Scottish Elections (Reform) Bill 5 Part 2—Electoral Commission (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— (a) in its original form, or (b) in a form which incorporates any modifications determined under 5 subsection (3). (5) If the draft incorporates any modifications determined under subsection (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making the modifications. (6) If, within the 40-day period, the Scottish Parliament resolves not to approve the 10 draft code, the Scottish Ministers must take no further steps in relation to the draft code. (7) If no such resolution is made within the 40-day period— (a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and 15 (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate. (8) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament. (9) In this section, “the 40-day period”, in relation to the draft code, means the 20 period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). (10) In this section, references to a draft code include references to a draft revised code.”. 25 9 Expenditure of candidates at Scottish local government elections In schedule 4B of the Representation of the People Act 1983 (Scottish local government elections: election expenses) (as inserted by section 17(4) of the Local Electoral Administration and Registration Services (Scotland) Act 2006), after paragraph 12 insert— 30 ART 2A “P GUIDANCE BY THE ELECTORAL COMMISSION 12A(1) The Commission may prepare, and from time to time revise, a code of practice giving— (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 35 of this schedule, (b) guidance (supplementing the definition in section 90ZB) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate’s election. (2) Once the Commission have prepared a draft code under this paragraph, the 40 Commission must submit it to the Scottish Ministers for their approval. (3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. 6 Scottish Elections (Reform) Bill Part 2—Electoral Commission (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— (a) in its original form, or (b) in a form which incorporates any modifications determined under sub- 5 paragraph (3). (5) If the draft incorporates any modifications determined under sub-paragraph (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them. (6) If, within the 40-day period, the Scottish Parliament resolves not to approve the 10 draft code, the Scottish Ministers must take no further steps in relation to the draft code. (7) If no such resolution is made within the 40-day period— (a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and 15 (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate. (8) Sub-paragraph (6) does not prevent a new draft code from being laid before the Scottish Parliament. (9) In this paragraph, “the 40-day period”, in relation to the draft code, means the 20 period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). (10) In this Part, references to a draft code include references to a draft revised code.”. 25 10 Attendance of observers at Scottish parliamentary elections (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows. (2) In section 6F(1) (code of practice on attendance of observers at elections etc.), after “than” insert “a Scottish parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and”. 30 (3) After section 6F insert— “6FA Code of practice on attendance of observers at Scottish parliamentary elections (1) The Commission must prepare a code of practice on the attendance of— (a) representatives of the Commission, 35 (b) accredited observers, and (c) nominated members of accredited organisations, at Scottish parliamentary general elections and elections under section 9 of the Scotland Act 1998 (constituency vacancies). (2) The code must, in particular— 40 (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission, Scottish Elections (Reform) Bill 7 Part 2—Electoral Commission (b) specify the criteria to be taken into account by the Commission in determining such applications, (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section, 5 (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section, (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings 10 relating to an election as it relates to a person having such permission, (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D. (3) The code may make different provision for different purposes. 15 (4) Before preparing the code, the Commission must consult the Scottish Ministers. (5) The Commission must lay the code before the Scottish Parliament. (6) The Commission must publish the code (in such manner as the Commission may determine). 20 (7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E— (a) the Commission, (b) representatives of the Commission, (c) relevant officers (within the meaning of section 6E). 25 (8) The Commission may at any time revise the code. (9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.”. 11 Controlled expenditure of third parties at Scottish local government elections In section 85A(1) of the Political Parties, Elections and Referendums Act 2000 30 (controlled expenditure of third parties: power of Scottish Ministers), after “Parliament” insert “and local government elections in Scotland”.