Scotland Bill (HC Bill 48)

Part 1 Constitutional arrangements

The Scottish Parliament and the Scottish Government

1 The Scottish Parliament and the Scottish Government

(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—”.”

The Sewel convention

2 The Sewel convention

In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the
end add—

“(8) 5But 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.””

Elections etc

3 Elections

(1) 10Section 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) Elections for membership of the House of Commons and the European
Parliament”.”

(3) 15For “, the European Parliament and the Parliament” substitute “and the
European Parliament”.

(4) Omit “The franchise at local government elections.”

(5) At the end insert—

“(B) Elections for membership of the Parliament and local government elections in
20Scotland

The 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) 25elections for membership of the Parliament, or

(ii) local 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.

30The 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 for membership of the
Parliament.

Any digital service provided by a Minister of the Crown for the
35registration of electors.

The subject matter of—

(a) Parts 5 and 6 of the Political Parties, Elections and Referendums
Act 2000 (expenditure in connection with elections) in relation
to an election within the legislative competence of the
40Parliament, where the poll at the election is combined with the

poll at an election for membership of the House of Commons or
the European Parliament, and

(b) sections 145 to 148 and 150 to 154 of that Act (enforcement) as
they apply for the purposes of Part 5 or 6, so far as the subject-
5matter of that Part is reserved by paragraph (a).

The 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
10Parliament, and

(b) sections 145 to 148 and 150 to 154 of that Act as they apply for
the purposes of section 155 or 156, so far as the subject-matter of
that section is reserved by paragraph (a).

The subject-matter of the following sections of the Political Parties,
15Elections 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) 20sections 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, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G,
71H to 71Y and 140A,

(d) section 149 (except in relation to the register kept under section
2589),

(e) sections 157 and 159 to 163,

and sections 145 to 148 and 150 to 154 as they apply for the purposes of
a provision mentioned in paragraphs (a) to (e), so far as the subject
matter of that provision is reserved by those paragraphs.

30Interpretation

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.”

35The 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) 40local 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
45the poll at such an election would otherwise be held on the same day as
the poll at an ordinary general election for membership of the
Parliament.

Any digital service provided by a Minister of the Crown for the
registration of electors.

50The subject matter of—

(a) Parts 5 and 6 of the Political Parties, Elections and Referendums
Act 2000 (expenditure in connection with elections) in relation
to an election within the legislative competence of the
Parliament, where the poll at the election is combined with the

poll at an election for membership of the House of Commons or
the European Parliament, and

(b) sections 145 to 148 and 150 to 154 of that Act (enforcement) as
they apply for the purposes of Part 5 or 6, so far as the subject-
5matter of that Part is reserved by paragraph (a).

The 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
10Parliament, and

(b) sections 145 to 148 and 150 to 154 of that Act as they apply for
the purposes of section 155 or 156, so far as the subject-matter of
that section is reserved by paragraph (a).

The subject-matter of the following sections of the Political Parties,
15Elections 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) 20sections 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, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G,
71H to 71Y and 140A,

(d) section 149 (except in relation to the register kept under section
2589),

(e) sections 157 and 159 to 163,

and sections 145 to 148 and 150 to 154 as they apply for the purposes of
a provision mentioned in paragraphs (a) to (e), so far as the subject
matter of that provision is reserved by those paragraphs.

30Interpretation

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.””

4 35Power to make provision about elections

(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—

“12 Power of the Scottish Ministers to make provision about elections

(1) The Scottish Ministers may by order make provision as to—

(a) 40the 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) 45The 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,

(d) for the combination of polls but only where—

“(i) 5the poll at an ordinary general 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,

(ii) the poll at a by-election for membership of the
10Parliament and the poll at an ordinary local
government election in Scotland are to be held
on the same date,

(iii) the poll at a by-election for membership of the
Parliament and the poll at a local government
15election in Scotland to fill a casual vacancy are to
be held on the same date,

(iv) the poll at an extraordinary general election for
membership of the Parliament and the poll at an
ordinary local government election in Scotland
20are 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
local government election in Scotland to fill a
casual vacancy are to be held on the same date,”

(e) 25for 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) for modifying section 8(7) to ensure the allocation of the correct
number of seats for the region.

(3) 30The 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
include provision about the use of any digital service provided by a
Minister of the Crown for the registration of electors.

