The Bill ensures all nationals of Luxembourg, Poland, Portugal and Spain are allowed to stand as candidates in Scottish local government elections.
This is a Government bill
The Bill became an Act on 19 July 2022
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill ensures all nationals of Luxembourg, Poland, Portugal and Spain are allowed to stand as candidates in Scottish local government elections.
The UK has entered into treaties with these countries to allow their nationals to be candidates here. The Bill puts this into law. Without this Bill, nationals from these countries must have settled status or pre-settled status to stand as candidates. If this Bill is passed, it will be enough that they have any type of leave to remain in the UK.
The Bill also allows the Scottish Ministers to add to the list of countries who have this arrangement using regulations. The Scottish Ministers must (and can only) use this power to add a country to the list if that country is entering into a treaty with the UK. They also have the power to remove a country from this list if that country stops being party to a treaty.
The Bill was created to give effect to treaties that the UK has entered into with Luxembourg, Poland, Portugal and Spain. These treaties are agreements to allow nationals of these countries to stand as candidates in local government elections here. In the same way, the agreements mean that UK nationals can stand as candidates in these countries.
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill as Introduced (255KB, pdf) posted 07 February 2022
Explanatory Notes (132KB, pdf) posted 07 February 2022
Policy Memorandum (173KB, pdf) posted 07 February 2022
Financial Memorandum (142KB, pdf) posted 07 February 2022
Delegated Powers Memorandum (105KB, pdf) posted 07 February 2022
Statements on legislative competence (89KB, pdf) posted 07 February 2022
Explanatory Notes (155KB, pdf) posted 07 February 2022
Policy Memorandum (220KB, pdf) posted 07 February 2022
Financial Memorandum (188KB, pdf) posted 07 February 2022
Delegated Powers Memorandum (203KB, pdf) posted 07 February 2022
Statements on legislative competence (139KB, pdf) posted 07 February 2022
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 not 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.
The Bill was introduced on 7 February 2022
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.
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 lead committee published its report on 21 March 2022.
The Committee received the following responses to its report:
Letter from the Minister for Parliamentary Business (261KB, pdf) posted 28 March 2022
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.
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The Bill ended Stage 1 on 29 March 2022
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.
There were no amendments at Stage 2.
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 Bill ended Stage 2 on 12 May 2022
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.
There were no amendments at Stage 2 or Stage 3. The Bill as introduced is the final version of the Bill.
Result 116 for, 0 against, 0 abstained, 13 did not vote Vote Passed
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The Bill ended Stage 3 on 9 June 2022
The Bill was passed on 9 June 2022 and became an Act on 19 July 2022.
Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Act 2022