The Scotland Act 2016 (Consequential and Saving Provisions) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make consequential and saving provision in connection with Part 1 of the Scotland Act 2016 (c. 11) (“the 2016 Act”).

When section 3 of the 2016 Act comes into force, the legislative competence of the Scottish Parliament will include, amongst other matters, the registration of electors on the register of local government electors in Scotland and, subject to the reservations contained in section 3, the conduct of Scottish Parliamentary elections. The digital service for the registration of electors will remain reserved. Section 4 of the 2016 Act will substitute a new section 12 of the Scotland Act 1998 (c. 46). The new section 12 will give the Scottish Ministers powers to make specified provision in respect of the conduct of Scottish Parliamentary elections and other specified matters. Section 9 of the 2016 Act will transfer to the Scottish Ministers other functions of a Minister of the Crown, so far as those functions are exercisable within devolved competence by virtue of a provision in section 3 of that Act.

Regulations 3 and 5 to 8 amend the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (“the 2001 Regulations”). As a result of these amendments the Minister for the Cabinet Office must consult the Scottish Ministers before approving the forms provided for in regulations 26 (applications for registration), 26A (applications for alteration of register in respect of name), 29(2AA) (confirmation of successful application), 32ZA (annual canvas) and 32ZC (invitation to apply for registration) of the 2001 Regulations.

Regulation 4 makes further consequential provision in respect of regulation 26 of the 2001 Regulations in connection with the reservation of the digital service.

Regulation 9 makes saving provision in respect of the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) in connection with the commencement of sections 3 and 4 of the 2016 Act. Sections 157, 160 and 173 of the Representation of the People Act 1983, as they are applied to Scottish Parliamentary elections by article 82 of, and Schedule 6 to, the 2015 Order concern legal proceedings in respect of Scottish Parliamentary elections, and could affect membership of the House of Commons. As a result the application of these provisions to Scottish Parliamentary elections would not fall within the competence of the Scottish Ministers under new section 12 of the Scotland Act 1998.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.