Commentary on provisions of Act Section 5: Timing of elections
Subsections (1) to (3), amend section 2 of the Scotland Act 1998("the 1998 Act"), by providing that section 2(2) of the 1998 Act is subject to a new subsection (2A). Subsection (2A) provides that the poll for a Scottish Parliamentary ordinary general election cannot take place on the same date as; (a) the date of a poll at a UK Parliamentary general election; or (b) the date of a poll at a European Parliamentary general election.
	Subsection (3) also inserts a new subsection (2B), which provides that where subsection (2A) prevents the poll for a Scottish Parliamentary ordinary general election from being held on a day specified in section 2(2) of the 1998 Act, the Scottish Ministers may make an order specifying the alternative day on which the poll shall be held.
	Subsection (4) amends section 2(3) of the 1998 Act in order that the Scottish Parliament will be dissolved automatically at the beginning of the "minimum period", which ends with the day, if the polls is to be held on the first Thursday in May, on that date and, otherwise, on the day specified by the Scottish Ministers by order under subsection (2B).
	Subsection (5) amends section 2(5) of the 1998 Act to provide that where the Presiding Officer proposes to move the date for the holding of a poll for a Scottish Parliamentary ordinary general election under that section, the poll cannot be held on the same date as a UK Parliamentary general election or a European Parliamentary general election.
	Subsection (6) inserts a new subsection (5ZA), which has the effect that where Scottish Ministers make an order under section 2(2B) of the 1998 Act specifying an election date, and the Presiding Officer proposes a new date for the election under section 2(5) of that Act, the election will be held on the date proposed under section 2(5).
	Subsection (7) removes subsections (5A) to (5C) from section 2.
	Subsection (8) provides that an order made by the Scottish Ministers under section 2(2B) of the 1998 Act will be subject to the affirmative procedure in the Scottish Parliament.
	Subsections (9) to (11) amend section 43 of the Representation of the People Act 1983 by inserting new subsections (1AA), (1AB) and (1AC).
	New subsection (1AA) prevents the poll at a local government election in Scotland from being held on the same day as a poll for a Scottish Parliamentary ordinary general election.
	New subsection (1AB) provides that where the date of a poll at an ordinary local government election in Scotland would be on the same date as the poll at an ordinary general Scottish Parliamentary election, the Scottish Ministers may by order specify an alternative date for the poll at the local government election.
	New subsection (1AC) provides that an order made by the Scottish Ministers will be subject to the affirmative procedure in the Scottish Parliament.