Commentary on provisions of Act Section 7: Expenditure in connection with elections
Section 7 inserts three new sections into the Political Parties, Elections and Referendums Act 2000 ("the 2000 Act") to transfer to the Scottish Ministers powers currently exercised by the Secretary of State in relation to controlled expenditure and campaign expenditure at elections to the Scottish Parliament, except when the regulated period in respect of campaign or controlled expenditure for elections to the Scottish Parliament overlaps with the regulated period for elections for membership of the House of Commons or European Parliament. In each case in exercising these powers the Scottish Ministers will be subject to the same or equivalent requirements and procedures as those to which the Secretary of State is currently subject in exercising such powers.
	Subsection (2) of section 7 inserts new section 72A into the 2000 Act. Subsection (1) of the new section provides for the Scottish Ministers to approve a code of practice prepared by the Electoral Commission in accordance with paragraph 3(1) of Schedule 8 to the 2000 Act, which provides guidance to political parties on expenses, which count as campaign expenditure at elections to the Scottish Parliament. By this provision the Scottish Ministers may also amend Part 1 of Schedule 8 to the 2000 Act, which sets out the expenses that count as campaign expenditure at elections to the Scottish Parliament.
	Subsection (3) of new section 72A provides that these powers do not apply when the regulated period in respect of campaign or controlled expenditure for elections to the Scottish Parliament overlaps with the regulated period for elections for membership of the House of Commons or European Parliament
	Subsection (3) of section 7 inserts a new section 85A into the 2000 Act. Subsection (1) of the new section provides for the Scottish Ministers to approve a code of practice prepared by the Electoral Commission in accordance with paragraph 3(1) of Schedule 8A to the 2000 Act, which provides guidance to third parties on expenses which count as controlled expenditure at elections to the Scottish Parliament. By this provision the Scottish Ministers may also amend Part 1 of Schedule 8A to PPERA, which sets out the expenses which count as controlled expenditure at elections to the Scottish Parliament.
	Subsection (3) of new section 85A provides that these powers do not apply when the regulated period in respect of campaign or controlled expenditure for elections to the Scottish Parliament overlaps with the regulated period for elections for membership of the House of Commons or European Parliament
	Subsection (4) of section 7 inserts a new section 95ZA into the 2000 Act. This allows Scottish Ministers to exercise a number of powers in Schedule 11 to the 2000 Act which relate to donations to third parties which campaign at elections to the Scottish Parliament.
	Subsection (3) of new section 95ZA provides that these powers do not apply when the regulated period in respect of campaign or controlled expenditure for elections to the Scottish Parliament overlaps with the regulated period for elections for membership of the House of Commons or European Parliament
	Subsection (5) of section 7 determines the period for which new section 95ZA has effect.
	Subsections (6) to (10) of section 7 amend section 155 of the 2000 Act, so that certain powers of the Secretary of State to vary sums in the 2000 Act transfer to the Scottish Ministers. In each case, in exercising these powers the Scottish Ministers will be subject to the same or equivalent requirements and procedures as the Secretary of State is currently subject in exercising such powers.
	Subsection (7) of section 7 amends the power of the Secretary of State to vary certain sums in Part 5 and Part 6 of and Schedules 9, 10 and 11 to the 2000 Act. By this subsection, the Secretary of State will no longer have such power where the sum only relates to an election the conduct of which is within the legislative competence of the Scottish Parliament.
	Subsection (8) inserts a new subsection (1A) into section 155 of the 2000 Act to allow the Scottish Ministers to vary sums in Part 5 and Part 6 of and Schedules 9, 10 and 11 to the 2000 Act where the sum relates to an election the conduct of which is within the legislative competence of the Scottish Parliament.
	Subsection (9) provides that these sums can only be varied by the Scottish Ministers to take into account changes in the value of money, or on the recommendation of the Electoral Commission.
	Subsection (10) inserts new subsections (4A) and (4B) into section 155 of the 2000 Act, which relate to the sums specified in Schedule 11 to the 2000 Act. These new subsections have the effect of requiring the Scottish Ministers to vary sums under Schedule 11 to the 2000 Act to take account of changes in the value of money in each session of the Scottish Parliament over two years in length or, if the sums are not so varied, to lay a statement before the Scottish Parliament setting out the Scottish Ministers’ reasons for not doing so.
	Subsections (11) to (13) amend section 156 of the 2000 Act so that certain order-making powers of the Secretary of State transfer to the Scottish Ministers.
	Subsection (12) inserts new subsections (4B) to (4D) into section 156 of the 2000 Act. Each subsection specifies the parliamentary procedure to which orders made by the Scottish Ministers are subject.
	The effect of new subsection (4B) is that orders made by the Scottish Ministers under the 2000 Act will be subject to the negative procedure, except orders under section 155(2)(a) of the 2000 Act which will be subject to no parliamentary procedure pursuant to subsection 4(C), and orders made under the provisions listed in section 156(4) of the 2000 Act (in respect of those provisions which relate to matters within devolved competence) , which, pursuant to subsection (4D), are subject to the affirmative procedure.
	Subsection (13) has the effect that an order made by the Scottish Ministers under section 155 of the 2000 Act may contain incidental, supplementary or transitional provisions or savings, and may make different provisions for different cases.
	Subsection (14) makes consequential changes to the Interpretation and Legislative Reform (Scotland) Act 2010 as a result of the procedure that applies to orders by the Scottish Ministers under section 155(2)(a) of the 2000 Act.