The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
The purpose of this instrument is to bring into force the “Non-Party Campaigner Campaign Expenditure (Scottish Parliament Elections) Code of Practice 2025”, a draft of which was laid before the Parliament on 16?September 2025.
However, concerns have been raised about the statutory consultation that the Electoral Commission was required to undertake with the Scottish Parliament on a draft of the code. Consequently, the Scottish Government withdrew that draft code on 5?November and laid a new version on 10?November. The Scottish Government has advised that, this week, it will make and lay a further instrument, which will revoke and replace this SSI.
Correspondence related to this instrument, which contains additional information, has been published alongside the papers for today’s meeting.
Notwithstanding that context, the committee is required, under standing orders, to consider the present instrument against the reporting grounds and to report on it within the usual timescales.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (e), in that there appears to be a doubt about whether the instrument is intra vires, due to concerns about the preparation of the draft code that the instrument brings into force, because the draft code laid on 16 September appears not to have been prepared in accordance with a statutory precondition and, as a result, has been withdrawn?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Does the committee wish to note that this report on ground (e) arises not from a defect in the drafting of the instrument, but from doubts about the consultation process that the Electoral Commission was required to undertake before it submitted the draft code to the Scottish Government for its consideration?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Does the committee wish to welcome the Scottish Government’s intention to revoke this instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Also under this agenda item, no issues have been raised on the following instruments.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
That concludes the public part of the meeting.
10:05 Meeting continued in private until 10:06.Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Good morning and welcome to the 31st meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices. We have received apologies from Stuart McMillan MSP and Jeremy Balfour MSP.
The first item of business is a decision on taking business in private. Is the committee content to take in private item 5?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Does the committee wish to welcome that the policy note sets out clearly that the instrument corrects an error, and what that error was, which should assist the users of this legislation?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 11 November 2025
Bill Kidd
Under agenda item 2, we are considering three instruments.