C HAPTER 4 F URTHER PROVISION IN RELATION TO RECALL 5 Courts to notify Presiding Officer about matters relevant to the criminal-offence ground 18 Notice if member convicted (1) A court must give notice to the Presiding Officer when— (a) a member has been convicted of an offence, (b) in respect of that offence, the court sentences or orders the member to be 10 imprisoned or detained, and 1 (c) assuming that conviction, sentence or order is not materially overturned on appeal, the criminal-offence ground will apply in relation to the member as a result. (2) But subsection (1) does not require notice to be given if, subsequent to the sentence being imposed or the order made, the convicted person has vacated the seat in the 15 Parliament that the person held at the time of conviction. (3) A notice under subsection (1) is to state— (a) the name of the member, (b) the basis on which the court considers that the conviction and the sentence or order causes the criminal-offence ground to apply in relation to the member, and 20 (c) whether an appeal may be brought in respect of the conviction, sentence or order. 19 Notice if appeal brought (1) If an appeal is brought at the conclusion of which a relevant sentence or order could be materially overturned, the court before which the appeal is brought must notify the Presiding Officer of that fact. 25 (2) But subsection (1) does not require notice to be given if, subsequent to the sentence being imposed or the order made, the convicted person has vacated the seat in the Parliament that the person held at the time of the conviction for the offence in respect of which the sentence was imposed or the order made. (3) In subsection (1), “relevant sentence or order” means a sentence or order in relation to 30 a member which, assuming it is not materially overturned on appeal, would cause the criminal-offence ground to apply in relation to a member. 20 Notice of appeal outcome (1) A court must give notice to the Presiding Officer when it determines or otherwise disposes of an appeal at the conclusion of which a relevant sentence or order could have 35 been materially overturned. (2) But subsection (1) does not require notice to be given if, subsequent to the sentence being imposed or the order made, the convicted person has vacated the seat in the 13 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 4—Further provision in relation to recall Parliament that the person held at the time of the conviction for the offence in respect of which the sentence was imposed or the order made. (3) A notice under subsection (1) is to state— (a) the name of the member, 5 (b) whether the sentence or order mentioned in subsection (1) has been materially overturned, and (c) whether any further appeal may be brought in which a relevant sentence or order may be overturned. (4) In this section, “relevant sentence or order” has the meaning given in section 19(3). 10 Regulations in connection with recall 1 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— 15 (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 20 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— 25 (a) apply, with or without modifications or exceptions, any provision made by or under— (i) the Representation of the People Acts, (ii) section 12 of the Scotland Act 1998, (iii) the Political Parties, Elections and Referendums Act 2000, 30 (iiia) the Elections Act 2022, (iiib) the Scottish Elections (Representation and Reform) Act 2025, (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 35 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 Representation of the People Act 1983, 14 Scottish Parliament (Recall and Removal of Members) Bill Part 1—Recall of members of the Scottish Parliament Chapter 4—Further provision in relation to recall (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), 5 (e) make provision enabling a returning officer to limit where people entitled to sign a recall petition or give a 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 case may be) votes in the poll may be cast. (4) Regulations under subsection (1)(ba) may, in particular, include provision for or about— 10 (a) activities which are, or are not, to be treated as campaigning to promote a particular 1 outcome of a recall process, (b) in relation to campaign expenditure— (i) expenditure which is, or is not, to be treated as campaign expenditure, (ii) persons who may authorise or incur campaign expenditure, 15 (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), (iv) different categories of person to whom different limits on campaign expenditure apply, including requirements to be complied with in order to 20 fall within a particular category, (v...