Commentary on provisions of Act Section 11: Super-majority requirement for certain legislation
Section 11 requires certain types of electoral legislation to be passed by a two-thirds majority of the Scottish Parliament.
	Subsection (4) inserts a new subsection (2A) into section 31 of the Scotland Act 1998 ("the 1998 Act") to require the Presiding Officer to decide before the final stage at which a Bill can be amended whether, in his or her view, any provision of the Bill relates to a protected subject-matter. The Presiding Officer must make a statement to this effect.
	Subsection (5) inserts new subsections (4) and (5) into section 31 of the 1998 Act, which set out when a provision of a Bill relates to a protected subject-matter for the purpose of the section. This is when a provision would modify the law relating to the following matters, or enable the law relating to the following matters to be modified by subordinate legislation. The matters are, in relation to elections to the Scottish Parliament, and unless a provision is incidental to or consequential on any other provision of the Bill: the franchise for elections, the electoral system, the number of constituencies and regions or other such areas and the numbers of members to be returned in each constituency or region or other such areas.
	Subsection (6) inserts a new section 31A into the 1998 Act which provides that a Bill which the Presiding Officer has decided includes a provision which relates to a protected subject-matter can only be passed if, at its final stage, the number of members voting for it is at least two-thirds of the total number of seats for members of the Parliament.
	Subsection (10) inserts new section 32A into the 1998 Act which allows the Advocate General, the Lord Advocate or the Attorney General to refer to the Supreme Court the question of whether a Bill or any provision of a Bill relates to a protected subject-matter. Under this subsection a Bill may not be referred to the Supreme Court if the Bill passed with at least a two-thirds majority.
	Subsection (2) of new section 32A, taken with section 36(5) of the 1998 Act as amended by subsection (18) provides that such a reference may only be made in certain circumstances within 4 weeks of the passing or rejection of a Bill at its final stage or within 4 weeks of the approval of a Bill following reconsideration after a Supreme Court decision.
	Subsection (8) amends section 32(2)(a) of the 1998 Act so that a Bill may not be submitted for Royal Assent during the period when a reference may be made to the Supreme Court under section 32A.
	Subsection (9) inserts a new subsection (2A) into section 32 of the 1998 Act. Taken with section 36(5) of the 1998 Act as amended by subsection (18), this new subsection provides that a Bill may not be submitted for Royal Assent if the Supreme Court has decided on a reference that any provision of the Bill relates to a protected subject-matter, unless since the decision the Bill has been approved by a two-thirds majority on reconsideration by the Scottish Parliament.
	Subsection (13) amends section 33(2)(b) of the 1998 Act so that a reference to the Supreme Court of a question of legislative competence may be made within 4 weeks of the passing of a Bill, or within 4 weeks of the approval of the Bill following reconsideration of the Bill, regardless of the reason for the reconsideration.
	Subsection (14) amends section 35(3) of the 1998 Act so that the time during which the Secretary of State may intervene in certain cases under section 35 is extended to take account of the possibility of approval of the Bill following reconsideration under sections 36(4)(aa) or (4A) (reconsideration by the Scottish Parliament following a Supreme Court reference to resolve a question whether a provision of a Bill relates to a protected subject-matter), and also to take account of the possibility of a Supreme Court reference on grounds of protected subject-matter being decided or otherwise disposed of.
	Subsections (16) and (17) amend section 36 of the 1998 Act to provide for the circumstances in which standing orders must provide for a Bill to be reconsidered by the Scottish Parliament following the Supreme Court deciding whether a provision of the Bill relates to a protected subject-matter.
	Subsection (18) also amends section 36 of the 1998 Act to ensure that any Bill reconsidered following a reference to the Supreme Court on whether a provision of the Bill relates to a protected subject-matter is subject to a final stage at which it can be approved or rejected.
	Subsection (19) amends section 36 of the 1998 Act to provide that references in the 1998 Act to the passing of a Bill are, in the case of a Bill reconsidered following a reference to the Supreme Court on whether a provision of the Bill relates to a protected subject-matter, to be read a references to the approval of the Bill.