into force, or

- (ii) on which an election in accordance with section 37 of the Local Government (Scotland) Act 1973 is held following a casual vacancy in that person’s office occurring after the day on which [section 7](https://www.legislation.gov.uk/asp/2025/4/section/7/2025-10-01) comes into force.

- (3) In this section—

@@ -651,9 +651,9 @@

##### 24

- (1) The amendments made by [section 23](https://www.legislation.gov.uk/asp/2025/4/section/23/2025-10-01) have effect only in relation to a Scottish devolved regulated period beginning on or after the day on which [section 23](https://www.legislation.gov.uk/asp/2025/4/section/23/2025-10-01) comes fully into force.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/24/1/2025-10-01) “*a Scottish devolved regulated period*” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 of the Political Parties, Elections and Referendums Act 2000 (general elections to the Scottish Parliament).

- (1) The amendments made by [section 23](https://www.legislation.gov.uk/asp/2025/4/section/23/2025-11-17) have effect only in relation to a Scottish devolved regulated period beginning on or after the day on which [section 23](https://www.legislation.gov.uk/asp/2025/4/section/23/2025-11-17) comes fully into force.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/24/1/2025-11-17) “*a Scottish devolved regulated period*” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 of the Political Parties, Elections and Referendums Act 2000 (general elections to the Scottish Parliament).

#### Code of practice on controls relating to third parties

@@ -866,7 +866,7 @@

- (1) The Representation of the People Act 1983 is modified as follows.

- (2) After section 43A (inserted by [section 32](https://www.legislation.gov.uk/asp/2025/4/section/32/2025-10-01)) insert—

- (2) After section 43A (inserted by [section 32](https://www.legislation.gov.uk/asp/2025/4/section/32/2025-11-17)) insert—

> (43B)

> (1) Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

@@ -1137,7 +1137,7 @@

##### 40

- (1) This section applies where a proposal has been made in accordance with [section 41](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01).

- (1) This section applies where a proposal has been made in accordance with [section 41](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17).

- (2) The Scottish Ministers may by regulations make temporary provision about the registration of electors (“registration of electors pilot provision”).

@@ -1155,7 +1155,7 @@

- (ii) different from provision in relevant Scottish elections legislation, or

- (iii) connected to provision of the kind specified in sub-paragraph [(i)](https://www.legislation.gov.uk/asp/2025/4/section/40/3/d/i/2025-10-01) or [(ii)](https://www.legislation.gov.uk/asp/2025/4/section/40/3/d/ii/2025-10-01).

- (iii) connected to provision of the kind specified in sub-paragraph [(i)](https://www.legislation.gov.uk/asp/2025/4/section/40/3/d/i/2025-11-17) or [(ii)](https://www.legislation.gov.uk/asp/2025/4/section/40/3/d/ii/2025-11-17).

- (4) A registration of electors pilot provision—

@@ -1177,9 +1177,9 @@

- (c) may not include provision about a person’s entitlement to be registered in a register of local government electors for any local authority area.

- (5) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) must specify the day before which the Electoral Commission must send its report under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-10-01).

- (6) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) may—

- (5) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) must specify the day before which the Electoral Commission must send its report under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-11-17).

- (6) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) may—

- (a) make different provision for different purposes, areas, persons or categories of persons,

@@ -1187,7 +1187,7 @@

- (c) modify any enactment.

- (7) If the regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) make provision modifying any enactment, the regulations must provide for the modifications to cease to have effect at the end of such period as is specified (and different periods may be specified in relation to different modifications).

- (7) If the regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) make provision modifying any enactment, the regulations must provide for the modifications to cease to have effect at the end of such period as is specified (and different periods may be specified in relation to different modifications).

- (8) In this section—

@@ -1195,15 +1195,15 @@

- “*relevant Scottish elections legislation*” means an enactment that applies in relation to the registration of persons in a register of local government electors for the purpose of entitling that person to vote in— an election for membership of the Scottish Parliament, a local government election in Scotland,

- “*specified*” means specified in, or determined under, regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01).

- (9) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) are subject to the negative procedure.

- “*specified*” means specified in, or determined under, regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17).

- (9) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) are subject to the negative procedure.

#### Proposals for registration of electors pilot provision

##### 41

- (1) A registration of electors pilot provision under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-10-01) may be proposed by—

- (1) A registration of electors pilot provision under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-11-17) may be proposed by—

- (a) the Scottish Ministers after consulting—

@@ -1213,7 +1213,7 @@

- (iii) such other persons as they consider appropriate, or

- (b) a person mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-10-01) submitting a proposal to the Scottish Ministers.

