SCHEDULE 6LEGAL PROCEEDINGS
I1PART 1ELECTION AND RETURN OF CONSTITUENCY MEMBER
Words in sch. 6 Pt. 1 Table omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(a)(i) (with art. 1(2))
Word in sch. 6 Pt. 1 Table substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(a)(ii) (with art. 1(2))
Words in sch. 6 Pt. 1 Table omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(b)(i) (with art. 1(2))
Words in sch. 6 Pt. 1 omitted (11.12.2020) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(b)(ii) (with art. 1(2))
Words in sch. 6 Pt. 1 Table inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(2)(c) (with art. 1(2))
Provision applied | Modification |
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Section 120 (method of questioning parliamentary election) | |
Section 121 (presentation and service of parliamentary election petition) | |
Section 122 (time for presentation or amendment of parliamentary election petition) | |
Section 123 (constitution of election court and place of trial) | |
Section 125 (judges’ expenses and reception: Scotland) | In paragraph (b) for “the Treasury, out of moneys provided by Parliament” substitute “the Scottish Ministers, out of the Scottish Consolidated Fund”. |
Section 126 (attendance of House of Commons shorthand writer) | In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”. |
In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”. | |
Section 136 (security for costs) | |
Section 137 (petition at issue) | |
Section 138 (list of petitions) | |
Section 139 (trial of petition) | In subsection (3) the words from “the acceptance” to “notwithstanding”, in the third place where it occurs, shall be omitted. |
In subsection (6), the reference to the parliamentary election rules shall be construed as a reference to the Scottish Parliamentary Election Rules. | |
Section 140 (witnesses) | Omit subsection (6). |
In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”. | |
Section 141 (duty to answer relevant questions) | |
Section 143 (expenses of witnesses) | |
Section 144 (conclusion of trial of parliamentary election petition) | In subsections (2), (4) and (6), for “Speaker” substitute “Clerk of the Scottish Parliament”. |
Omit subsections (5) and (7). | |
Section 146 (special case for determination of High Court) | In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”. |
Section 147 (withdrawal of petition) | |
Section 154 (costs of petition) | |
Section 155 (neglect or refusal to pay costs) | |
Section 156 (further provision as to costs) | |
Section 157 (appeals and jurisdiction) | Omit subsections (1), (4), (6) and (8). |
For subsection (2) substitute— | |
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In subsection (7), omit the words from the beginning to “omitted, but”. | |
Section 158 (report as to candidate guilty of corrupt or illegal practice) | |
Section 159 (candidate reported guilty of corrupt or illegal practice) | |
Section 160 (persons reported personally guilty of corrupt or illegal practices) | In subsection (4), F1... after “Commons” in each place where it occurs, insert “or the Scottish Parliament”. |
Omit F2subsection and (6). | |
Section 161 (justice of the peace) | |
Section 162 (member of legal and certain other professions) | |
Section 163 (holder of licence or certificate under Licensing Acts) | |
Section 164 (avoidance of election for general corruption etc.) | |
Section 165 (avoidance of election for employing corrupt agent) | Omit subsection (4). |
Section 166 (votes to be struck off for corrupt or illegal practices) | |
Section 167 (application for relief) | Omit subsection (5). |
Section 168 (prosecutions for corrupt practices) | |
Section 169 (prosecutions for illegal practices) | After “exceeding” insert “the amount specified as”. |
Section 170 (conviction of illegal practice on charge of corrupt practice etc.) | |
Section 173 (incapacities on conviction of corrupt or illegal practice) | In subsection (1) F3... after “Commons”, in both places where it occurs, insert “or the Scottish Parliament”. |
F4. . . | |
In subsection (7) after “Commons” insert “, the Scottish Parliament” and after “functions”, where it second occurs, insert “as a member of the Scottish Parliament or”. | |
Omit subsection (10). | |
Section 173A (incapacity to hold public or judicial office in Scotland) | |
Section 174 (mitigation and remission etc.) | |
Section 175 (illegal payments etc.) | |
Section 176 (time limit for prosecutions) | Omit subsections (2A) to (2G). |
Section 178 (prosecution of offences committed outside United Kingdom) | |
Section 179 (offences by associations) | |
Section 180 (evidence by certificate of holding of elections) | |
F5Section 180A (evidence by certificate of electoral registration) | |
Section 181 (Director of Public Prosecutions) | Omit subsections (2) to (6). |
Section 183 (costs) | |
Section 184 (service of notices) | |
Section 185 (interpretation of Part 3) | |
Section 186 (computation of time for purposes of Part 3) | The reference to “section 119 above” shall be construed as a reference to article 81 and the reference to “Part II of this Act” shall be construed as a reference to Part 3 of this Order. |
I2PART 2ELECTION AND RETURN OF REGIONAL MEMBER
