A
BILL
TO
Amend the Scotland Act 1998 and make provision about the functions of the
Scottish Ministers; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
5In section 1 of the Scotland Act 1998 (the Scottish Parliament) after subsection
(1) insert—
“(1A)
A Scottish Parliament is recognised as a permanent part of the United
Kingdom’s constitutional arrangements.””
(2)
In section 44 of the Scotland Act 1998 (the Scottish Government) for the words
10in subsection (1) before paragraph (a) substitute—
“(1) There shall be a Scottish Government.
(1A)
A Scottish Government is recognised as a permanent part of the United
Kingdom’s constitutional arrangements.
(1B) The members of the Scottish Government shall be—”.”
In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the
Scotland BillPage 2
end add—
“(8)
But it is recognised that the Parliament of the United Kingdom will not
normally legislate with regard to devolved matters without the consent
of the Scottish Parliament.””
(1)
Section B3 of Part 2 of Schedule 5 to the Scotland Act 1998 (elections) is
amended as follows.
(2) Under the heading “B3 Elections” insert—
“(A)
10Elections for membership of the House of Commons and the European
Parliament””
(3)
For “, the European Parliament and the Parliament” substitute “and the
European Parliament”.
(4) Omit “The franchise at local government elections.”
(5) 15At the end insert—
“(B)
Elections for membership of the Parliament and local government elections in
Scotland
The subject-matter of sections 2(2A) and (2B) and 12A of this Act.
The combination of—
(a)
20polls at elections or referendums that are outside the legislative
competence of the Parliament with polls at—
(i) elections for membership of the Parliament, or
(ii) local government elections in Scotland, and
(b)
polls at ordinary general elections for membership of the
25Parliament with polls at ordinary local government elections in
Scotland.
The timing of ordinary local government elections in Scotland where
the poll at such an election would otherwise be held on the same day as
the poll at an ordinary general election to the Parliament.
30The digital service for the purposes of applications for registration or
for verifying information contained in such applications in relation to
elections in Scotland.
The subject-matter of Parts 5 and 6 of the Political Parties, Elections and
Referendums Act 2000 in relation to polls at elections that are within
35the legislative competence of the Parliament where they are combined
with polls at elections for membership of the House of Commons and
the European Parliament.
The subject matter of—
(a)
sections 155 and 156 of the Political Parties, Elections and
40Referendums Act 2000, except in relation to Parts 5 and 6 of that
Act so far as those Parts relate to elections for membership of the
Parliament, and
Scotland BillPage 3
(b)
sections 145 to 148 and 150 to 154 of that Act to the extent that
they apply in relation to a provision the subject-matter of which
is reserved by paragraph(a).
The subject-matter of the following sections of the Political Parties,
5Elections and Referendums Act 2000 in relation to elections for
membership of the Parliament—
(a)
section 1 (except in relation to any requirement for the Electoral
Commission to prepare, lay and publish reports about the
performance of its functions),
(b)
10sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it relates
to the law mentioned in those paragraphs),
(c) sections 12, 14 to 71Y, and 101 to 142,
(d)
section 149 (except in relation to the register kept under section
89),
(e) 15sections 157 to 163,
and sections 145 to 148 and 150 to 154 to the extent that they apply in
relation to a provision of that Act the subject-matter of which is
reserved by paragraphs (a) to (e).
Interpretation
20“Digital service” has the meaning given by regulation 3(1) of the
Representation of the People (Scotland) Regulations 2001 as at the day
on which the Scotland Act 2015 received Royal Assent.
“Elections in Scotland” means—
(a) elections for membership of the Parliament, and
(b) 25local government elections in Scotland.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-
matter of the Political Parties, Elections and Referendums Act 2000; and
references to the subject-matter of that Act are to be read as at the day
on which the Scotland Act 2015 received Royal Assent.”
30The subject-matter of sections 2(2A) and (2B) and 12A of this Act.
The combination of—
(a)
polls at elections or referendums that are outside the legislative
competence of the Parliament with polls at—
(i) elections for membership of the Parliament, or
(ii) 35local government elections in Scotland, and
(b)
polls at ordinary general elections for membership of the
Parliament with polls at ordinary local government elections in
Scotland.
The timing of ordinary local government elections in Scotland where
40the poll at such an election would otherwise be held on the same day as
the poll at an ordinary general election to the Parliament.
