| Crown Copyright Acknowledged | | Part I:The Scottish Parliament | | |
1. The Scottish Parliament
(1) There shall be a Scottish Parliament.
(2) One member of the Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency.
(3) Members of the Parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this Part and vacancies among such members shall be filled in accordance with this Part.
(4) The validity of any proceedings of the Parliament is not affected by any vacancy in its membership.
(5) Schedule 1 (which makes provision for the constituencies and regions for the purposes of this Act and the number of regional members) shall have effect. |
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General elections
2. Ordinary general elections
(1) The day on which the poll at the first ordinary general election for membership of the Parliament shall be held, and the day, time and place for the meeting of the Parliament following that poll, shall be appointed by order made by the Secretary of State.
(2) The poll at subsequent ordinary general elections shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held, unless the day of the poll is determined by a proclamation under subsection (5).
(3) If the poll is to be held on the first Thursday in May, the Parliament—
(a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and
(b) shall meet within the period of seven days beginning immediately after the day of the poll.
(4) In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).
(5) If the Presiding Officer proposes a day for the holding of the poll which is not more than one month earlier, nor more than one month later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal—
(a) dissolve the Parliament,
(b) require the poll at the election to be held on the day proposed, and
(c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.
(6) In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland. |
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3. Extraordinary general elections
(1) The Presiding Officer shall propose a day for the holding of a poll if—
(a) the Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or
(b) any period during which the Parliament is required under section 46 to nominate one of its members for appointment as First Minister ends without such a nomination being made.
(2) If the Presiding Officer makes such a proposal, Her Majesty may by proclamation under the Scottish Seal—
(a) dissolve the Parliament and require an extraordinary general election to be held,
(b) require the poll at the election to be held on the day proposed, and
(c) require the Parliament to meet within the period of seven days beginning immediately after the day of the poll.
(3) If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held.
(4) Subsection (3) does not affect the year in which the subsequent ordinary general election is to be held. |
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4. Calculating time for meeting of the Parliament
In calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or section 3(2)(c), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday in Scotland or a day appointed for public thanksgiving or mourning shall be disregarded. |
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5. Candidates
(1) At a general election, the candidates may stand for return as constituency members or regional members.
(2) A person may not be a candidate to be a constituency member for more than one constituency.
(3) The candidates to be regional members shall be those included in a list submitted under subsection (4) or individual candidates.
(4) Any registered political party may submit to the regional returning officer a list of candidates to be regional members for a particular region (referred to in this Act, in relation to the region, as the party’s “regional list”).
(5) A registered political party’s regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election.
(6) Not more than twelve persons may be included in the list (but the list may include onlyone person).
(7) A registered political party’s regional list must not include a person—
(a) who is included in any other list submitted under subsection (4) for the region or any list submitted under that subsection for another region,
(b) who is an individual candidate to be a regional member for the region or another region,
(c) who is a candidate to be a constituency member for a constituency not included in the region, or
(d) who is a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party.
(8) A person may not be an individual candidate to be a regional member for a particular region if he is—
(a) included in a list submitted under subsection (4) for the region or another region,
(b) an individual candidate to be a regional member for another region,
(c) a candidate to be a constituency member for a constituency not included in the region, or
(d) a candidate of any registered political party to be a constituency member for a constituency included in the region.
(9) In this Act, “registered political party” means a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998. |
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6. Poll for regional members
(1) This section and sections 7 and 8 are about the return of regional members at a general election.
(2) In each of the constituencies for the Parliament, a poll shall be held at which each person entitled to vote as elector may give a vote (referred to in this Act as a “regional vote”) for—
(a) a registered political party which has submitted a regional list, or
(b) an individual candidate to be a regional member for the region.
(3) The right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member. |
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7. Calculation of regional figures
(1) The persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region.
(2) For each registered political party which has submitted a regional list, the regional figure for the purposes of section 8 is—
(a) the total number of regional votes given for the party in all the constituencies included in the region,
(3) divided by
(b) the aggregate of one plus the number of candidates of the party returned as constituency members for any of those constituencies.
(3) Each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one.
(4) For each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region. |
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8. Allocation of seats to regional members
(1) The first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure.
(2) The second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out.
(3) An individual candidate already returned as a constituency or regional member shall be disregarded.
(4) Seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list.
(5) For the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the Parliament shall be treated as ceasing to be in the list (even if his return is void).
(6) Once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded.
(7) If (on the application of subsection (1) or any application of subsection (2)) the highest regional figure is the regional figure of two or more parties or individual candidates, the subsection shall apply to each of them. |
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Vacancies
9. Constituency vacancies
(1) Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)).
(2) The date of the poll shall be fixed by the Presiding Officer.
(3) The date shall fall within the period of three months—
(a) beginning with the occurrence of the vacancy, or
(b) if the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, beginning when it does come to his notice.
(4) The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).
(5) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.
(6) A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy. |
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10. Regional vacancies
(1) This section applies where the seat of a regionalmember is vacant.
(2) If the regional member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the seat shall remain vacant until the next general election.
(3) If the regional member was returned (under section 8 or this section) from a registered political party’s regional list, the regional returning officer shall notify the Presiding Officer of the name of the person who is to fill the vacancy.
(4) He must be a person who—
(a) is included in that list, and
(b) is willing to serve as a regional member for the region.
(5) Where more than one person satisfies the conditions in subsection (4), the regional returning officer shall notify the name of whichever of them was higher, or highest, in the list.
(6) Where a person’s name has been notified under subsection (3), this Act shall apply as if he had been declared to be returned as a regional member for the region on the day on which notification of his name was received by the Presiding Officer.
(7) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders. |
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Franchise and conduct of elections
11. Electors
(1) The persons entitled to vote as electors at an election for membership of the Parliament held in any constituency are those who on the day of the poll—
(a) would be entitled to vote as electors at a local government election in an electoral area falling wholly or partly within the constituency, and
(b) are registered in the register of local government electors at an address within the constituency.
(2) A person is not entitled to vote as elector in any constituency—
(a) more than once at a poll for the return of a constituency member, or
(b) more than once at a poll for the return of regional members,
or to vote as elector in more than one constituency at a general election. |
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12. Power to make provision about elections
(1) The Secretary of State may by order makeprovision as to—
(a) the conduct of elections for membership of the Parliament,
(b) the questioning of such an election and the consequences of irregularities, and
(c) the return of members of the Parliament otherwise than at an election.
(2) The provision that may be made under subsection (1)(a) includes, in particular, provision—
(a) about the registration of electors,
(b) for disregarding alterations in a register of electors,
(c) about the limitation of the election expenses of candidates and registered political parties,
(d) for the combination of polls at elections for membership of the Parliament with polls at other elections,
(e) for modifying the application of section 7(1) where the poll at an election for thereturn of a constituency member is abandoned (or notice of it is countermanded), and
(f) for modifying section 8(7) to ensure the allocation of the correct number of seats for the region.
(3) The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 10(4) and (5).
(4) An order under subsection (1) may—
(a) apply, with or without modifications or exceptions, any provision made by or under the Representation of the People Acts or the [1978 c. 10.] European Parliamentary Elections Act 1978 or by any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections,
(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for membership of the Parliament, and
(c) so far as may be necessary in consequence of any provision made by this Act or an order under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors.
(5) The return of a member of the Parliament at an election may be questioned only under Part III of the Representation of the [1983 c. 2.] People Act 1983 as applied by an order under subsection (1).
(6) For the purposes of this Act, the regional returning officer for any region is the person designated as such in accordance with an order made by the Secretary of State under this subsection. |
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Duration of membership
13. Term of office of members
The term of office of a member of the Parliament begins on the day on which the member is declared to be returned and ends with the dissolution of the Parliament. |
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14. Resignation of members
A member of the Parliament may at any time resign his seat by giving notice in writing to the Presiding Officer. |
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Disqualification
15. Disqualification from membership of the Parliament
(1) A person is disqualified from being a member of the Parliament (subject to section 16) if—
(a) he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the [1975 c. 24.] House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),
(b) he is disqualified otherwise than under that Act (either generally or in relation to a particular parliamentary constituency) from being a member of the House of Commons or from sitting and voting in it,
(c) he is a Lord of Appealin Ordinary, or
(d) he is an office-holder of a description specified in an Order in Council made byHer Majesty under this subsection.
(2) An office-holder of a description specified in an Order in Council made by Her Majesty under this subsection is disqualified from being a member of the Parliament for any constituency or region of a description specified in the Order in relation to the office-holder.
(3) In this section “office-holder” includes employee or other post-holder. |
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16. Exceptions and relief from disqualification
(1) A person is not disqualified from being a member of the Parliament merely because—
(a) he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or
(b) he has been ordained or is a minister of any religious denomination.
(2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being a member of the Parliament merely because of section 3 of the [1700 c. 2.] Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland).
(3) Subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the Parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b).
(4) The Parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that—
(a) the ground has been removed, and
(b) it is proper to disregard any disqualification so incurred.
(5) A resolution under this section shall not—
(a) affect any proceedings under Part III of the Representation of the [1983 c. 2.] People Act 1983 as applied by an order under section 12, or
(b) enable the Parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18. |
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17. Effect of disqualification
(1) If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.
(2) If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).
(3) Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.
(4) Subsection (2) also has effect subject to section 141 of the [1983 c. 20.] Mental Health Act 1983 (mental illness) and section 427 of the [1986 c. 45.] Insolvency Act 1986 (sequestration etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but—
(a) he shall not participate in any proceedings of the Parliament, and
(b) any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.
(5) The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit. |
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18. Judicial proceedings as to disqualification
(1) Any person who claims that a person purporting to be a member of the Parliament is disqualified or has been disqualified at any time since being returned may apply to the Court of Session for a declarator to that effect.
(2) An application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently.
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