Section 15 of the Scotland Act 1998 13 Ending ambulatory effect of section 15 of the Scotland Act 1998 40 (1) The Scotland Act 1998 is modified as follows. 7 Scottish Elections (Representation and Reform) Bill Part 3—Campaign finance (2) In section 15(1) (disqualification from membership of the Parliament)— (a) in paragraph (a)— (i) for “he is” substitute “the person would be”, (ii) at the end of the paragraph insert “as that Act had effect on 27 April 2022”, 5 (b) in paragraph (b)— (i) for “he is disqualified otherwise than under that Act” substitute “the person would be disqualified”, (ii) at the end of the paragraph insert “under any other enactment or rule of law as that enactment or rule of law had effect on 27 April 2022”. 10 P ART 3 1 C AMPAIGN FINANCE Expenditure in respect of Scottish Parliament elections 14 Notional and third party expenditure: Scottish Parliament elections (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. 15 (2) In section 73 (notional campaign expenditure), in subsection (1A)— (a) after “paragraph 3,” insert “5,”, (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. (3) In section 86 (notional controlled expenditure), in subsection (1A)— 20 (a) after “paragraph 3,” insert “5,”, (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. (4) In section 94 (limits on controlled expenditure by third parties), in subsection (8A)— (a) after “paragraph 3,” insert “5,”, 25 (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. 15 Third parties capable of giving notification (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. (2) In section 88 (third parties recognised for the purposes of Part 6), after subsection (10), 30 insert— “(11) The Scottish Ministers may by regulations amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to Scottish Parliament), by— (a) adding a description of third party to the list in that subsection, 35 (b) removing a description of third party from that list, or (c) varying the description of a third party in that list. 8 Scottish Elections (Representation and Reform) Bill Part 3—Campaign finance (12) Regulations under subsection (11)(b) or (c) may only be made where the regulations give effect to a recommendation of the Commission.”. (3) In section 156 (orders and regulations), in subsection (4D)— (a) after “apply to” insert “any regulations under section 88(11) or”, and 5 (b) for “such order” substitute “such regulations or orders”. 16 Restriction on which third parties may incur controlled expenditure (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. (2) After section 89A insert— “89B Restriction on which third parties may incur controlled expenditure: 10 Scottish Parliament elections 1 (1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Scottish devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification). 15 (2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Scottish devolved regulated period which do not in total exceed £700. (3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1). 20 (4) If the third party is not an individual— (a) any person who authorised the expenses to be incurred by or on behalf of the third party commits an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and 25 (b) the third party also commits an offence. (5) If the third party is an individual, the individual commits an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1). (6) In this section a “Scottish devolved regulated period” means a period in relation 30 to which any limit is imposed by paragraph 5 of Schedule 10 (general elections to the Scottish Parliament).”. (3) In schedule 20 (penalties), at the appropriate place in the table insert— 33 “Section 89B(4) and (5) (incurring On summary conviction in Scotland: 34 controlled expenditure in contravention of statutory maximum 35 section 89B(1)) On indictment in Scotland: fine”. 9 Scottish Elections (Representation and Reform) Bill Part 3—Campaign finance 17 Transitional provision: offences relating to third party expenditure (1) The amendments made by section 16 have effect only in relation to a Scottish devolved regulated period beginning on or after the day on which section 16 comes fully into force. 5 (2) In subsection (1) “a Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 of the Political Parties, Elections and Referendums Act 2000 (general elections to the Scottish Parliament). 18 Code...