SCHEDULES

F1SCHEDULE 6ACandidacy Rights of Foreign Nationals

Section 29(8)

Annotations:
Amendments (Textual)

1List of countries for the purposes of section 29(8)

This is the list of countries referred to in section 29(8)—

  • Luxembourg

  • Poland

  • Portugal

  • Spain.

Amendment of list of countries

2

The Scottish Ministers must by regulations add a country to the list in paragraph 1 where—

a

the United Kingdom and the country intend to become parties to a relevant treaty, and

b

section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

3

The Scottish Ministers may by regulations remove a country for the time being listed in paragraph 1 where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

4

Regulations under paragraph 2 or 3—

a

may include incidental, supplementary, consequential, transitional, transitory or saving provision,

b

are subject to the negative procedure.

5

In this schedule—

  • “ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010,

  • “relevant treaty” means a treaty containing provision relating to eligibility to stand as a candidate at local government elections,

  • “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).