The Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025
Source: legislation.gov.uk (2025-09-22)

These Regulations bring into force provisions of the Scottish Elections (Representation and Reform) Act 2025 (“the Act”) on three different dates. The provisions listed in Part 1 of the schedule are brought into force on 14 April 2025. The provisions listed in Part 2 of the schedule are brought into force on 1 August 2025. The provisions listed in Part 3 of the schedule are brought into force on 1 October 2025.

Scottish Statutory Instruments

2025 No. 106 (C. 10)

CONSTITUTIONAL LAW

REPRESENTATION OF THE PEOPLE

The Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025

Made

1st April 2025

Laid before the Scottish Parliament

3rd April 2025

Coming into force

14th April 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 73 of the Scottish Elections (Representation and Reform) Act 2025(1 (\"#f00001\")) and all other powers enabling them to do so.

Citation, commencement and interpretationS

1.—(1) These Regulations may be cited as the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025 and come into force on 14 April 2025.

(2) In these Regulations “the Act” means the Scottish Elections (Representation and Reform) Act 2025.

Commencement Information

I1Reg. 1 in force at 14.4.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/ssi/2025/106/regulation/1/1\")

Appointed DaysS

2.—(1) The day appointed for the coming into force of the provisions of the Act specified in—

(a)column 1 of the table in Part 1 of the schedule is 14 April 2025,

(b)column 1 of the table in Part 2 of the schedule is 1 August 2025,

(c)column 1 of the table in Part 3 of the schedule is 1 October 2025.

(2) The subject matter of those provisions is specified in column 2 of those tables.

Commencement Information

I2Reg. 2 in force at 14.4.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/ssi/2025/106/regulation/1/1\")

JAMIE HEPBURN

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

1st April 2025

Regulation 2

ScheduleSTables of appointed days

Part 1SProvisions coming into force on 14 April 2025

Commencement Information

I3Sch. Pt. 1 in force at 14.4.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/ssi/2025/106/regulation/1/1\")

Column 1Column 2(Provisions of the Act)(Subject matter)Sections 3, 4 and 5Disqualification of MPs, members of the House of Lords and councillorsSection 22Third parties capable of giving notificationSection 25Code of practice on controls relating to third partiesSection 31Rescheduling of by-electionsSection 34Power of returning officer to postpone or cancel by-electionSection 35Review of order of candidates on ballot papers used at electionsSection 39Pilot scheme under the Scottish Local Government (Elections) Act 2002Sections 40, 41, 42 and 43Pilot for registration of electorsSection 44Funding to increase democratic engagementSection 45Scottish Ministers’ power to make provision about elections under the Local Governance (Scotland) Act 2004Section 58Guidance regarding information to be included with certain electronic material at Scottish electionsSection 60Scottish Ministers regulation making powersSection 61Consequential revocationsSections 64, 65, 66, 67 and 68Electoral Commission

Part 2SProvisions coming into force on 1 August 2025

Commencement Information

I4Sch. Pt. 2 in force at 14.4.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/ssi/2025/106/regulation/1/1\")

Column 1Column 2(Provisions of the Act)(Subject matter)Sections 1 and 2Candidacy rights etc. of foreign nationalsSections 6 and 7Disqualifications relating to sexual offences and notification requirementsSections 8, 9, 10, 11, 12, 13, 14 and the scheduleScottish disqualification ordersSections 15, 16 and 17Disqualification orders under the Elections Act 2022Sections 18 and 19Temporary relief from disqualificationSection 20Ending the ambulatory effect of section 15 of the Scotland Act 1998Section 21Notional and third party expenditure: Scottish Parliament electionsSection 23Restriction on which third parties may incur controlled expenditureSection 24Transitional provision: offences relating to third party expenditureSection 26Notional expenditure: local government electionsSections 62 and 63Boundaries Scotland

Part 3SProvisions coming into force on 1 October 2025

Commencement Information

I5Sch. Pt. 3 in force at 14.4.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/ssi/2025/106/regulation/1/1\")

Column 1Column 2(Provisions of the Act)(Subject matter)Section 27Power of Presiding Officer to postpone ordinary electionSection 28Power of Presiding Officer to schedule extraordinary general electionsSection 29Election of new Presiding Officer: extension of periodSection 30Choice of new First Minister after changed election dateSection 32Power of convenor of Electoral Management Board to postpone ordinary local electionSection 33Power of returning officer to postpone election for their areaSections 36, 37 and 38Home addresses of candidates and agentsSection 46Access to Elected Office FundSection 47Application of this PartSection 48Key definitionsSection 49Further definitions relating to candidates, parties and electionsSection 50Electronic material: conditions for application of section 52Section 51Purpose of the electronic materialSection 52Requirement to include informationSection 53Exceptions to requirement in section 52Section 54Offence of breaching section 52Section 55Individual culpability where organisation commits an offenceSection 56Enforcement by the Electoral CommissionSection 57Supply of informationSection 59Electoral Commission’s annual report

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force provisions of the Scottish Elections (Representation and Reform) Act 2025 (“the Act”) on three different dates. The provisions listed in Part 1 of the schedule are brought into force on 14 April 2025. The provisions listed in Part 2 of the schedule are brought into force on 1 August 2025. The provisions listed in Part 3 of the schedule are brought into force on 1 October 2025.

The Bill for the Act received Royal Assent on 29 January 2025. Sections 72, 73 and 74 of the Act were brought into force on 30 January 2025 by section 73(1) of the Act.

(1)

2025 asp 4 (\"http://www.legislation.gov.uk/id/asp/2025/4\").