Part I The Scottish Parliament
Disqualification
C116 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
F1b
he is a Lord Spiritual.
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 M1Act 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 M2People 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.