Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill
The Bill ensures all nationals of Luxembourg, Poland, Portugal and Spain are allowed to stand as candidates in Scottish local government elections.
The UK has entered into treaties with these countries to allow their nationals to be candidates here. The Bill puts this into law. Without this Bill, nationals from these countries must have settled status or pre-settled status to stand as candidates. If this Bill is passed, it will be enough that they have any type of leave to remain in the UK.
The Bill also allows the Scottish Ministers to add to the list of countries who have this arrangement using regulations. The Scottish Ministers must (and can only) use this power to add a country to the list if that country is entering into a treaty with the UK. They also have the power to remove a country from this list if that country stops being party to a treaty.
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill as introduced
The Bill was passed on 09 June 2022 and became an Act on 19 July 2022
Contents
Introduced
The Scottish Government introduces the Bill and accompanying documents to the Parliament which publishes the Bill.
The Bill was introduced on 07 February 2022
Bill as introduced
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill as introduced (255KB, pdf) posted 07 February 2022
Financial resolution
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
Related information form the Scottish Government on the bill
Explanatory Notes
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill explanatory notes (132KB, pdf) posted 07 February 2022
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill explanatory notes (print version) (155KB, pdf) posted 07 February 2022
Explanation of the Bill
Policy Memorandum
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill policy memorandum (173KB, pdf) posted 07 February 2022
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill policy memorandum (print version) (220KB, pdf) posted 07 February 2022
Why the Bill is being introduced
Financial Memorandum
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill financial memorandum (142KB, pdf) posted 07 February 2022
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill financial memorandum (print version) (188KB, pdf) posted 07 February 2022
How much the Bill is likely to cost
Delegated Powers Memorandum
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill delegated powers memorandum (105KB, pdf) posted 07 February 2022
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill delegated powers memorandum (print version) (203KB, pdf) posted 07 February 2022
Information on the powers the Bill gives the Scottish Ministers and others to make “secondary legislation” (usually regulations) and to the Scottish Ministers (such as to make guidance).
Statements on Legislative Competence
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill legislative competence (89KB, pdf) posted 07 February 2022
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill legislative competence (print version) (139KB, pdf) posted 07 February 2022
Statements on whether the Bill is within the Parliament’s “legislative competence” (if the Parliament has the power to make the changes to the law proposed by the Bill).
Scottish Parliament research on the Bill
Read the research done by the Scottish Parliament on specific parts of the Bill: