Part 3 Miscellaneous and general

14 Election expenses etc.

(1) The Political Parties, Elections and Referendums Act 2000 (c. 41) is amended as follows.

(2) Sections 134(2) and 135(3) (which restrict, in relation to local government elections in Scotland, the effect of amendments to the meanings of “election expenses” and “candidate” in Part II of the 1983 Act) are repealed.

(3) In section 138(2) (which restricts, in relation to local government elections in Scotland, the effect of other amendments to the 1983 Act), after “18” insert “(other than paragraphs 8 and 15(a))”.

(4) In section 158(3) (which restricts, in relation to local government elections in Scotland, the effect of repeals relating to the 1983 Act), after “II” insert “(other than section 82(4))”.

15 Ancillary provision

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

16 Orders and regulations

(1) Any power of the Scottish Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes.

(3) Orders under sections 3(1) and 15 and regulations under section 11(1) may modify any enactment.

(4) A statutory instrument containing an order (other than an order made under section 17(2)) or regulations made under this Act is, unless subsection (5) otherwise provides, subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) No—

(a) order under section 3(1) containing provisions of the type mentioned in section 3(2), or

(b) order under section 3(1) or 15, or regulations under section 11(1), containing provisions which add to, replace or omit any part of the text of an Act,

may be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of the Parliament.

17 Short title and commencement

(1) This Act may be cited as the Local Governance (Scotland) Act 2004.

(2) This Act (except this section and sections 15 and 16) comes into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE Constitution etc. of Scottish Local Authorities Remuneration Committee

(introduced by section 13)

1 The Scottish Local Authorities Remuneration Committee is to be a body corporate.

2 The Committee is to have 7 members to be appointed by the Scottish Ministers.

3 The Scottish Ministers shall appoint one of those members to be the convener of the Committee.

4 The members of the Committee are entitled to payment from the funds of the Committee of such allowances as are determined by the Scottish Ministers.

5 The Committee may, with the prior consent (given either generally or in relation to particular cases) of the Scottish Ministers, appoint staff on such terms (including terms as to remuneration) as it thinks appropriate to assist it in the discharge of its functions.

6 The Scottish Ministers may make grants to the Committee.

7 The procedure of the Committee is for it to determine.

8 The Committee—

(a) is not to be regarded as a servant or agent of the Crown,

(b) does not have any status, immunity or privilege of the Crown,

and its property is not to be regarded as property of, or held on behalf of, the Crown.

9 The validity of the proceedings or actings of the Committee is not affected by any vacancy among its members or defect in the appointment of those members.