The digital service for the purposes of applications for registration or
for verifying information contained in such applications in relation to
elections in Scotland.
45The subject-matter of Parts 5 and 6 of the Political Parties, Elections and
Referendums Act 2000 in relation to polls at elections that are within
the legislative competence of the Parliament where they are combined
with polls at elections for membership of the House of Commons and
the European Parliament.
50The subject matter of—
(a)
sections 155 and 156 of the Political Parties, Elections and
Referendums Act 2000, except in relation to Parts 5 and 6 of that
Act so far as those Parts relate to elections for membership of the
Parliament, and
Scotland BillPage 4
(b)
sections 145 to 148 and 150 to 154 of that Act to the extent that
they apply in relation to a provision the subject-matter of which
is reserved by paragraph(a).
The subject-matter of the following sections of the Political Parties,
5Elections and Referendums Act 2000 in relation to elections for
membership of the Parliament—
(a)
section 1 (except in relation to any requirement for the Electoral
Commission to prepare, lay and publish reports about the
performance of its functions),
(b)
10sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it relates
to the law mentioned in those paragraphs),
(c) sections 12, 14 to 71Y, and 101 to 142,
(d)
section 149 (except in relation to the register kept under section
89),
(e) 15sections 157 to 163,
and sections 145 to 148 and 150 to 154 to the extent that they apply in
relation to a provision of that Act the subject-matter of which is
reserved by paragraphs (a) to (e).
Interpretation
20“Digital service” has the meaning given by regulation 3(1) of the
Representation of the People (Scotland) Regulations 2001 as at the day
on which the Scotland Act 2015 received Royal Assent.
“Elections in Scotland” means—
(a) elections for membership of the Parliament, and
(b) 25local government elections in Scotland.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-
matter of the Political Parties, Elections and Referendums Act 2000; and
references to the subject-matter of that Act are to be read as at the day
on which the Scotland Act 2015 received Royal Assent.””
(1)
For sections 12 and 12A of the Scotland Act 1998 (power of Scottish Ministers
and Secretary of State to make provision about elections) substitute—
(1) The Scottish Ministers may by order make provision as to—
(a) 35the conduct of elections for membership of the Parliament,
(b)
the questioning of such an election and the consequences of
irregularities, and
(c)
the return of members of the Parliament otherwise than at an
election.
(2)
40The provision that may be made under subsection (1)(a) includes, in
particular, provision—
(a) about the registration of electors,
(b) for disregarding alterations in a register of electors,
(c) about the limitation of the election expenses of candidates,
Scotland BillPage 5
(d) for the combination of polls but only where—
“(i)
the poll at an ordinary general election for
membership of the Parliament and the poll at a
local government election in Scotland to fill a
5casual vacancy are to be held on the same date,
(ii)
the poll at a by-election for membership of the
Parliament and the poll at an ordinary local
government election in Scotland are to be held
on the same date,
(iii)
10the poll at a by-election for membership of the
Parliament and the poll at a local government
election in Scotland to fill a casual vacancy are to
be held on the same date,
(iv)
the poll at an extraordinary general election for
15membership of the Parliament and the poll at an
ordinary local government election in Scotland
are to be held on the same date, or
(v)
the poll at an extraordinary general election for
membership of the Parliament and the poll at a
20local government election in Scotland to fill a
casual vacancy are to be held on the same date,”
(e)
for modifying the application of section 7(1) where the poll at an
election for the return of a constituency member is abandoned
(or notice of it is countermanded), and
(f)
25for modifying section 8(7) to ensure the allocation of the correct
number of seats for the region.
(3)
The provision that may be made under subsection (1)(c) includes, in
particular, provision modifying section 10(4) to (5A).
(4)
The provision that may be made under subsection (2)(a) does not
30include provision about the use of the digital service for applications
for registration or for verifying information contained in applications
for registration.
(5) An order under subsection (1) may—
(a)
apply, with or without modifications or exceptions, any
35provision made by or under the Representation of the People
Acts or the European Parliamentary Elections Act 2002 or by
any other enactment relating to parliamentary elections,
European Parliamentary elections or local government
elections, and
(b)
40so far as may be necessary in consequence of any provision
made by an order under subsection (1), modify any provision
made by any enactment relating to the registration of
Parliamentary electors or local government electors.