- (b) a person mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-11-17) submitting a proposal to the Scottish Ministers.

- (2) The persons are—

@@ -1239,13 +1239,13 @@

- (B) the Electoral Management Board for Scotland.

- (3) A person who may make a proposal under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-10-01) may make the proposal jointly with one or more other persons making a proposal under that subsection.

- (3) A person who may make a proposal under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-11-17) may make the proposal jointly with one or more other persons making a proposal under that subsection.

- (4) Any duty to consult a person with whom the person makes a joint proposal does not apply.

- (5) Where a pilot is proposed by a person (or persons acting jointly) mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-10-01) the proposal and the proposed pilot may be approved by the Scottish Ministers either without modification or with such modifications as the Scottish Ministers consider appropriate.

- (6) A registration of electors pilot provision may only be made where, in the opinion of the Scottish Ministers or, in the case where a pilot is the subject of a proposal by a person (or persons acting jointly) mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-10-01), the person or persons who proposed that pilot, that provision is likely to—

- (5) Where a pilot is proposed by a person (or persons acting jointly) mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-11-17) the proposal and the proposed pilot may be approved by the Scottish Ministers either without modification or with such modifications as the Scottish Ministers consider appropriate.

- (6) A registration of electors pilot provision may only be made where, in the opinion of the Scottish Ministers or, in the case where a pilot is the subject of a proposal by a person (or persons acting jointly) mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/41/2/2025-11-17), the person or persons who proposed that pilot, that provision is likely to—

- (a) facilitate registration by any persons or any particular description of persons, or

@@ -1253,17 +1253,17 @@

- (7) The Scottish Ministers—

- (a) may, in order to inform their consideration of a proposal submitted to them under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-10-01) and how they might deal with it, consult such persons as they think appropriate,

- (b) must, before making any modification in accordance with [subsection (5)](https://www.legislation.gov.uk/asp/2025/4/section/41/5/2025-10-01) consult the Electoral Management Board for Scotland and, if the proposal was not submitted by the Board, the person (or persons acting jointly) who submitted the proposal.

- (8) In this section and in [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-10-01) “*electoral registration officer*” means an officer appointed under section 8(3) of the Representation of the People Act 1983.

- (a) may, in order to inform their consideration of a proposal submitted to them under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-11-17) and how they might deal with it, consult such persons as they think appropriate,

- (b) must, before making any modification in accordance with [subsection (5)](https://www.legislation.gov.uk/asp/2025/4/section/41/5/2025-11-17) consult the Electoral Management Board for Scotland and, if the proposal was not submitted by the Board, the person (or persons acting jointly) who submitted the proposal.

- (8) In this section and in [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-11-17) “*electoral registration officer*” means an officer appointed under section 8(3) of the Representation of the People Act 1983.

#### Evaluation of registration of electors pilot provision by Electoral Commission

##### 42

- (1) The Electoral Commission must prepare a report on the operation of a registration of electors pilot provision made by regulations under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-10-01)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) before the day specified under subsection (5) of that section (or such later date as the Commission and the Scottish Ministers may agree).

- (1) The Electoral Commission must prepare a report on the operation of a registration of electors pilot provision made by regulations under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-11-17)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) before the day specified under subsection (5) of that section (or such later date as the Commission and the Scottish Ministers may agree).

- (2) The report must contain, in particular—

@@ -1289,7 +1289,7 @@

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

- (4) The Electoral Commission must, before the day specified under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-10-01)[(5)](https://www.legislation.gov.uk/asp/2025/4/section/40/5/2025-10-01) (or such later date as the Commission and the Scottish Ministers may agree)—

- (4) The Electoral Commission must, before the day specified under [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-11-17)[(5)](https://www.legislation.gov.uk/asp/2025/4/section/40/5/2025-11-17) (or such later date as the Commission and the Scottish Ministers may agree)—

- (a) send a copy of the report to—

@@ -1299,7 +1299,7 @@

- (iii) the Electoral Management Board for Scotland, and

- (iv) where the pilot was proposed by an electoral registration officer under [section 41](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-10-01), that officer, and

- (iv) where the pilot was proposed by an electoral registration officer under [section 41](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/b/2025-11-17), that officer, and

- (b) publish the report in such manner as they think fit.

