2025 No. 260 (C. 21)

CONSTITUTIONAL LAW

REPRESENTATION OF THE PEOPLE

The Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1 Amendment and Commencement No. 2) Regulations 2025

Made16th September 2025

Laid before the Scottish Parliament18th September 2025

Coming into force30th September 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 73 of the Scottish Elections (Representation and Reform) Act 2025¹.

1 Citation, commencement and interpretation¶

1 These Regulations may be cited as the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1 Amendment and Commencement No. 2) Regulations 2025 and come into force on 30 September 2025.

2 In these Regulations “the Act” means the Scottish Elections (Representation and Reform) Act 2025.

2 Amendment of the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations¶

In the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025², in columns 1 and 2 of the table in Part 3 of the schedule, omit the entries for sections 47 to 57 and 59.

3 Appointed day¶

1 The day appointed for the coming into force of the provisions of the Act specified in—

a column 1 of the table in Part 1 of the schedule is 17 November 2025, and

b column 1 of the table in Part 2 of the schedule is 1 April 2026.

2 The subject matter of those provisions is specified in column 2 of those tables.

Schedule ¶

Tables of appointed days

Regulation 3

Part 1 Provisions coming into force on 17 November 2025¶

Column 1	Column 2
(Provisions of the Act)	(Subject matter)
Section 47	Application of this Part
Section 48	Key definitions
Section 49	Further definitions relating to candidates, parties and elections
Section 50	Electronic material: conditions for application of section 52
Section 51	Purpose of the electronic material
Section 52	Requirement to include information
Section 53	Exceptions to requirement in section 52
Section 54	Offence of breaching section 52
Section 55	Individual culpability where organisation commits an offence
Section 56	Enforcement by the Electoral Commission
Section 57	Supply of information
Section 59	Electoral Commission’s annual report

Part 2 Provisions coming into force on 1 April 2026¶

Column 1	Column 2
(Provisions of the Act)	(Subject matter)
Section 69	Constitution of the Electoral Management Board for Scotland
Section 70	Application of public bodies legislation to the Electoral Management Board for Scotland
Section 71	Transitional provision: membership of the Electoral Management Board for Scotland

Explanatory Note¶

(This note is not part of the Regulations)

These Regulations amend the Scottish Elections (Representation and Reform) Act 2025 (Commencement No. 1) Regulations 2025 so that provisions in Part 8 (information to be included with certain electronic material at Scottish elections) of the Scottish Elections (Representation and Reform) Act 2025 (“the Act”) will not come into force on 1 October 2025. Instead those provisions, which are listed in Part 1 of the schedule, will come into force on 17 November 2025.

These Regulations also bring into force sections 69 (Constitution of the Electoral Management Board for Scotland), 70 (application of public bodies legislation to the Electoral Management Board for Scotland) and 71 (transitional provision: membership of the Electoral Management Board for Scotland) of the Act on 1 April 2026.

The Bill for the Act received Royal Assent on 29 January 2025. Sections 72, 73 and 74 of the Act were brought into force on 30 January 2025 by section 73(1) of the Act.

NOTE AS TO EARLIER COMMENCEMENT Regulations¶

(This note is not part of the Regulations)

The following provisions of the Scottish Elections (Representation and Reform) Act 2025 have been brought into force by commencement Regulations made before the date of these Regulations.

Provision	Date of Commencement	S.S.I. No.
Sections 1 and 2	1 August 2025	S.S.I. 2025/106
Sections 3, 4 and 5	14 April 2025	S.S.I. 2025/106
Sections 6 and 7	1 August 2025	S.S.I. 2025/106
Sections 8, 9, 10, 11, 12, 13, 14 and the schedule	1 August 2025	S.S.I. 2025/106
Sections 15, 16 and 17	1 August 2025	S.S.I. 2025/106
Sections 18, 19, 20 and 21	1 August 2025	S.S.I. 2025/106
Section 22	14 April 2025	S.S.I. 2025/106
Sections 23 and 24	1 August 2025	S.S.I. 2025/106
Section 25	14 April 2025	S.S.I. 2025/106
Section 26	1 August 2025	S.S.I. 2025/106
Sections 27, 28, 29 and 30	1 October 2025	S.S.I. 2025/106
Section 31	14 April 2025	S.S.I. 2025/106
Sections 32 and 33	1 October 2025	S.S.I. 2025/106
Section 34 and 35	14 April 2025	S.S.I. 2025/106
Sections 36, 37 and 38	1 October 2025	S.S.I. 2025/106
Sections 39, 40, 41, 42, 43, 44 and 45	14 April 2025	S.S.I. 2025/106
Section 46	1 October 2025	S.S.I. 2025/106
Section 58	14 April 2025	S.S.I. 2025/106
Sections 60 and 61	14 April 2025	S.S.I. 2025/106
Sections 62 and 63	1 August 2025	S.S.I. 2025/106
Sections 64, 65, 66, 67 and 68	14 April 2025	S.S.I. 2025/106

Footnotes

1
2025 asp 4.
2
S.S.I. 2025/106.