(6)
The return of a member of the Parliament at an election may be
45questioned only under Part 3 of the Representation of the People Act
1983 as applied by an order under subsection (1).
(7)
For the purposes of this Act, the regional returning officer for any
region is the person designated as such in accordance with an order
made by the Scottish Ministers under this subsection.
Scotland BillPage 6
(8)
“Digital service” has the meaning given by regulation 3(1) of the
Representation of the People (Scotland) Regulations 2001 as at the day
on which the Scotland Act 2015 received Royal Assent.”
(1) The Secretary of State may by regulations make provision for—
(a)
the combination of polls at ordinary general elections for
membership of the Parliament with polls at the elections listed
in subsection (2), and
(b)
10the combination of polls at extraordinary general elections for
membership of the Parliament, and by-elections for
membership of the Parliament, with polls at the elections listed
in subsections (2) and (3).
(2) The elections are—
(a) 15early parliamentary general elections,
(b) parliamentary by-elections, and
(c) European parliamentary by-elections.
(3) The elections are—
(a) parliamentary general elections, and
(b) 20European parliamentary general elections.
(4)
The Secretary of State may not make regulations under this section
without the agreement of the Scottish Ministers.
(5) Regulations under subsection (1) may—
(a)
apply, with or without modifications or exceptions, any
25provision made by or under the Representation of the People
Acts or the European Parliamentary Elections Act 2002 or by
any other enactment relating to parliamentary elections,
European Parliamentary elections or local government
elections, and
(b)
30modify any form contained in, or in regulations or rules made
under, the Representation of the People Acts so far as may be
necessary to enable it to be used both for the original purpose
and in relation to elections for membership of the Parliament.””
(2)
In section 15 of the Representation of the People Act 1985 (combination of
35polls) after subsection (5B) insert—
“(5C)
Before making provision under subsection (5) in connection with the
combination of polls where one of the elections is a local government
election in Scotland, the Secretary of State must consult the Scottish
Ministers.””
(1)
Section 2 of the Scotland Act 1998 (ordinary general elections) is amended as
follows.
(2) In subsection (2) from the words “the day” to the end substitute—
“(a) subsection (2A) prevents the poll being held on that day, or
Scotland BillPage 7
(b)
the day of the poll is determined by proclamation under
subsection (5).””
(3)
After subsection (2) insert—
“(2A)
The poll shall not be held on the same date as, or within two months
5before, the date of the poll at—
(a)
a parliamentary general election (other than an early
parliamentary general election), or
(b) a European parliamentary general election.
(2B)
Where subsection (2A) prevents the poll being held on the day
10specified in subsection (2), the poll shall be held on such day, subject to
subsection (2A), as the Scottish Ministers may by order specify.””
(4)
In subsection (3) after “May” insert “, or on the day specified an order under
subsection (2B)”.
(5) In subsection (5) at the beginning insert “Subject to subsection (2A),”.
(6) 15In paragraph 1 of Schedule 7 (procedure for subordinate legislation)—
(a)
in the first column below the entry for section 2(1) insert “section 2(2B)”,
and
(b) in the second column below the first “Type C” insert “Type L”.
(7)
Section 43 of the Representation of the People Act 1983 (day of ordinary local
20elections in Scotland, and other timing provisions) is amended as follows.
(8) At the beginning of subsection (1) insert “Subject to subsection (1ZA),”
(9) After subsection (1) insert—
“(1ZA)
The poll shall not be held on the date specified by subsection (1) where
that date is the same date as the poll at an ordinary general election for
25membership of the Scottish Parliament.
(1ZB) Subsection (1ZA) does not apply to elections to fill a casual vacancy.
(1ZC)
The Scottish Ministers may by order specify an alternative date for the
poll at an ordinary local election where the date of the poll would, by
virtue of subsection (1), be the same date as the poll at an ordinary
30general election for membership of the Scottish Parliament.
(1ZD)
An order made under subsection (1ZC) is subject to the affirmative
procedure.””
(1) The Representation of the People Act 1983 is amended as follows.
(2)
35In section 53 (power to make regulations about registration etc.) after
subsection (8) insert—
“(9)
The power to make regulations under subsections (1) and (3)
containing provision relating to the use of the digital service in relation
to Scotland is exercisable by the Scottish Ministers concurrently with
40the Secretary of State.