(5) 35An order under subsection (1) may—

(a) apply, with or without modifications or exceptions, any
provision 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,
40European Parliamentary elections or local government
elections, and

(b) so 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
45parliamentary electors or local government electors.

(6) The return of a member of the Parliament at an election may be
questioned 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.”

“12A Power of the Secretary of State to make provision about the
5combination of polls

(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.””

5 40Timing of elections

(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

(b) the day of the poll is determined by a proclamation under
subsection (5).””

(3)
After subsection (2) insert—

“(2A) The poll shall not be held on the same date as the date of the poll at—

(a) 5a 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
specified in subsection (2), the poll shall be held on such day, subject to
10subsection (2A), as the Scottish Ministers may by order specify.””

(4) In subsection (3) after “May” insert “, or on the day specified by an order under
subsection (2B)”.

(5) In subsection (5) at the beginning insert “Subject to subsection (2A),”.

(6) In paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) in the
15appropriate place insert—

(7) Section 43 of the Representation of the People Act 1983 (day of ordinary local
elections in Scotland, and other timing provisions) is amended as follows.

(8) At the beginning of subsection (1) insert “Subject to subsection (1ZA),”.

(9) 20After 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
membership of the Scottish Parliament.

(1ZB) Subsection (1ZA) does not apply to elections to fill a casual vacancy.

(1ZC) 25The 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
general election for membership of the Scottish Parliament.

(1ZD) An order made under subsection (1ZC) is subject to the affirmative
30procedure.””

6 Electoral registration: the digital service

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

(2) In section 53 (power to make regulations about registration etc.) after
subsection (8) insert—

“(9) 35The power to make regulations under subsections (1) and (3) is
exercisable by the Scottish Ministers concurrently with the Secretary of
State for the purposes of making provision about the use, in relation to
elections in Scotland, of any digital service provided by a Minister of
the Crown for the registration of electors.

(10) In subsection (9) “elections in Scotland” means—

(a) elections for membership of the Scottish Parliament, or

(b) local government elections in Scotland.

(11) Regulations made by the Scottish Ministers by virtue of subsection (9)
5may not be made without the agreement of the Secretary of State.

(12) 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
subsection (9) the following provisions have effect as if the references
10to 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) At the end of section 10ZC (registration of electors in Great Britain) insert—

“(4) 15Subject to regulations under this section, a person may not use a digital
service provided by a Minister of the Crown for the registration of
electors 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 section 6
20of 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) 25Regulations 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 “election in Scotland” means—

(a) 30an election for membership of the Scottish Parliament, or

(b) a local government election in Scotland.””

7 Expenditure in connection with elections

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

(2) 35After section 72 (campaign expenditure) insert—

“72A Campaign expenditure: power of Scottish Ministers

(1) The powers under the following provisions of Schedule 8 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
40Parliament—

(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) 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
5mentioned 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
the Scottish Ministers,

(b) as if any reference to “each House of Parliament”, “each House”,
“either House”, “both Houses” or “Parliament” were a reference
10to the Scottish Parliament,

(c) as if in paragraph 3(9) for the words from “means—” to the end
there were substituted “means the period of 40 days beginning
with the day on which the draft is laid before the Scottish
Parliament.”

(3) 15Subsection (1) does not apply where any other poll is combined with
the poll at an election for membership of the Scottish Parliament.””

(3) After section 85 (controlled expenditure of third parties) insert—

“85A Controlled expenditure of third parties: power of Scottish Ministers

(1) The powers under the following provisions of Schedule 8A are
20exercisable by the Scottish Ministers instead of the Secretary of State, so
far 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) 25paragraph 3(7) (power to appoint day when code comes into
force), and

(c) paragraph 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
30apply—

(a) as if any reference to the Secretary of State were a reference to
the Scottish Ministers,

(b) as if any reference to “each House of Parliament”, “each House”,
“either House”, “both Houses” or “Parliament” were a reference
35to the Scottish Parliament,

(c) as if in paragraph 3(9) for the words from “means—” to the end
there were substituted “means the period of 40 days beginning
with the day on which the draft is laid before the Scottish
Parliament.”

(3) 40Subsection (1) does not apply where any poll is combined with the polls
at elections for membership of the Scottish Parliament.””

(4) After section 95 (control of donations to recognised third parties) insert—

“95ZA Control of donation to recognised third parties: power of Scottish
Ministers

(1) 45The powers under the following provisions of Schedule 11 are
exercisable by the Scottish Ministers instead of the Secretary of State, so