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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025 No. 106 (C. 10) URL: https://www.bailii.org/scot/legis/num_reg/2025/ssi_2025106_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
CONSTITUTIONAL LAW
REPRESENTATION OF THE PEOPLE
Made
1st April 2025
Laid before the Scottish Parliament
3rd April 2025
Coming into force
14th April 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 73 of the Scottish Elections (Representation and Reform) Act 2025( 1) and all other powers enabling them to do so.
1.—(1) These Regulations may be cited as the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025 and come into force on 14 April 2025.
(2) In these Regulations “ the Act” means the Scottish Elections (Representation and Reform) Act 2025.
2.—(1) The day appointed for the coming into force of the provisions of the Act specified in—
(a) column 1 of the table in Part 1 of the schedule is 14 April 2025,
(b) column 1 of the table in Part 2 of the schedule is 1 August 2025,
(c) column 1 of the table in Part 3 of the schedule is 1 October 2025.
(2) The subject matter of those provisions is specified in column 2 of those tables.
JAMIE HEPBURN
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
1st April 2025
Regulation 2
| Column 1 | Column 2 |
|---|---|
| (Provisions of the Act) | (Subject matter) |
| Sections 3, 4 and 5 | Disqualification of MPs, members of the House of Lords and councillors |
| Section 22 | Third parties capable of giving notification |
| Section 25 | Code of practice on controls relating to third parties |
| Section 31 | Rescheduling of by-elections |
| Section 34 | Power of returning officer to postpone or cancel by-election |
| Section 35 | Review of order of candidates on ballot papers used at elections |
| Section 39 | Pilot scheme under the Scottish Local Government (Elections) Act 2002 |
| Sections 40, 41, 42 and 43 | Pilot for registration of electors |
| Section 44 | Funding to increase democratic engagement |
| Section 45 | Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004 |
| Section 58 | Guidance regarding information to be included with certain electronic material at Scottish elections |
| Section 60 | Scottish Ministers regulation making powers |
| Section 61 | Consequential revocations |
| Sections 64, 65, 66, 67 and 68 | Electoral Commission |
| Column 1 | Column 2 |
|---|---|
| (Provisions of the Act) | (Subject matter) |
| Sections 1 and 2 | Candidacy rights etc. of foreign nationals |
| Sections 6 and 7 | Disqualifications relating to sexual offences and notification requirements |
| Sections 8, 9, 10, 11, 12, 13, 14 and the schedule | Scottish disqualification orders |
| Sections 15, 16 and 17 | Disqualification orders under the Elections Act 2022 |
| Sections 18 and 19 | Temporary relief from disqualification |
| Section 20 | Ending the ambulatory effect of section 15 of the Scotland Act 1998 |
| Section 21 | Notional and third party expenditure: Scottish Parliament elections |
| Section 23 | Restriction on which third parties may incur controlled expenditure |
| Section 24 | Transitional provision: offences relating to third party expenditure |
| Section 26 | Notional expenditure: local government elections |
| Sections 62 and 63 | Boundaries Scotland |
| Column 1 | Column 2 |
|---|---|
| (Provisions of the Act) | (Subject matter) |
| Section 27 | Power of Presiding Officer to postpone ordinary election |
| Section 28 | Power of Presiding Officer to schedule extraordinary general elections |
| Section 29 | Election of new Presiding Officer: extension of period |
| Section 30 | Choice of new First Minister after changed election date |
| Section 32 | Power of convenor of Electoral Management Board to postpone ordinary local election |
| Section 33 | Power of returning officer to postpone election for their area |
| Sections 36, 37 and 38 | Home addresses of candidates and agents |
| Section 46 | Access to Elected Office Fund |
| Section 47 | Application of this Part |
| Section 48 | Key definitions |
| Section 49 | Further definitions relating to candidates, parties and elections |
| Section 50 | Electronic material: conditions for application of section 52 |
| Section 51 | Purpose of the electronic material |
| Section 52 | Requirement to include information |
| Section 53 | Exceptions to requirement in section 52 |
| Section 54 | Offence of breaching section 52 |
| Section 55 | Individual culpability where organisation commits an offence |
| Section 56 | Enforcement by the Electoral Commission |
| Section 57 | Supply of information |
| Section 59 | Electoral Commission’s annual report |
(This note is not part of the Regulations)
These Regulations bring into force provisions of the Scottish Elections (Representation and Reform) Act 2025 (“ the Act”) on three different dates. The provisions listed in Part 1 of the schedule are brought into force on 14 April 2025. The provisions listed in Part 2 of the schedule are brought into force on 1 August 2025. The provisions listed in Part 3 of the schedule are brought into force on 1 October 2025.
The Bill for the Act received Royal Assent on 29 January 2025. Sections 72, 73 and 74 of the Act were brought into force on 30 January 2025 by section 73(1) of the Act.