Commentary on Provisions Part 7: Election pilots and democratic engagement Section 40 – Registration of electors pilot provision: power to make temporary provision
120.This section enables the Scottish Ministers to make regulations to make temporary provision about the registration of electors (“registration of electors pilot provision”).
121.A definition of a “registration of electors pilot provision” provides that the pilots are in relation to the registration of persons in the Scottish local government registers only (i.e. the registers used for both local government and Scottish Parliament elections). A non-exhaustive list of the matters pilot provision may cover is provided. This includes provision about the processing of information for and in connection with any matter as regards registration. Any regulations made under this power will not compel UK Ministers or UK public bodies to provide information unless they have consented to take part in a pilot made under this provision. The registration pilots are expected to be run by public bodies only or by bodies with public functions by agreement with the relevant body. The provision therefore does not contain a regime to require enforcement of information sharing for the purposes of a pilot.
122.The section provides that the regulations cannot affect someone’s right to be registered (i.e. matters relating to franchise).
123.As pilots are temporary, regulations made under this power must include a date by which they expire. The Scottish Ministers will only be able to make regulations under this section where a proposal for a pilot has been made and approved in accordance with the section 41.
124.Regulations made under this provision must specify a date before which the Electoral Commission must send a report to evaluate the pilot (details of the evaluation procedure are contained in section 41).
125.Regulations made under this provision are subject to negative parliamentary procedure.