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. Stage 3 ended on 17 December 2024.
The Bill has been passed. Royal Assent is required for it to 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 for this committee
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.
On 2 October 2024, Parliament agreed motion S6M-14734, that consideration of the Scottish Elections (Representation and Reform) Bill at Stage 2 be completed by 15 November 2024.
Letter from the Minister for Parliamentary Business to the Convener, 31 October 2024
Letter from the Minister for Parliamentary Business to the Convener, 24 October 2024
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 for this committee
Documents with the amendments considered and debated at the meeting on 7 November 2024.
Marshalled List of Amendments for Stage 2 (1MB, pdf) posted 04 November 2024
Groupings of Amendments for Stage 2 (1MB, pdf) posted 04 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.
Documents with the amendments considered and debated at the meeting on 14 November 2024.
Second Marshalled List of Amendments for Stage 2 (291KB, pdf) posted 11 November 2024
Second Groupings of Amendments for Stage 2 (566KB, pdf) posted 11 November 2024
Revised Explanatory Notes (399KB, pdf) posted 28 November 2024
Supplementary Financial Memorandum (277KB, pdf) posted 02 December 2024
Supplementary Delegated Powers Memorandum (137KB, pdf) posted 28 November 2024
Revised Explanatory Notes (481KB, pdf) posted 28 November 2024
Supplementary Financial Memorandum (463KB, pdf) posted 28 November 2024
Supplementary Delegated Powers Memorandum (359KB, pdf) posted 28 November 2024
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 14 November 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered and debated at the meeting held on 17 December 2024.
Marshalled List of Amendments for Stage 3 (458KB, pdf) posted 11 December 2024
Timed Groupings of Amendments for Stage 3 (515KB, pdf) posted 16 December 2024
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer 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.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
See further details of the motion
Result 111 for, 0 against, 0 abstained, 18 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 17 December 2024
The Bill has been passed by the Parliament. It will become an Act of the Scottish Parliament once it receives Royal Assent from the King. This usually happens after around 4 weeks. During that time the Bill will be looked at to ensure it is within the powers of the Scottish Parliament. It may not be sent for Royal Assent if an issue is found.