(10) In subsection (9)—
Scotland BillPage 8
(a)
“digital service” has the meaning given by regulation 3(1) of the
Representation of the People (Scotland) Regulations 2001 as at
the day on which the Scotland Act 2015 received Royal Assent,
and
(b)
5“use of the digital service” means use of that service for
applications for registration or for verifying information
contained in applications for registration in relation to—
(i) elections for membership of the Scottish Parliament, and
(ii) local government elections in Scotland.
(11)
10Regulations made by the Scottish Ministers by virtue of subsection (9)
may not be made without the agreement of the Secretary of State.
(12)
Subject to subsection (14), regulations made by the Scottish Ministers
by virtue of subsection (9) are subject to the negative procedure.
(13)
For the purposes of the power to make regulations by virtue of
15subsection (9) the following provisions have effect as if the references
to the Secretary of State were references to the Scottish Ministers—
(a) subsections (5) to (7) of this section,
(b) section 201(3) and
(c) paragraphs 1A(3)(b) and (d) of Schedule 2.””
(3) 20At the end of section 10ZC (registration of electors in Great Britain) insert—
“(4)
Subject to regulations under this section, a person may not use the
digital service to make an application for registration for the purposes
of an election in Scotland unless at the time of the application the
person meets the requirements that applied at the commencement of
25section 6 of the Scotland Act 2015 for entitlement to be registered for the
purposes of such an election.
(5)
The power to make regulations about who may use the digital service
in relation to elections in Scotland is exercisable by the Scottish
Ministers concurrently with the Secretary of State.
(6)
30Regulations made by the Scottish Ministers under subsection (5) may
not be made without the agreement of the Secretary of State.
(7)
Regulations made by the Scottish Ministers under subsection (5) are
subject to the negative procedure.
(8)
In this section “digital service” has the meaning given by regulation 3(1)
35of the Representation of the People (Scotland) Regulations 2001 as at
the day on which the Scotland Act 2015 received Royal Assent.
(9) In this section “election in Scotland” means—
(a) an election for membership of the Scottish Parliament, and
(b) a local government election in Scotland.””
(1)
The Political Parties, Elections and Referendums Act 2000 is amended as
follows.
Scotland BillPage 9
(2) After section 72 (campaign expenditure) insert—
(1)
The powers under the following provisions of Schedule 8 are
exercisable by the Scottish Ministers instead of the Secretary of State, so
5far as they relate to polls at elections for membership of the Scottish
Parliament—
(a)
paragraph 3(3) (power to approve a draft code of practice
prepared by the Electoral Commission),
(b)
paragraph 3(7) (power to appoint day when code comes into
10force), and
(c) paragraph 4(1) (power to amend Part 1 of Schedule 8).
(2)
For the purposes of the exercise by the Scottish Ministers of the powers
mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8 apply—
(a)
as if any reference to the Secretary of State were a reference to
15the Scottish Ministers,
(b)
as if any reference to “each House of Parliament”, “each House”,
“either House”, “both Houses” or “Parliament” were a reference
to the Scottish Parliament,
(c)
as if in paragraph 3(9) for the words from “means—” to the end
20there were substituted “means the period of 40 days beginning
with the day on which the draft is laid before the Scottish
Parliament.”
(3)
Subsection (1) does not apply where any other poll is combined with
the poll at an election for membership of the Scottish Parliament.””
(3) 25After section 85 (controlled expenditure of third parties) insert—
(1)
The powers under the following provisions of Schedule 8A are
exercisable by the Scottish Ministers instead of the Secretary of State, so
far as they relate to polls at elections for membership of the Scottish
30Parliament—
(a)
paragraph 3(3) (power to approve a draft code of practice
prepared by the Electoral Commission),
(b)
paragraph 3(7) (power to appoint day when code comes into
force), and
(c) 35paragraph 4(1) (power to amend Part 1 of Schedule 8A).
(2)
For the purposes of the exercise by the Scottish Ministers of the powers
mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8A
apply—
(a)
as if any reference to the Secretary of State were a reference to
40the Scottish Ministers,
(b)
as if any reference to “each House of Parliament”, “each House”,
“either House”, “both Houses” or “Parliament” were a reference
to the Scottish Parliament,
(c)
as if in paragraph 3(9) for the words from “means—” to the end
45there were substituted “means the period of 40 days beginning
with the day on which the draft is laid before the Scottish
Parliament.”