@@ -1307,9 +1307,9 @@

##### 43

- (1) The power in [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-10-01) applies if—

- (a) the Scottish Ministers consider, in the light of a report made under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-10-01) on the operation of registration of electors pilot provision, that it would be desirable to achieve the reform outcome described in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/43/2/2025-10-01) (“the reform outcome”), and

- (1) The power in [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-11-17) applies if—

- (a) the Scottish Ministers consider, in the light of a report made under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-11-17) on the operation of registration of electors pilot provision, that it would be desirable to achieve the reform outcome described in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/43/2/2025-11-17) (“the reform outcome”), and

- (b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

@@ -1317,19 +1317,19 @@

- (3) The Scottish Ministers may by regulations make provision for or in connection with the registration of persons in a register of local government electors to achieve the reform outcome.

- (4) Before laying a draft of a Scottish statutory instrument containing regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-10-01), the Scottish Ministers must consult—

- (a) the Electoral Management Board for Scotland, and

- (b) such other persons as the Scottish Ministers consider appropriate.

- (5) Subsections [(4)](https://www.legislation.gov.uk/asp/2025/4/section/40/4/2025-10-01), [(6)](https://www.legislation.gov.uk/asp/2025/4/section/40/6/2025-10-01) and [(8)](https://www.legislation.gov.uk/asp/2025/4/section/40/8/2025-10-01) of [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-10-01) apply to regulations made under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-10-01) as they apply to regulations made under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-10-01) of that section.

- (6) When laying a draft of a Scottish statutory instrument containing regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-10-01), the Scottish Ministers must also lay before the Scottish Parliament a copy of the report prepared by the Electoral Commission under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-10-01).

- (5) Subsections [(4)](https://www.legislation.gov.uk/asp/2025/4/section/40/4/2025-11-17), [(6)](https://www.legislation.gov.uk/asp/2025/4/section/40/6/2025-11-17) and [(8)](https://www.legislation.gov.uk/asp/2025/4/section/40/8/2025-11-17) of [section 40](https://www.legislation.gov.uk/asp/2025/4/section/40/2025-11-17) apply to regulations made under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-11-17) as they apply to regulations made under [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/40/2/2025-11-17) of that section.

- (6) When laying a draft of a Scottish statutory instrument containing regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-11-17), the Scottish Ministers must also lay before the Scottish Parliament a copy of the report prepared by the Electoral Commission under [section 42](https://www.legislation.gov.uk/asp/2025/4/section/42/2025-11-17).

- (7) Nothing in this section affects the other powers of the Scottish Ministers to make provision for or in connection with the registration of persons in a register of local government electors.

- (8) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-10-01) are subject to the affirmative procedure.

- (8) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/43/3/2025-11-17) are subject to the affirmative procedure.

### Funding and Accessibility

@@ -1423,7 +1423,7 @@

##### 48

- (1) The following definitions have effect for the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-10-01)—

- (1) The following definitions have effect for the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-11-17)—

- “*electronic material*” means material in electronic form which consists of or includes— text or moving or still images, or speech or music,

@@ -1433,13 +1433,13 @@

- “*relevant third party*” means any person who undertakes campaigning activities in relation to an election for a relevant Scottish elective office and who is not— an individual, a recognised third party, or a registered party.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/31/1/2025-10-01) “*electronic material*” does not include material to the extent that it is received by a person in the form of—

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/31/1/2025-11-17) “*electronic material*” does not include material to the extent that it is received by a person in the form of—

- (a) a telephone call made to the person at a telephone number allocated to them in accordance with a national or international numbering plan, or

- (b) a short message service text message sent to such a telephone number.

- (3) The Scottish Ministers may by regulations amend [this section](https://www.legislation.gov.uk/asp/2025/4/section/31/2025-10-01) so as to modify the definition of “electronic material”, “promoter” or “published”, or “relevant third party” that for the time being has effect for the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-10-01).

- (3) The Scottish Ministers may by regulations amend [this section](https://www.legislation.gov.uk/asp/2025/4/section/31/2025-11-17) so as to modify the definition of “electronic material”, “promoter” or “published”, or “relevant third party” that for the time being has effect for the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-11-17).

#### Further definitions relating to candidates, parties and elections

@@ -1465,9 +1465,9 @@

##### 50

- (1) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) applies to electronic material which meets the following conditions.

