The Scottish Elections (Details to appear on Election Publications) Regulations 2020

JurisdictionScotland
CitationSSI 2020/298

2020 No. 298

Representation Of The People

The Scottish Elections (Details to appear on Election Publications) Regulations 2020

Made 24th September 2020

Laid before the Scottish Parliament 28th September 2020

Coming into force 7th December 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 110A(7) and section 201(3) of the Representation of the People Act 19831, article 72(7) of the Scottish Parliament (Elections etc.) Order 20152(“the 2015 Order”), section 2(2) of the European Communities Act 19723and all other powers enabling them to do so.

In accordance with article 72(7) of the 2015 Order, the Scottish Ministers have consulted the Electoral Commission.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Scottish Elections (Details to appear on Election Publications) Regulations 2020 and come into force on 7 December 2020.

S-2 Application

Application

2. These Regulations do not apply in relation to an election where the date of the poll is before 6 May 2021.

S-3 Interpretation

Interpretation

3. In these Regulations—

“address” means postal address,

the 1983 Act” means the Representation of the People Act 1983,

“the 2000 Act” means the Political Parties, Elections and Referendums Act 20004,

“the 2015 Order” means the Scottish Parliament (Elections etc.) Order 2015,

“EEA state” means a state which for the time being is a member State of the European Union or a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2 May 19925, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 19936, as modified or supplemented from time to time,

“information society service” has the meaning given in Article 2(a) of Directive 2000/31/ECof the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market7,

“information society service provider” means a person providing an information society service,

“recipient” means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible,

“relevant offence” means an offence under section 110A(12) of the 1983 Act (Scottish local government elections: details to appear on election publications) or under article 72(10) of the 2015 Order (Scottish Parliament elections: details to appear on election publications).

S-4 Circumstances in which election material is to be taken as published

Circumstances in which election material is to be taken as published

4. For the purposes of these Regulations, election material is published where it is transmitted to the public at large, or any section of the public, via the internet and is presented in text format or in another format which contains text.

S-5 Scottish local government elections: details to appear on election publications

Scottish local government elections: details to appear on election publications

5. Material to which section 110A(2)(b) of the 1983 Act applies is not to be published unless it includes the following details—

(a) the name and address of the promoter8of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

S-6 Scottish local government elections: circumstances in which regulation 5 does not have to be complied with

Scottish local government elections: circumstances in which regulation 5 does not have to be complied with

6. Regulation 5 does not apply to the publication of material if the material—

(a) is published by an individual other than a relevant person,

(b) expresses the individual’s personal opinion, and

(c) is published on the individual’s own behalf on a non-commercial basis.

S-7 Scottish Parliament elections: details to appear on election publications

Scottish Parliament elections: details to appear on election publications

7. Material to which article 72(2)(b) of the 2015 Order applies is not to be published unless it includes the following details—

(a) the name and address of the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

S-8 Scottish Parliament elections: circumstances in which regulation 7 does not have to be complied with

Scottish Parliament elections: circumstances in which regulation 7 does not have to be complied with

8. Regulation 7 does not apply to the publication of material if the material—

(a) is published by an individual other than a relevant person,

(b) expresses the individual’s personal opinion, and

(c) is published on the individual’s own behalf on a non-commercial basis.

S-9 Meaning of “relevant person”

Meaning of “relevant person”

9.—(1) In regulation 6(a) and regulation 8(a), a “relevant person” means—

(a)

(a) a person who is a candidate at the election,

(b)

(b) a person who holds a relevant elective office (within the meaning of paragraph 1(8) of schedule 7 of the 2000 Act9(operation and interpretation of schedule)),

(c)

(c) a person who is an officer of any registered party, namely—

(i) the registered leader under section 24(1) of the 2000 Act (office-holders to be registered),

(ii) the registered nominating officer under section 24(1) of the 2000 Act (office-holders to be registered),

(iii) the registered treasurer under section 24(1) of the 2000 Act (office-holders to be registered),

(iv) where a registered party is a party with accounting units—

(aa) the registered treasurer of any accounting unit under section 27(2)(a) of the 2000 Act10(financial structure of registered party: accounting units), or

(bb) another person who is an officer of the unit registered for the purposes of section 27(3) of the 2000 Act (financial structure of registered party: accounting units),

(v) a registered campaigns officer under section 25(1) of the 2000 Act11(parties with campaigns officers),

(vi) a deputy campaigns officer appointed under section 25(4) of the 2000 Act (parties with campaigns officers),

(vii) a deputy treasurer appointed under section 74(1) of the 2000 Act (officers of registered party with responsibility for campaign expenditure),

(d)

(d) a person who is an election agent appointed—

(i) under article 32 of the 2015 Order (appointment of election agent), or

(ii) under section 67(1) of the 1983 Act (appointment of election agent),

(e)

(e) a person who is a deputy election agent appointed—

(i) under article 33 of the 2015 Order (appointment of sub-agent), or

(ii) under section 68(1) of the 1983 Act12(nomination of sub-agent at parliamentary or authority elections),

(f)

(f) a responsible person in relation to a recognised third party within the meaning of section 85(7) of the 2000 Act13(controlled expenditure by third parties).

S-10 Information society services: restriction on institution of proceedings against a non-UK service provider

Information society services: restriction on institution of proceedings against a non-UK service provider

10.—(1) Proceedings for a relevant offence are not to be instituted against an information society service provider who is established in an EEA state other than the United Kingdom unless the derogation condition is satisfied.

(2) The derogation condition is satisfied where the institution of proceedings—

(a)

(a) is necessary for the purposes of the public interest objective,

(b)

(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it, and

(c)

(c) is proportionate to that objective.

(3) In paragraph (2) the “public interest objective” means public policy, in particular the prevention, investigation, detection and prosecution of a...

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