The Bill changes the law affecting Scottish Parliament elections and Scottish local government elections.
This is a Government bill
The Bill was introduced on 23 January 2024 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
The Bill makes several changes to the law affecting Scottish Parliament elections and Scottish local government elections.
These changes include:
In 2014, the Smith Commission published a report that set out what further powers should be devolved to the Scottish Parliament.
An area the Commission considered was Scottish Parliament and Scottish local government elections. In its report, the Commission recommended that the Scottish Parliament and Scottish Ministers should have more control of these.
This Bill makes some changes proposed by the Scottish Government in some of the areas where the Scottish Parliament and Scottish Ministers now have control.
Scottish Elections (Representations and Reform) (Scotland) Bill as introduced (2MB, pdf) posted 23 January 2024
Explanatory Notes (296KB, pdf) posted 23 January 2024
Policy Memorandum (418KB, pdf) posted 23 January 2024
Financial Memorandum (377KB, pdf) posted 23 January 2024
Delegated Powers Memorandum (192KB, pdf) posted 23 January 2024
Statements on legislative competence (100KB, pdf) posted 23 January 2024
Explanatory Notes (358KB, pdf) posted 23 January 2024
Policy Memorandum (599KB, pdf) posted 23 January 2024
Financial Memorandum (358KB, pdf) posted 23 January 2024
Delegated Powers Memorandum (316KB, pdf) posted 23 January 2024
Statements on legislative competence (160KB, pdf) posted 23 January 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Scottish Elections (Representation and Reform) Bill
The Bill was introduced on 23 January 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
Parliament agreed that consideration of the Bill at Stage 1 be completed by 28 June 2024.
The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Standards, Procedures and Public Appointments Committee held a call for views to help inform its examination of the Bill.
Read the summary of responses (296KB, pdf) posted 12 April 2024
Letter from the Minister for Parliamentary Business
Letter from For Women Scotland 12 June 2024
Letter from Andy O'Neill Electoral Commission for Scotland dated 6 June 2024
Letter from Engender dated 5 June 2024
Letter from Electoral Management Board to Minister for Parliamentary Business dated 28 May 2024
See a full list of Stage 1 correspondence
The Standards, Procedures and Public Appointments Committee published its report on 18 June 2024.
Scottish Elections (Representation and Reform) Bill Stage 1 Report
The Committee received the following response to its report:
Letter from the Minister for Parliamentary Business (375KB, pdf) posted 24 June 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 18 March 2024.
A Stage 1 debate took place on 27 June 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 27 June 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
The deadline for amendments is 12 noon on Friday 1 November 2024.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Letter from the Minister for Parliamentary Business to the Convener, 12 September 2024
Letter from the Convener to the Minister for Parliamentary Business, 6 September 2024
Letter from the Minister for Parliamentary Business to the convener, 2 September 2024
See a full list of Stage 2 correspondence