- (2) The first condition is that the electronic material can reasonably be regarded as intended to achieve either purpose mentioned in [section 51](https://www.legislation.gov.uk/asp/2025/4/section/51/2025-10-01) (whether or not it can reasonably be regarded as intended to achieve any other purpose as well).

- (1) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) applies to electronic material which meets the following conditions.

- (2) The first condition is that the electronic material can reasonably be regarded as intended to achieve either purpose mentioned in [section 51](https://www.legislation.gov.uk/asp/2025/4/section/51/2025-11-17) (whether or not it can reasonably be regarded as intended to achieve any other purpose as well).

- (3) The second condition is that the promoter of the material, or the person on behalf of whom it is published, is a relevant third party.

@@ -1485,7 +1485,7 @@

- (c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/34/1/2025-10-01)—

- (2) For the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/34/1/2025-11-17)—

- (a) the reference to electoral success at a relevant Scottish election is a reference—

@@ -1495,19 +1495,19 @@

- (b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.

- (3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/34/1/2025-10-01), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

- (3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/34/1/2025-11-17), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

- (4) The second purpose is promoting or procuring the election of a particular candidate, or a particular future candidate, at one or more relevant Scottish elections.

- (5) For the purposes of determining whether electronic material—

- (a) can reasonably be regarded as intended to achieve the purpose mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/51/4/2025-10-01), it is immaterial that it does not expressly mention the name of any candidate or future candidate, and

- (a) can reasonably be regarded as intended to achieve the purpose mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/51/4/2025-11-17), it is immaterial that it does not expressly mention the name of any candidate or future candidate, and

- (b) is to be regarded as being published on behalf of a candidate or future candidate—

- (i) is not to be so regarded merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but

- (ii) may be regarded as being published on behalf of the party mentioned in [subsection (6)](https://www.legislation.gov.uk/asp/2025/4/section/51/6/2025-10-01).

- (ii) may be regarded as being published on behalf of the party mentioned in [subsection (6)](https://www.legislation.gov.uk/asp/2025/4/section/51/6/2025-11-17).

- (6) This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—

@@ -1523,9 +1523,9 @@

- (1) Electronic material to which this section applies must not be published unless, in accordance with this section—

- (a) the information mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/35/2/2025-10-01) is included as part of the electronic material, or

- (b) if it is not reasonably practicable to comply with [paragraph (a)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/a/2025-10-01), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.

- (a) the information mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/35/2/2025-11-17) is included as part of the electronic material, or

- (b) if it is not reasonably practicable to comply with [paragraph (a)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/a/2025-11-17), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.

- (2) That information is—

@@ -1533,13 +1533,13 @@

- (b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

- (3) The Scottish Ministers may by regulations amend [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/35/2/2025-10-01) so as to—

- (3) The Scottish Ministers may by regulations amend [subsection (2)](https://www.legislation.gov.uk/asp/2025/4/section/35/2/2025-11-17) so as to—

- (a) add a description of information, or

- (b) modify or remove a description of information that is for the time being specified in that subsection.

- (4) Information is included as part of electronic material for the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/2025-10-01)[(a)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/a/2025-10-01) only if—

- (4) Information is included as part of electronic material for the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/2025-11-17)[(a)](https://www.legislation.gov.uk/asp/2025/4/section/35/1/a/2025-11-17) only if—

- (a) where the material consists of or includes text or moving or still images, it is displayed in text form as part of that material,

@@ -1561,29 +1561,29 @@

##### 53

- (1) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) does not apply to the republication of electronic material if—

- (1) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) does not apply to the republication of electronic material if—

- (a) when it was previously published—

- (i) [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) applied to it, and

- (i) [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) applied to it, and

- (ii) it was published in compliance with that section, and

- (b) it is not materially altered when it is republished.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/52/1/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/52/1/b/2025-10-01) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

- (a) the information within [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/52/2/2025-10-01), or

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/52/1/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/52/1/b/2025-11-17) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

- (a) the information within [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/52/2/2025-11-17), or

- (b) the access to such information,

as a result of which its previous publication complied with [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01).

- (3) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application.

- (4) In [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/52/3/2025-10-01) “*mobile application*” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

- (5) The Scottish Ministers may by regulations amend this section so as to add, modify or remove cases to which [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) does not apply.

as a result of which its previous publication complied with [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17).

- (3) [Section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application.

