P ART 3 F INAL PROVISIONS 20 Regulations in connection with recall 21 Power to make further provision about processes, etc. (1) The Scottish Ministers may by regulations make any provision that would be within the legislative competence of the Parliament, if included in an Act of the Scottish Parliament, as to— 25 (a) the conduct of recall processes, (ba) campaigning to promote a particular outcome of a recall process, including expenditure incurred in relation to such campaigning (“campaign expenditure”), (c) the questioning of such a process and the consequences of irregularities. (1A) But powers to make subordinate legislation cannot be conferred by regulations under 30 subsection (1). (2) For the avoidance of doubt, regulations under subsection (1) may— (a) modify any enactment (including this Act), (b) create criminal offences. (3) Regulations under subsection (1) may, in particular— 35 (a) apply, with or without modifications or exceptions, any provision made by or under— (i) the Representation of the People Acts, 19 Scottish Parliament (Recall of Members) Bill Part 3—Final provisions (ii) section 12 of the Scotland Act 1998, (iii) the Political Parties, Elections and Referendums Act 2000, (iiia) the Elections Act 2022, (iiib) the Scottish Elections (Representation and Reform) Act 2025, 5 (iv) any other enactment relating to elections for membership of the Parliament, and (b) so far as may be necessary in consequence of any provision made by or under subsection (1), modify any provision made by any enactment relating to the registration of electors in any register of electors maintained under Part 1 of the 10 Representation of the People Act 1983, 1 (c) enable a returning officer to have other persons discharge functions on the officer’s behalf, (d) make provision about the days, and times of day, that must or must not be designated under section 6(1)(c), 15 (da) make provision about the times of day that must or must not be designated under section 17A(1)(c), (e) make provision enabling a returning officer to limit where people entitled to sign a recall petition or vote in a recall poll may do so in person to only one, or some, of the places at which the petition is to be made available for signing or (as the 20 case may be) votes in the poll may be cast. (4) Regulations under subsection (1)(ba) may, in particular, include provision for or about— (a) activities which are, or are not, to be treated as campaigning to promote a particular outcome of a recall process, (b) in relation to campaign expenditure— 25 (i) expenditure which is, or is not, to be treated as campaign expenditure, (ii) persons who may authorise or incur campaign expenditure, (iii) limits on the amount of campaign expenditure which may be incurred (including limits on the amount incurred by particular persons or in relation to particular activities), 30 (iv) different categories of person to whom different limits on campaign expenditure apply, including requirements to be complied with in order to fall within a particular category, (v) periods within which limits on campaign expenditure apply, (vi) periods within which payments for campaign expenditure are to be made, 35 (vii) donations towards campaign expenditure, including persons who may make or receive a donation, (viii) amounts to be treated as campaign expenditure, or donations towards such expenditure, in respect of the use of property, services or facilities provided free of charge or at less than a commercial rate, 40 (ix) the keeping of records and making of returns in relation to campaign expenditure and donations towards such expenditure. 20 Scottish Parliament (Recall of Members) Bill Part 3—Final provisions 21A Consultation with Electoral Commission on section 21 regulations (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. (2) In section 7 (Commission to be consulted on changes to electoral law), in subsection (2), after paragraph (k) insert— 5 “(l) regulations under section 21 of the Scottish Parliament (Recall of Members) Act 2025 (power to make further provision about processes, etc.).”. 22 Power to replace references with actual dates The Scottish Ministers may by regulations modify any provision in this Act to replace 10 a reference to the day on which a provision comes into force with the actual date on 1 which it came into force. 29 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for 15 the purposes of, in connection with or for giving full effect to this Act or any provision made under it. (2) Regulations under this section may modify any enactment (including this Act). 30 Regulation-making powers (1) A power to make regulations conferred by this Act (other than section 31(2)) includes 20 the power to make different provision for different purposes. (2) Regulations under section 21 are subject to the affirmative procedure. (3) Regulations under section 29— (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but 25 (b) otherwise are subject to the negative procedure.