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Scotland Act 1998

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This is the original version (as it was originally enacted).

16Exceptions and relief from disqualification

This section has no associated Explanatory Notes

(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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