Commentary Referendums Section 2 - Referendum questions
9.Section 2 relates to the consideration of referendum questions by the Electoral Commission.
10.Subsections (1) to (3) set out the process if the wording of the question in a referendum to which this Act would apply is to be specified in secondary legislation.
11.If, under an Act allowing for a specific referendum, subordinate legislation is subject to the affirmative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before the draft instrument including the question is laid before the Scottish Parliament. If the subordinate legislation is subject to the negative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before making the subordinate legislation. The Parliament may separately consult the Electoral Commission on the wording of a question or statement (see paragraph 19).
12.Subsections (4) and (5) set out the process if a Bill is introduced to the Scottish Parliament that provides for holding a referendum throughout Scotland, and also specifies the wording of the question. The Electoral Commission must consider the wording of the question, and publish a statement on the intelligibility of the question as soon as is reasonably practicable after the Bill was introduced. This statement can be made in any way the Commission determine.
13.Subsection (6) sets out that the provisions in this section also apply to any statement that is to be included before the question on the ballot paper, for example a statement setting out the effect of possible responses to the question.
14.Subsections (7) to (9) set out that this section does not apply if the Electoral Commission have, during the validity period, already published a report on the intelligibility of the question or statement or have recommended the wording of the question or statement. The validity period is defined as the parliamentary session during which the referendum will be held and, with the Parliament’s agreement, the preceding session of the Parliament. The Parliament’s agreement to inclusion of the preceding session in the validity period is to be sought by a motion by the Scottish Government to the effect that the longer validity period should apply to a particular question or statement.
15.Subsection (10) requires the Scottish Ministers to consult the Electoral Commission before lodging a motion to apply the longer validity period to a question or statement.
16.Subsection (11) requires the Scottish Ministers, at the same as lodging any motion to apply the longer validity period to a question or statement, to lay before the Scottish Parliament a document setting out why they think the validity period should apply to a question or statement.
17.Subsection (12) provides that for the purposes of subsection (8) any extraordinary general election can be disregarded unless the poll takes place within 6 months of the end of the scheduled ordinary general election, in which case it does count.
18.Subsection (13) provides that if the Electoral Commission have been consulted by the Scottish Ministers on a question or statement, the Commission must, as soon as reasonably practicable, lay a statement of any views before the Parliament. The Commission must also publish the statement.
19.Subsection (14) provides that if the Parliament resolves to consult the Electoral Commission on the wording of a question or statement, the Electoral Commission must as soon as reasonably practicable lay before the Parliament, and publish, a statement expressing, any views of the Commission on the question or statement.