- (4) In [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/52/3/2025-11-17) “*mobile application*” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

### Offences

@@ -1591,43 +1591,43 @@

##### 54

- (1) Where any electronic material to which [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) applies is published in contravention of that section, the following persons commit an offence—

- (1) Where any electronic material to which [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) applies is published in contravention of that section, the following persons commit an offence—

- (a) the relevant third party who is the promoter of the material, and

- (b) any person on behalf of whom the material is being published (and who is not the promoter).

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (3) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) to prove—

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (3) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) to prove—

- (a) that the contravention arose from circumstances beyond the person’s control, and

- (b) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

- (4) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) to prove that the person acted in accordance with guidance issued under [section 58](https://www.legislation.gov.uk/asp/2025/4/section/58/2025-10-01).

- (5) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) in relation to the republication of electronic material to prove that—

- (4) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) to prove that the person acted in accordance with guidance issued under [section 58](https://www.legislation.gov.uk/asp/2025/4/section/58/2025-11-17).

- (5) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) in relation to the republication of electronic material to prove that—

- (a) the electronic material had previously been published,

- (b) the person reasonably believed that when it was previously published—

- (i) [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) applied to it, and

- (i) [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) applied to it, and

- (ii) it was published in compliance with that section, and

- (c) it was not materially altered when it was republished.

- (6) In [subsection (5)](https://www.legislation.gov.uk/asp/2025/4/section/54/5/2025-10-01)[(c)](https://www.legislation.gov.uk/asp/2025/4/section/54/5/c/2025-10-01), the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

- (a) the information within [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01)[(3)](https://www.legislation.gov.uk/asp/2025/4/section/52/3/2025-10-01), or

- (6) In [subsection (5)](https://www.legislation.gov.uk/asp/2025/4/section/54/5/2025-11-17)[(c)](https://www.legislation.gov.uk/asp/2025/4/section/54/5/c/2025-11-17), the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

- (a) the information within [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17)[(3)](https://www.legislation.gov.uk/asp/2025/4/section/52/3/2025-11-17), or

- (b) the access to such information,

as a result of which the person reasonably believed its previous publication complied with [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01).

- (7) The court by or before which a person is convicted of an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) must notify the Electoral Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

as a result of which the person reasonably believed its previous publication complied with [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17).

- (7) The court by or before which a person is convicted of an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) must notify the Electoral Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

#### Individual culpability where organisation commits an offence

@@ -1635,7 +1635,7 @@

- (1) This section applies where—

- (a) an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) is committed by a relevant organisation, and

- (a) an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) is committed by a relevant organisation, and

- (b) the commission of the offence—

@@ -1647,9 +1647,9 @@

- (3) For the purposes of this section—

- “*relevant organisation*” means an organisation listed in the first column of the table in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/55/4/2025-10-01),

- “*responsible individual*” means, in relation to a relevant organisation— an individual falling within the corresponding entry in the second column of the table in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/55/4/2025-10-01), or an individual purporting to act in the capacity of an individual falling within the corresponding entry.

- “*relevant organisation*” means an organisation listed in the first column of the table in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/55/4/2025-11-17),

- “*responsible individual*” means, in relation to a relevant organisation— an individual falling within the corresponding entry in the second column of the table in [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/55/4/2025-11-17), or an individual purporting to act in the capacity of an individual falling within the corresponding entry.

- (4) The table is as follows—

@@ -1668,9 +1668,9 @@

- (1) Parts 1 to 4 and 6 of Schedule 19C of the Political Parties, Elections and Referendums Act 2000 (civil sanctions) and the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 ([S.I. 2010/2860](https://www.legislation.gov.uk/uksi/2010/2860)) apply (subject to the following provisions of this section) in relation to an offence to which this section applies as they apply in relation to a prescribed offence under that Act.

- (2) This section applies to an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-10-01) which relates to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within [section 51](https://www.legislation.gov.uk/asp/2025/4/section/51/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/51/1/2025-10-01).

- (3) In the application of paragraph 23 of schedule 19C of the Political Parties, Elections and Referendums Act 2000 (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to schedule 19B of that Act is to be read as including a reference to schedule 12 of the Elections Act 2022 (as applied by section [57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/57/1/2025-10-01)).

- (2) This section applies to an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/54/1/2025-11-17) which relates to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within [section 51](https://www.legislation.gov.uk/asp/2025/4/section/51/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/51/1/2025-11-17).

