http://www.legislation.gov.uk/ukpga/2016/11/section/7Scotland Act 2016An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes.texttext/xmlenStatute Law Database2024-05-23Expert Participation2024-04-01Scotland Act 2016specified provision(s)The Scotland Act 2016 (Commencement No. 5) (Amendment) Regulations 2019reg. 2PART 1Constitutional arrangements<Emphasis>Elections <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation></Emphasis>Expenditure in connection with elections71The Political Parties, Elections and Referendums Act 2000 is amended as follows.2After section 72 (campaign expenditure) insert—Campaign expenditure: power of Scottish Ministers72A1The powers under the following provisions of Schedule 8 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—aparagraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),bparagraph 3(7) (power to appoint day when code comes into force), andcparagraph 4(1) (power to amend Part 1 of Schedule 8).2For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8 apply—aas if any reference to the Secretary of State were a reference to the Scottish Ministers,bas if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,cas if in paragraph 3(9) for the words from “means—” to the end there were substituted “
means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament.
”3Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.3After section 85 (controlled expenditure of third parties) insert—Controlled expenditure of third parties: power of Scottish Ministers85A1The powers under the following provisions of Schedule 8A are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—aparagraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),bparagraph 3(7) (power to appoint day when code comes into force), andcparagraph 4(1) (power to amend Part 1 of Schedule 8A).2For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8A apply—aas if any reference to the Secretary of State were a reference to the Scottish Ministers,bas if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,cas if in paragraph 3(9) for the words from “means—” to the end there were substituted “
means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament.
”3Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.4After section 95 (control of donations to recognised third parties) insert—Control of donation to recognised third parties: power of Scottish Ministers95ZA1The powers under the following provisions of Schedule 11 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—aparagraph 3(4) (power to change meaning of defined expenses and sponsorship),bparagraph 6A(6) (power to make regulations about how the value of a benefit is calculated), andcparagraph 6B(4) (power to make regulations about the retention of declarations).2For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3, 6A and 6B of Schedule 11 apply as if any reference to the Secretary of State was a reference to the Scottish Ministers.3Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.5Section 95ZA inserted by subsection (4) has effect—auntil the coming into force of paragraph 1(2) of Schedule 3 to the Political Parties and Elections Act 2009, with the omission of subsection (1)(b) and “6A” in subsection (2);buntil the coming into force of paragraph 4(2) of Schedule 4 to that Act, with the omission of subsection (1)(c) and “and 6B” in subsection (2).6Section 155 (power to vary specified sums or percentages) is amended as follows.7In subsection (1) at the beginning insert “
Except where subsection (1A) applies,
”.8After subsection (1) insert—1AThe Scottish Ministers may by order vary any sum for the time being specified in Part 5 or 6 so far as that sum applies in relation to an election the conduct of which is within the legislative competence of the Scottish Parliament.9In subsection (2)—afor the words before paragraph (a) substitute “
An order under subsection (1) or (1A) may be made either—
”, andbin paragraph (a) for “he” substitute “
the person making the order
”.10After subsection (4) insert—4ASubsection (4B) applies in relation to the sums specified in Schedule 11.4BIn each session of the Scottish Parliament, other than a session that is dissolved less than two years after the date of its first sitting, the Scottish Ministers must either—amake an order in pursuance of subsection (2)(a), orblay before the Scottish Parliament a statement setting out the Scottish Ministers' reasons for not doing so.11Section 156 (orders and regulations) is amended as follows.12After subsection (4A) insert—4BSubject to subsections (4C) and (4D), any order or regulations made under this Act by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).4CSubsection (4B) does not apply to an order falling within subsection (3).4DSubsection (4B) does not apply to an order falling within subsection (4), and any such order made by the Scottish Ministers shall be subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).13In subsection (5) after each “Secretary of State” insert “
or the Scottish Ministers
”.14In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (f) insert—fasection 155(2)(a) of the Political Parties, Elections and Referendums Act 2000 (c.41),.S. 7 in force at 18.5.2017 by S.I. 2017/608, reg. 2(1)(e)
