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Scottish Elections (Representation and Reform) Bill

The Bill changes the law affecting Scottish Parliament elections and Scottish local government elections.

This is a Government bill

The Bill was introduced on 23 January 2024 and is at Stage 2

Introduced: the Bill and its documents

Overview

The Bill makes several changes to the law affecting Scottish Parliament elections and Scottish local government elections.

These changes include:

  • allowing certain foreign nationals (people who have the right to live in Scotland but do not have British citizenship) to stand for election
  • creating a new rule that would prevent a person from standing as a candidate if they have committed an offence involving the intimidation of election staff or people standing for election
  • changes to how much money can be spent during an election campaign, especially in relation to groups or campaigners that are not a political party or a candidate
  • enhancing the Parliament’s Presiding Officer’s power to delay Scottish Parliament elections, and by-elections, in emergency situations
  • making it easier to arrange election pilots, which aim to increase voting engagement
  • allowing the Scottish Government to fund activities to increase democratic engagement
  • clarifying the information that needs to be on digital election materials posted by an organisation that isn’t a regulated campaigner
  • creating an offence if people do not follow the rules on the information that should be on digital election materials
  • changing the deadline date for the Boundaries Scotland report on local government boundaries and the number of councillors in those boundaries from 31 December 2028 to 30 April 2031
  • changing the ways in which Scottish Parliament scrutinises the activities of the Electoral Commission in relation to Scottish Parliament and local elections
  • making the Electoral Management Board for Scotland an organisation that is formally constituted in law with certain obligations

Why the Bill was created

In 2014, the Smith Commission published a report that set out what further powers should be devolved to the Scottish Parliament.

An area the Commission considered was Scottish Parliament and Scottish local government elections. In its report, the Commission recommended that the Scottish Parliament and Scottish Ministers should have more control of these.

This Bill makes some changes proposed by the Scottish Government in some of the areas where the Scottish Parliament and Scottish Ministers now have control.

Accompanying Documents

Explanatory Notes (296KB, pdf) posted 23 January 2024

Policy Memorandum (418KB, pdf) posted 23 January 2024

Financial Memorandum (377KB, pdf) posted 23 January 2024

Delegated Powers Memorandum (192KB, pdf) posted 23 January 2024

Statements on legislative competence (100KB, pdf) posted 23 January 2024

Accompanying Documents (print versions)

Explanatory Notes (358KB, pdf) posted 23 January 2024

Policy Memorandum (599KB, pdf) posted 23 January 2024

Financial Memorandum (358KB, pdf) posted 23 January 2024

Delegated Powers Memorandum (316KB, pdf) posted 23 January 2024

Statements on legislative competence (160KB, pdf) posted 23 January 2024

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Scottish Elections (Representation and Reform) Bill

The Bill was introduced on 23 January 2024

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

Parliament agreed that consideration of the Bill at Stage 1 be completed by 28 June 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.

Call for views (closed)

The Standards, Procedures and Public Appointments Committee held a call for views to help inform its examination of the Bill.

Read the call for views

Read the summary of responses (296KB, pdf) posted 12 April 2024

Meetings of the lead committee

Correspondence: lead committee

Scottish Elections Representation and Reform Bill 20 June 2024

Letter from the Minister for Parliamentary Business

Scottish Elections Representation and Reform Bill 12 June 2024

Letter from For Women Scotland 12 June 2024

Scottish Elections Representation and Reform Bill 6 June 2024

Letter from Andy O'Neill Electoral Commission for Scotland dated 6 June 2024

Scottish Elections Representation and Reform Bill 5 June 2024

Letter from Engender dated 5 June 2024

Scottish Elections Representation and Reform Bill 28 May

Letter from Electoral Management Board to Minister for Parliamentary Business dated 28 May 2024

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The Standards, Procedures and Public Appointments Committee published its report on 18 June 2024.

Scottish Elections (Representation and Reform) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Minister for Parliamentary Business (375KB, pdf) posted 24 June 2024

Work by other committees

Local Government, Housing and Planning Committee

Meetings


Finance and Public Administration Committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 18 March 2024.

Read the report


Stage 1 Debate and decision

A Stage 1 debate took place on 27 June 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Scottish Elections (Representation and Reform) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Scottish Elections (Representation and Reform) Bill.
  • Submitted by: Jamie Hepburn
  • Date lodged: Monday, 24 June 2024
  • Motion reference: S6M-13758
  • Current status: Taken in the Chamber on Thursday, 27 June 2024

See further details of the motion


  • Motion title: Scottish Elections (Representation and Reform) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Scottish Elections (Representation and Reform) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Wednesday, 05 June 2024
  • Motion reference: S6M-13523
  • Current status: Taken in the Chamber on Thursday, 27 June 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 27 June 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable for Stage 2

On 2 October 2024, Parliament agreed motion S6M-14734, that consideration of the Scottish Elections (Representation and Reform) Bill at Stage 2 be completed by 15 November 2024.

Stage 2 Amendments

MSPs can currently submit amendments ("changes") to the Bill.  A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

The deadline for amendments is 12 noon on Friday 1 November 2024.

Meetings of the Standards, Procedures and Public Appointments Committee

Stage 2 Correspondence

Scottish Elections (Representation and Reform) Bill

Letter from the Minister for Parliamentary Business to the Convener, 12 September 2024

Scottish Elections (Representation and Reform) Bill

Letter from the Convener to the Minister for Parliamentary Business, 6 September 2024

Scottish Elections (Representation and Reform) Bill

Letter from the Minister for Parliamentary Business to the convener, 2 September 2024

See a full list of Stage 2 correspondence

Bill as amended at Stage 2

The Bill as amended will be published following Stage 2 proceedings.