- (3) In the application of paragraph 23 of schedule 19C of the Political Parties, Elections and Referendums Act 2000 (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to schedule 19B of that Act is to be read as including a reference to schedule 12 of the Elections Act 2022 (as applied by section [57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/57/1/2025-11-17)).

- (4) In the application of paragraph 13(1)(a) of Schedule 1 of the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 ([S.I. 2010/2860](https://www.legislation.gov.uk/uksi/2010/2860)) by virtue of this section, the reference to the Political Parties, Elections and Referendums Act 2000 and that Order is to be read as a reference to that Act and that Order as they are applied by this section.

@@ -1678,11 +1678,11 @@

##### 57

- (1) Schedule 12 of the Elections Act 2022 (supply of information etc.) applies (subject to the following provisions of [this section](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-10-01)) in relation to an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-10-01) as it applies in relation to an offence under Part 6 of that Act.

- (2) In the application of Schedule 12 of the Elections Act 2022 by virtue of [this section](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-10-01), the references in paragraphs 1(1)(b)(i), 1(2)(b) and 3(2)(b) to section 41 of that Act are to be read as including references to [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-10-01) of this Act.

- (3) Paragraphs 3 to 13 and 15 of schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of the Electoral Commission) apply in relation to an offence mentioned in [section 56](https://www.legislation.gov.uk/asp/2025/4/section/56/2025-10-01)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/56/2/2025-10-01) as they apply in relation to an offence under that Act.

- (1) Schedule 12 of the Elections Act 2022 (supply of information etc.) applies (subject to the following provisions of [this section](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-11-17)) in relation to an offence under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-11-17) as it applies in relation to an offence under Part 6 of that Act.

- (2) In the application of Schedule 12 of the Elections Act 2022 by virtue of [this section](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-11-17), the references in paragraphs 1(1)(b)(i), 1(2)(b) and 3(2)(b) to section 41 of that Act are to be read as including references to [section 52](https://www.legislation.gov.uk/asp/2025/4/section/52/2025-11-17) of this Act.

- (3) Paragraphs 3 to 13 and 15 of schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of the Electoral Commission) apply in relation to an offence mentioned in [section 56](https://www.legislation.gov.uk/asp/2025/4/section/56/2025-11-17)[(2)](https://www.legislation.gov.uk/asp/2025/4/section/56/2/2025-11-17) as they apply in relation to an offence under that Act.

### Guidance and Electoral Commission Report

@@ -1692,13 +1692,13 @@

- (1) The Electoral Commission must prepare guidance about—

- (a) the operation of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-10-01), and

- (b) the exercise of functions by the Electoral Commission in relation to a breach or suspected breach of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-10-01).

- (2) The Electoral Commission must have regard to guidance issued under [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01) in exercising those functions.

- (3) Once the Electoral Commission has prepared draft guidance under [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01), it must submit it to the Scottish Ministers for approval by the Scottish Ministers.

- (a) the operation of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-11-17), and

- (b) the exercise of functions by the Electoral Commission in relation to a breach or suspected breach of [this Part](https://www.legislation.gov.uk/asp/2025/4/part/6/2025-11-17).

- (2) The Electoral Commission must have regard to guidance issued under [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17) in exercising those functions.

- (3) Once the Electoral Commission has prepared draft guidance under [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17), it must submit it to the Scottish Ministers for approval by the Scottish Ministers.

- (4) The Scottish Ministers may approve draft guidance either without modifications or with such modifications as the Scottish Ministers may determine.

@@ -1706,15 +1706,15 @@

- (a) in its original form, or

- (b) in a form which incorporates any modifications determined under [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/41/4/2025-10-01).

- (b) in a form which incorporates any modifications determined under [subsection (4)](https://www.legislation.gov.uk/asp/2025/4/section/41/4/2025-11-17).

- (6) If the draft guidance incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.

- (7) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft guidance, the Scottish Ministers must take no further steps in relation to it.

- (8) [Subsection (7)](https://www.legislation.gov.uk/asp/2025/4/section/41/7/2025-10-01) does not prevent new draft guidance from being laid before the Scottish Parliament.

- (9) If no resolution of the kind mentioned in [subsection (7)](https://www.legislation.gov.uk/asp/2025/4/section/41/7/2025-10-01) is made within the 40-day period—

- (8) [Subsection (7)](https://www.legislation.gov.uk/asp/2025/4/section/41/7/2025-11-17) does not prevent new draft guidance from being laid before the Scottish Parliament.

