Part I The Scottish Parliament

Disqualification

C117 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 F1... section 427 of the M1Insolvency Act 1986 (sequestration etc); and where, in consequence of F2that section, 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any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.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.