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Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill

The Bill ensures all nationals of Luxembourg, Poland, Portugal and Spain are allowed to stand as candidates in Scottish local government elections.

This is a Government bill

The Bill became an Act on 19 July 2022

Introduced: the Bill and its documents

Overview

The Bill ensures all nationals of Luxembourg, Poland, Portugal and Spain are allowed to stand as candidates in Scottish local government elections.

The UK has entered into treaties with these countries to allow their nationals to be candidates here. The Bill puts this into law. Without this Bill, nationals from these countries must have settled status or pre-settled status to stand as candidates. If this Bill is passed, it will be enough that they have any type of leave to remain in the UK.

The Bill also allows the Scottish Ministers to add to the list of countries who have this arrangement using regulations. The Scottish Ministers must (and can only) use this power to add a country to the list if that country is entering into a treaty with the UK. They also have the power to remove a country from this list if that country stops being party to a treaty.

Why the Bill was created

The Bill was created to give effect to treaties that the UK has entered into with Luxembourg, Poland, Portugal and Spain. These treaties are agreements to allow nationals of these countries to stand as candidates in local government elections here. In the same way, the agreements mean that UK nationals can stand as candidates in these countries.

Accompanying Documents

Explanatory Notes (132KB, pdf) posted 07 February 2022

Policy Memorandum (173KB, pdf) posted 07 February 2022

Financial Memorandum (142KB, pdf) posted 07 February 2022

Delegated Powers Memorandum (105KB, pdf) posted 07 February 2022

Statements on legislative competence (89KB, pdf) posted 07 February 2022 

Accompanying Documents (print versions)

Explanatory Notes (155KB, pdf) posted 07 February 2022

Policy Memorandum (220KB, pdf) posted 07 February 2022

Financial Memorandum (188KB, pdf) posted 07 February 2022

Delegated Powers Memorandum (203KB, pdf) posted 07 February 2022

Statements on legislative competence  (139KB, pdf) posted 07 February 2022

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill

The Bill was introduced on 7 February 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.

Meetings of the lead committee

Stage 1 report by the lead committee

The lead committee published its report on 21 March 2022.

Stage 1 report on the Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill

The Committee received the following responses to its report:

Letter from the Minister for Parliamentary Business (261KB, pdf) posted 28 March 2022

Work by other committees

Meetings of the Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 29 March 2022 to consider and decide on the general principles of the Bill.
  • Motion title: Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill.
  • Submitted by: George Adam
  • Date lodged: Monday, 28 March 2022
  • Motion reference: S6M-03818
  • Current status: Taken in the Chamber on Tuesday, 29 March 2022

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 29 March 2022

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

No amendments were submitted at Stage 2.

Bill as amended at Stage 2

There were no amendments at Stage 2.

Work by other committees

Delegated Powers and Law Reform Committee

Meetings


The Bill ended Stage 2 on 12 May 2022

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Final version of the Bill

There were no amendments at Stage 2 or Stage 3. The Bill as introduced is the final version of the Bill.

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.
  • Motion title: Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill
  • Text of motion: That the Parliament agrees that the Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Bill be passed.
  • Submitted by: George Adam
  • Date lodged: Tuesday, 07 June 2022
  • Motion reference: S6M-04818
  • Current status: Taken in the Chamber on Thursday, 09 June 2022

Result 116 for, 0 against, 0 abstained, 13 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 9 June 2022

Bill becomes an Act

The Bill was passed on 9 June 2022 and became an Act on 19 July 2022.

Read the Act

Scottish Local Government Elections (Candidacy Rights of Foreign Nationals) Act 2022