- (9) If no resolution of the kind mentioned in [subsection (7)](https://www.legislation.gov.uk/asp/2025/4/section/41/7/2025-11-17) is made within the 40-day period—

- (a) the Scottish Ministers must issue the guidance in the form of the draft laid before the Scottish Parliament,

@@ -1722,9 +1722,9 @@

- (c) the Electoral Commission must arrange for the guidance to be published in such manner as the Electoral Commission consider appropriate.

- (10) References in [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01) (other than in [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-10-01)) to guidance or draft guidance include revised guidance or draft revised guidance.

- (11) In [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-10-01) “*the 40-day period*”, in relation to draft guidance, 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.

- (10) References in [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17) (other than in [subsection (1)](https://www.legislation.gov.uk/asp/2025/4/section/41/1/2025-11-17)) to guidance or draft guidance include revised guidance or draft revised guidance.

- (11) In [this section](https://www.legislation.gov.uk/asp/2025/4/section/41/2025-11-17) “*the 40-day period*”, in relation to draft guidance, 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.

#### Electoral Commission’s annual report

@@ -1732,13 +1732,13 @@

- (1) Each report by the Electoral Commission under paragraph 20A of schedule 1 of the Political Parties, Elections and Referendums Act 2000 must contain information about—

- (a) the convictions notified to the Electoral Commission under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-10-01)[(7)](https://www.legislation.gov.uk/asp/2025/4/section/54/7/2025-10-01) during the year in question, and

- (b) the use made by the Electoral Commission of its powers under [section 57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-10-01)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/57/1/2025-10-01) during that year.

- (a) the convictions notified to the Electoral Commission under [section 54](https://www.legislation.gov.uk/asp/2025/4/section/54/2025-11-17)[(7)](https://www.legislation.gov.uk/asp/2025/4/section/54/7/2025-11-17) during the year in question, and

- (b) the use made by the Electoral Commission of its powers under [section 57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-11-17)[(1)](https://www.legislation.gov.uk/asp/2025/4/section/57/1/2025-11-17) during that year.

- (2) The report must, in particular, specify—

- (a) the cases in which a notice was given under paragraph 1 of Schedule 12 of the Elections Act 2022 (as applied by [section 57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-10-01)),

- (a) the cases in which a notice was given under paragraph 1 of Schedule 12 of the Elections Act 2022 (as applied by [section 57](https://www.legislation.gov.uk/asp/2025/4/section/57/2025-11-17)),

- (b) the cases in which an order under paragraph 2 or 3 of that schedule was applied for or made.

@@ -1760,11 +1760,11 @@

- (b) after consultation with the Electoral Commission.

- (2) Regulations under [this Part](https://www.legislation.gov.uk/asp/2025/4/part/8/2025-10-01) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

- (3) Regulations under [this Part](https://www.legislation.gov.uk/asp/2025/4/part/8/2025-10-01) are subject to the affirmative procedure.

- (4) But this section does not apply to regulations under [section 58](https://www.legislation.gov.uk/asp/2025/4/section/58/2025-10-01)[(9)](https://www.legislation.gov.uk/asp/2025/4/section/58/9/2025-10-01)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/58/9/b/2025-10-01).

- (2) Regulations under [this Part](https://www.legislation.gov.uk/asp/2025/4/part/8/2025-11-17) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

- (3) Regulations under [this Part](https://www.legislation.gov.uk/asp/2025/4/part/8/2025-11-17) are subject to the affirmative procedure.

- (4) But this section does not apply to regulations under [section 58](https://www.legislation.gov.uk/asp/2025/4/section/58/2025-11-17)[(9)](https://www.legislation.gov.uk/asp/2025/4/section/58/9/2025-11-17)[(b)](https://www.legislation.gov.uk/asp/2025/4/section/58/9/b/2025-11-17).

#### Consequential revocations

@@ -2213,13 +2213,13 @@

##### 71

- (1) A person who holds the office of convener of the Electoral Management Board for Scotland immediately before the coming into force of the amendments made by section 69[(7)](https://www.legislation.gov.uk/asp/2025/4/section/69/7/2025-10-01) continues to hold that office.

- (2) The duration of that person’s appointment is to be calculated as if that person was appointed as convener for the first time for a period of 5 years on the day that the amendments made by section 69[(7)](https://www.legislation.gov.uk/asp/2025/4/section/69/7/2025-10-01) came into force.

