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Scottish General Election (Coronavirus) Act 2021

Consolidated Text As Enacted Cited authorities 11 Cited in Amendments 2 Related
Vincent
JurisdictionScotland
Citation2021 asp 5
Year2021
  • This Act applies in relation to the ordinary general election for membership of the Scottish Parliament the poll for which is, on the day on which this Act comes into force, due to be held on 6 May 2021 (“the 2021 election”) .
  • Subsections (3) to (5ZA) of section 2 of the Scotland Act 1998 do not apply in relation to the 2021 election.
    • (1) In relation to the 2021 election, paragraph 9 of schedule 3 of the 2015 Order has effect in accordance with the modifications in subsections (2) and (3) .(2) Sub-paragraph (1) has effect as if for the word “eleventh” there were substituted “ twenty-first ”.(3) Sub-paragraph (5) has effect as if for the word “eleventh” there were substituted “ twenty-first ”.(4) Subsections (1) to (3) are subject to subsection (5) .(5) The Scottish Ministers may by regulations provide that in relation to the 2021 election, paragraph 9(1) or (5) of schedule 3 of the 2015 Order is to be read, in relation to a particular type of application, as if for the numbered day for the time being specified there were substituted a different numbered day.(6) But the power in subsection (5) may be exercised only so as to specify a day numbered twenty-one or less.the number of persons who are registered to vote at the 2021 election,the number of persons who have been granted a postal vote for the election, andthe number of applications for a postal vote for the election which have been received but not determined.must specify any funding provided to local authorities by the Scottish Ministers for the purpose of ensuring that electoral registration officers have adequate resources to deal with any increase in applications for a postal vote for the 2021 election arising as a result of coronavirus,may include such further information relating to postal voting at the 2021 election as the Scottish Ministers consider appropriate.(3) The Scottish Ministers must prepare and publish the report and lay it before the Scottish Parliament as soon as reasonably practicable after 7 April 2021.(4) In subsection (2) (a) , “electoral registration officer” means an officer appointed under section 8(3) of the Representation of the People Act 1983.(1) The Scottish Ministers may, if they consider it necessary for a reason relating to coronavirus, by regulations provide that the poll at the 2021 election is to be held solely by means of postal voting.(2) Regulations under subsection (1) may make such provision as to the arrangements for the poll as the Scottish Ministers consider appropriate.(3) Regulations under subsection (1) may modify any enactment (including section 3(2) and (3) of, but excluding the rest of, this Act) .(4) Regulations under subsection (1) are subject to the affirmative procedure.(5) When laying draft regulations under subsection (4) before the Scottish Parliament, the Scottish Ministers must at the same time lay a statement of the reasons for the regulations, including information on the responses received from the persons listed in subsection (6) .the Presiding Officer,the Electoral Commission,the convener of the Electoral Management Board for Scotland, andthe Chief Medical Officer of the Scottish Administration.(1) For the purpose of the holding of the poll for the 2021 election, the Scottish Parliament is dissolved on 5 May 2021.(2) But subsection (1) is subject to section 11(8) .(1) In relation to the 2021 election, the 2015 Order has effect in accordance with the modifications in this section.(2) In article 80(1) , the provision as to when a person becomes a candidate in relation to a Scottish parliamentary election has effect as if for the words from “ on the date of ” to “issued” there were substituted “ on the day which is 27 days before 6 May 2021, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time) ”.(3) Paragraph 1(2) (a) (i) of schedule 1 has effect as if for the words “the date of the dissolution of the Parliament as provided for at section 2(3) (a) of the 1998 Act” there were substituted “ the day which is 27 days before the day of the poll at the election, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time) ”.the convener of the Electoral Management Board for Scotland recommends to the Scottish Ministers that polling at the 2021 election should take place on one or more specified days, as well as on the day of the poll, andthe Scottish Ministers consider that giving effect to that recommendation is necessary for a reason relating to coronavirus,consecutive to the day of the poll or any other day so specified (unless the convener considers that there is a reason to recommend a break in polling days) , andone of the 8 days immediately succeeding the day of the poll.(3) In subsections (1) and (2) , “the day of the poll” means 6 May 2021 (or, where the Presiding Officer has exercised the power conferred by section 11(1) , the day fixed by the Presiding Officer under that section for the holding of the poll for the 2021 election) .(4) Regulations under subsection (1) may specify particular days (or times on particular days) when specified descriptions or categories of persons entitled to vote in person at the 2021 election (whether as electors or as proxies) may vote.(5) Regulations under subsection (1) are subject to the affirmative procedure.(6) When laying draft regulations under subsection (5) before the Scottish Parliament, the Scottish Ministers must at the same time lay a statement of the reasons for the regulations, including information on the responses received from the persons listed in subsection (7) .the Presiding Officer,the Electoral Commission,the convener of the Electoral Management Board for Scotland, andthe Chief Medical Officer of the Scottish Administration.(8) Regulations under subsection (1) are without prejudice to the exercise (or, as the case may be, re-exercise) of the power conferred by section 11(1) .(9) The Scottish Ministers may by regulations modify the meaning of a relevant

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