Breaking Down the Scottish Elections (Representation and Reform) Act 2025

The Scottish Elections (Representation and Reform) Act 2025 is a comprehensive piece of legislation aimed at reshaping various aspects of election processes in Scotland. Let's dive into the key highlights of this Act, which was passed by the Scottish Parliament in December 2024 and received Royal Assent in January 2025.

Key Provisions:

1. Candidacy Rights for Foreign Nationals

• Scottish Parliament and Local Elections: The Act modifies existing laws to update the rights of foreign nationals to stand in Scottish Parliament and local government elections, ensuring alignment with the current immigration framework.

2. Disqualification Rules

• MPs and Lords: Members of the UK Parliament (MPs) and the House of Lords are disqualified from being members of the Scottish Parliament.
• Sexual Offences: Individuals with certain sexual offences or related legal orders are disqualified from holding office in both Scottish Parliament and local government.
• Scottish Disqualification Orders: Courts can impose disqualification orders for offences aggravated by hostility (e.g., hate crimes), barring individuals from Scottish Parliament or local government positions for five years.

3. Campaign Finance

• Third-Party Expenditure: Tightens controls on third-party expenditure in Scottish Parliament elections, including who can incur such expenses and the need for a code of practice.
• Local Government Elections: Updates rules on notional expenditure to align with new standards.

4. Rescheduling Elections

• Powers to Postpone: Empowers officials to postpone elections. The Presiding Officer can reschedule Scottish Parliament elections, while local election officials can adjust local election dates due to unforeseen circumstances.

5. Ballot Paper Design

• Candidate Order Review: Initiates a review of how candidates are ordered on ballot papers to ensure fairness and transparency.

6. Home Addresses of Candidates and Agents

• Privacy Enhancements: Introduces measures to protect the home addresses of candidates and their agents, allowing for the use of correspondence addresses in public notices.

7. Election Pilots and Democratic Engagement

• Pilot Schemes: Expands the scope for pilot schemes aimed at enhancing electoral processes, including voter registration improvements.
• Funding for Engagement: Authorizes financial support for initiatives to boost democratic participation, such as automatic voter registration in educational institutions.

8. Information on Electronic Campaign Material

• Transparency in Digital Campaigning: Requires specific information to accompany electronic election materials to ensure transparency and accountability in digital campaigns.

9. Boundary Reviews

• Timelines for Reviews: Adjusts the schedule for reviewing local government ward boundaries and the number of councillors, ensuring timely updates before elections.

10. Electoral Commission's Role

• Educational Efforts: Strengthens the role of the Electoral Commission in educating the public about electoral processes and reducing spoilt ballots.

11. Electoral Management Board for Scotland

• Formalization and Function: Makes the Electoral Management Board for Scotland a permanent corporate body with defined roles and responsibilities.

Conclusion

The Scottish Elections (Representation and Reform) Act 2025 is a significant overhaul aimed at modernizing and improving the fairness, transparency, and efficiency of elections in Scotland. It addresses candidacy rights, disqualification criteria, campaign finance, election scheduling, and more, marking a progressive step in Scottish electoral reform.