Sch. 6 Pt. 2 in force at 16.12.2015 in accordance with art. 1(1)
Words in sch. 6 Pt. 2 Table inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(3)(a) (with art. 1(2))
Words in sch. 6 Pt. 2 Table inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 18(3)(b) (with art. 1(2))
Provision applied | Modification | ||
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Section 120 (method of questioning parliamentary election) | At the end insert— | ||
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Section 121 (presentation and service of parliamentary election petition) | For subsection (2) substitute— | ||
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Section 122 (time for presentation or amendment of parliamentary election petition) | For the section substitute— | ||
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Section 123 (constitution of election court and place of trial) | Omit subsections (3) and (4). | ||
Section 125 (judges’ expenses and reception: Scotland) | In paragraph (b) for “the Treasury, out of moneys provided by Parliament” substitute “the Scottish Ministers, out of the Scottish Consolidated Fund”. | ||
Section 126 (attendance of House of Commons shorthand writer) | In subsection (1) for the words from the beginning to “deputy” substitute “A shorthand writer”. | ||
In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”. | |||
Section 136 (security for costs) | |||
Section 137 (petition at issue) | |||
Section 139 (trial of petition) | In subsection (3) for the words from “the acceptance” to the end substitute “that one (or more) of the respondents is no longer a member of the Scottish Parliament.”. | ||
Omit subsection (4). | |||
In subsection (6), the reference to the parliamentary elections rules shall be construed as a reference to the Scottish Parliamentary Election Rules. | |||
Section 140 (witnesses) | Omit subsection (6). | ||
In subsection (7), omit the words “Subsection (6) above does not apply to Scotland, and in Scotland”. | |||
Section 141 (duty to answer relevant questions) | |||
Section 143 (expenses of witnesses) | |||
Section 144 (conclusion of trial of parliamentary election petition) | In subsection (1) for the words from “the member” to “void” substitute— | ||
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In subsection (2) for “Speaker” substitute “Clerk of the Scottish Parliament”. | |||
For subsection (3) substitute— | |||
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Omit subsections (4) to (7). | |||
Section 154 (costs of petition) | |||
Section 155 (neglect or refusal to pay costs) | |||
Section 157 (appeals and jurisdiction) | Omit subsections (1), (4), (6) and (8). | ||
For subsection (2) substitute— | |||
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In subsection (7), omit the words from the beginning to “omitted, but”. | |||
Omit subsection (1) to (3) and (6). | |||
In subsection (4)— | |||
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Omit subsection (4A). | |||
In subsection (5) for the words “reported personally guilty” in both places where they appear substitute “convicted”. | |||
In subsection (5A) for the words “reported by an election court personally guilty” substitute “convicted”. | |||
Omit subsection (6). | |||
F6Section 160 (persons reported personally guilty of corrupt or illegal practices) | Omit subsection (1) to (3) and (6). | ||
In subsection (4)— | |||
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Section 167 (application for relief) | Omit subsection (5). | ||
Section 168 (prosecutions for corrupt practices) | |||
Section 169 (prosecutions for illegal practices) | For the words from the beginning to “prosecution” substitute— | ||
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Section 170 (conviction of illegal practice on charge of corrupt practice etc.) | |||
Section 173A (incapacity to hold public or judicial office in Scotland) | |||
Section 174 (mitigation and remission etc.) | Omit subsections (1) to (4). | ||
In subsection (5) omit— | |||
(a) | “or of the report of an election court”; and | ||
(b) | “or report”, in both places where the words occur. | ||
Section 175 (illegal payments etc.) | In subsection (2) omit the words from “and if” to the end. | ||
Section 176 (time limit for prosecutions) | Omit subsections (2A) to (2G). | ||
Section 178 (prosecution of offences committed outside United Kingdom) | |||
Section 179 (offences by associations) | |||
Section 180 (evidence by certificate of holding of elections) | Omit paragraph (b). | ||
After paragraph (ii) insert— | |||
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F7Section 180A (evidence by certificate of electoral registration) | |||
Section 181 (Director of Public Prosecutions) | Omit subsections (2) to (6). | ||
Section 183 (costs) | |||
Section 184 (service of notices) | |||
Section 185 (interpretation of Part 3) | At the end, insert— | ||
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Section 186 (computation of time for purposes of Part 3) | The reference to “section 119 above” shall be construed as a reference to article 81 and the reference to “Part II of this Act” shall be construed as reference to Part 3 of this Order. |
Sch. 6 Pt. 1 in force at 16.12.2015 in accordance with art. 1(1)