Statutory Instruments
2017 No. 602
Constitutional Law
Devolution, Scotland
The Scotland Act 2016 (Consequential and Saving Provisions) Regulations 2017
Made
10.59 a.m. on 26th April 2017
Laid before Parliament
27th April 2017
Coming into force
18th May 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 71(1)(a) and (b) of the Scotland Act 2016( 1 ).
Citation and commencement
1. These Regulations may be cited as the Scotland Act 2016 (Consequential and Saving Provisions) Regulations 2017 and come into force on 18th May 2017.
Amendments of the Representation of the People (Scotland) Regulations 2001
2.The Representation of the People (Scotland) Regulations 2001( 2 ) are amended as follows.
3. After regulation 26(6) insert—
“ (6A) Before giving approval for the purposes of paragraph (6) to the design of the forms under paragraphs (3), (4) and (5A), the Minister for the Cabinet Office must consult the Scottish Ministers. ”
4. —(1) In regulation 26(9) for the words from the beginning to “Cabinet Office” substitute “Where, by virtue of arrangements made by the Minister for the Cabinet Office, an application under paragraph (1) may be made through the digital service, the Minister”.
(2) For regulation 26(10) substitute—
“ (10) Where an application in pursuance of an overseas elector’s declaration under paragraph (1) is made through the digital service, a registration officer may, but need not, accept it. ”
5. After regulation 26A(3) insert—
“ (3A) Before giving approval for the purposes of paragraph (3), the Minister for the Cabinet Office must consult the Scottish Ministers. ”
6. After regulation 29(2AF) insert—
“ (2AG) Before giving approval for the purposes of sub-paragraph (2AF)(b), the Minister for the Cabinet Office must consult the Scottish Ministers. ”
7. After regulation 32ZA(2) insert—
“ (2A) Before giving approval for the purposes of sub-paragraph (2)(b), the Minister for the Cabinet Office must consult the Scottish Ministers. ”
8. After regulation 32ZC(1) insert—
“ (1A) Before giving approval for the purposes of sub-paragraph (1)(b), the Minister for the Cabinet Office must consult the Scottish Ministers. ”
Saving
9. Article 82 of, and Schedule 6 to, the Scottish Parliament (Elections etc. ) Order 2015( 3 ) continue to apply in relation to sections 157, 160 and 173 of the Representation of the People Act 1983( 4 ) as they applied immediately before 18th May 2017.
David Mundell
Secretary of State for Scotland
Scotland Office
At 10.59 a.m. on 26th April 2017
S.I. 2001/497 , amended by S.I.s 2013/3206 , 2015/450 , 2015/1376 , 2015/1966 , 2016/997 , 2017/587 and sections 2(2), 3(2) and 5(2) of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7) ; there are other amendments which are not relevant to these Regulations.
1983 c. 2 . Subsection (5) of section 157 was repealed by section 128 of, and Schedule 22 to, the Political Parties, Elections and Referendums Act 2000 (c. 41) . Subsections (1) to (3) of section 160 were amended by sections 24 and 28 of, and schedule 4 and 5 to, the Representation of the People Act 1985 (c. 50) , subsections (4) to (5A) of section 160 were substituted by schedule 17 of the Political Parties, Elections and Referendums Act 2000 (c. 41) , subsections (5A) and (5B) of section 160 were amended by section 34 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) and by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 ( S.I. 2007/931 ). Section 173 was substituted by the Political Parties, Elections and Referendums Act 2000 and section 173(2) was amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 ( S.I. 2007/931 ).