The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015

JurisdictionUK Non-devolved
CitationSI 2015/1764

2015No. 1764

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015

8thOctober2015

At the Court at Buckingham Palace, the 8th day of October 2015

Present,

The Queen's Most Excellent Majesty in Council

This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by sections 30(2) and (4) of the Scotland Act 1998( 1).

In accordance with paragraphs 1 and 2 of Schedule 7 to that Act( 2) a draft of this Order has been-

(a) laid before and approved by a resolution of each House of Parliament; and(b) laid before and approved by a resolution of the Scottish Parliament.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:

Citation and commencement

1.-(1) This Order may be cited as the Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015.

(2) This Order comes into force on the day after the day on which it is made.

Modification of Schedule 4 to the Scotland Act 1998

2. In Schedule 4 to the Scotland Act 1998 (enactments etc. protected from modification), in paragraph 4 (no modification of the Scotland Act 1998), after sub-paragraph (2B)( 3) insert-

"(2C) This paragraph does not apply to modifying section 2(2) in relation to the first ordinary general election for membership of the Parliament after 2016.".

Modification of Schedule 5 to the Scotland Act 1998

3.-(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section B3 (specific reservations: elections)( 4) is amended as follows.

(2) Under the heading "Exceptions"-

(a) above the exception beginning "The reduction of the minimum voting age" insert "Exception 1";(b) above the exception beginning "The registration of electors" insert "Exception 2";(c) after that exception insert-

The day of the poll at the first ordinary general election for membership of the Parliament after 2016.

That day must not be the same as the day of the poll at-

(a) a parliamentary general election, other than an early parliamentary general election,(b) a European parliamentary general election, or(c) an ordinary local election.

If under section 3(3) the ordinary general election that would have been the first after 2016 is not held, this exception does not apply to any later election.".

(3) "Exception 3

At the end of the interpretation provision insert-

""Ordinary local election" has the meaning given by section 43(1C) of the Representation of the People Act 1983( 5)...

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