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Under agenda item 4, we are considering five instruments. An issue has been raised on the following instrument.
Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) Order 2025 (SSI 2025/288)
The purpose of this instrument is to bring into force the “Non-Party Campaigner Campaign Expenditure (Scottish Parliament Elections) Code of Practice 2025”, a draft of which was laid before the Parliament on 16?September 2025.
However, concerns have been raised about the statutory consultation that the Electoral Commission was required to undertake with the Scottish Parliament on a draft of the code. Consequently, the Scottish Government withdrew that draft code on 5?November and laid a new version on 10?November. The Scottish Government has advised that, this week, it will make and lay a further instrument, which will revoke and replace this SSI.
Correspondence related to this instrument, which contains additional information, has been published alongside the papers for today’s meeting.
Notwithstanding that context, the committee is required, under standing orders, to consider the present instrument against the reporting grounds and to report on it within the usual timescales.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (e), in that there appears to be a doubt about whether the instrument is intra vires, due to concerns about the preparation of the draft code that the instrument brings into force, because the draft code laid on 16 September appears not to have been prepared in accordance with a statutory precondition and, as a result, has been withdrawn?
Members indicated agreement.
Does the committee wish to welcome the Scottish Government’s intention to revoke this instrument?
Members indicated agreement.
Does the committee wish to note that this report on ground (e) arises not from a defect in the drafting of the instrument, but from doubts about the consultation process that the Electoral Commission was required to undertake before it submitted the draft code to the Scottish Government for its consideration?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Good Food Nation (Scotland) Act 2022 (Commencement No 4) Regulations 2025 (SSI 2025/291)
Act of Sederunt (Intimation and Service) 2025 (SSI 2025/301)
Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (SSI 2025/302)
Economic Crime and Corporate Transparency Act 2023 (Commencement) (Scotland) Regulations 2025 (SSI 2025/304)
Is the committee content with the instruments?
Members indicated agreement.
That concludes the public part of the meeting.
10:05 Meeting continued in private until 10:06.