- (3) Any other person who is a member of the Board immediately before the coming into force of the amendments made by section 69[(7)](https://www.legislation.gov.uk/asp/2025/4/section/69/7/2025-10-01) continues as a member of the Board.

- (4) The duration of the appointment of a person mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/71/3/2025-10-01) is to be calculated as if that person was appointed as a member for a period of 5 years on the day that the amendments made by section 69[(7)](https://www.legislation.gov.uk/asp/2025/4/section/69/7/2025-10-01) came into force.

- (4) The duration of the appointment of a person mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/4/section/71/3/2025-11-17) is to be calculated as if that person was appointed as a member for a period of 5 years on the day that the amendments made by section 69[(7)](https://www.legislation.gov.uk/asp/2025/4/section/69/7/2025-11-17) came into force.

- (5) Accordingly, a person continuing as a convener or as a member of the Electoral Management Board for Scotland in accordance with this section—

@@ -2251,7 +2251,7 @@

##### 73

- (1) This section and sections [72](https://www.legislation.gov.uk/asp/2025/4/section/72/2025-10-01) and [74](https://www.legislation.gov.uk/asp/2025/4/section/74/2025-10-01) come into force on the day after Royal Assent.

- (1) This section and sections [72](https://www.legislation.gov.uk/asp/2025/4/section/72/2025-11-17) and [74](https://www.legislation.gov.uk/asp/2025/4/section/74/2025-11-17) 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.

@@ -3041,4 +3041,28 @@

[^key-7754442325b7822b0aa9c11f32693793]: [S. 46](https://www.legislation.gov.uk/asp/2025/4/section/46) in force at 1.10.2025 by [S.S.I. 2025/106](https://www.legislation.gov.uk/ssi/2025/106), [reg. 2(1)(c)](https://www.legislation.gov.uk/ssi/2025/106/regulation/2/1/c), [sch. Pt. 3](https://www.legislation.gov.uk/ssi/2025/106/schedule/part/3)

#### Superseded offences

[^key-2b6927fd685b0b9805bbd75f1068cfc4]: [S. 47](https://www.legislation.gov.uk/asp/2025/4/section/47) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-821f4e1c67ea3a6c0e38e2fd5d124835]: [S. 48](https://www.legislation.gov.uk/asp/2025/4/section/48) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-90f90a16e4d8c00a4dcc39f243ce13e4]: [S. 49](https://www.legislation.gov.uk/asp/2025/4/section/49) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-4683774d9c7c83e4f445638b6564771a]: [S. 50](https://www.legislation.gov.uk/asp/2025/4/section/50) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-5e4ce05f2cbf85e9014588838c5156ad]: [S. 51](https://www.legislation.gov.uk/asp/2025/4/section/51) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-e06b4ce13ec765d6b607176f4d04b84f]: [S. 52](https://www.legislation.gov.uk/asp/2025/4/section/52) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-edb50a99ed2ade60ecd8075f5fb682d6]: [S. 53](https://www.legislation.gov.uk/asp/2025/4/section/53) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-6b50a4f2e6fdc5beb1b6489a0b07e828]: [S. 54](https://www.legislation.gov.uk/asp/2025/4/section/54) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-24cf3a3a68e58bd9ebcd15f383a7a0da]: [S. 55](https://www.legislation.gov.uk/asp/2025/4/section/55) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-8dbb3377c1a293a27ff2d0f6d15926a8]: [S. 56](https://www.legislation.gov.uk/asp/2025/4/section/56) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-46adcc5b07e5a8d56f9057c62cd9f973]: [S. 57](https://www.legislation.gov.uk/asp/2025/4/section/57) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

[^key-343c025af4ac33e1e14223125105ef72]: [S. 59](https://www.legislation.gov.uk/asp/2025/4/section/59) in force at 17.11.2025 by [S.S.I. 2025/260](https://www.legislation.gov.uk/ssi/2025/260), [reg. 3](https://www.legislation.gov.uk/ssi/2025/260/regulation/3), [sch. Pt. 1](https://www.legislation.gov.uk/ssi/2025/260/schedule/part/1)

#### Inchoate offences

2025-10-01

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

2025-08-01

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

2025-04-14

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

2025-01-30

Scottish Elections (Representation and Reform) Act 2025

View changes Text at this date

2025-01-29

Scottish Elections (Representation and Reform) Act 2025 — versión or

original version Text at this date