Commentary on Provisions Scottish Parliament elections Section 27 – Power of Presiding Officer to postpone ordinary election
85.The existing power in section 2 of the Scotland Act 1998 (ordinary general elections) (the “1998 Act”) gives the Presiding Officer of the Parliament a power to propose an alternative date for an election a month either side of when it would otherwise be due to occur. His Majesty may then, by proclamation under the Scottish Seal, dissolve the Parliament, require the poll to be held on the proposed day, and require the Parliament to meet within seven days of the election.
86.This section changes that by amending section 2 of the 1998 Act so that the Presiding Officer may propose a date that is up to 4 weeks earlier, or 8 weeks later from when an ordinary general election would otherwise be scheduled. The Presiding Officer may also, after proposing a new date under the exercise of that power, propose a further (new) date which is 8 weeks later than the date previously fixed (which may result in a delay totalling 16 weeks). This section also provides that, where the date of the poll has been fixed in this way, the Parliament must meet “as soon as reasonably practicable” after the poll, rather than within 7 days, where a date for the poll has been fixed by the Presiding Officer in this way. This section also provides that, before proposing a day for the holding of a poll under the exercise of either power, the Presiding Officer must consult the Electoral Commission and the convener of the Electoral Management Board for Scotland. As soon as reasonably practicable after proposing a day for the holding of the poll, the Presiding Officer must publish a statement setting out the day proposed for the holding of the poll and the reasons for making the proposal.
87.The procedure involving the proclamation by His Majesty is otherwise unchanged and applies in relation to the second use of the power by the Presiding Officer, as it applies to the first, the only difference being that the second proclamation would not have the effect of dissolving Parliament (as it would already have been dissolved). Section 19 of the 1998 Act provides that the Presiding Officer will not cease to hold office merely because of the dissolution of the Parliament before a general election and will continue to hold office until such time as the new Parliament elects a Presiding Officer (and the deputies) under subsection (1) of that section. In other words, the Presiding Officer is able to propose a new date even after Parliament has been dissolved.