Commentary on Provisions Part 7: Election pilots and democratic engagement Section 43 – Power to permanently modify provision about registration of electors
133.This section provides Scottish Ministers with the power to permanently modify electoral law if, following the Electoral Commission’s report, they decide that the piloted provisions or similar provisions should apply generally and on a permanent basis. The power is contingent on the Electoral Commission report recommending that the change should be made generally and permanently.
134.Before laying a draft of the SSI containing the regulations, the Scottish Ministers must consult the Electoral Management Board for Scotland and such other persons they consider appropriate. The Scottish Ministers must lay a copy of the report prepared by the Electoral Commission into the operation of the pilot at the same time as laying a draft of the SSI. Regulations made under this power would be subject to affirmative parliamentary procedure.