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Scotland Act 1998

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19 Presiding Officer.E+W+S+N.I.

This section has no associated Explanatory Notes

(1)The Parliament shall, F1... following a general election, elect from among its members a Presiding Officer and two deputies.

[F2(1A)The Parliament must do so—

(a)before it conducts any other proceedings, except the taking by its members of the oath of allegiance (see section 84), and

(b)in any event, within the period of 14 days beginning immediately after the day of the poll at the election.

(1B)The Parliament may, at any time, elect from among its members one or more additional deputies.]

(2)A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament.

[F3(2A)But standing orders may make provision for additional deputies to hold office for a shorter time than provided by subsection (2).]

(3)If the Presiding Officer or a deputy [F4elected under subsection (1)] ceases to hold office before the Parliament is dissolved, the Parliament shall elect another from among its members to fill his place.

(4)The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

(5)The Presiding Officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf.

(6)Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Parliament.

(7)The validity of any act of the Presiding Officer or a deputy is not affected by any defect in his election.

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Amendments (Textual)

F1Words in s. 19(1) omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 4(2), 44(5); S.I. 2012/1710, art. 2(a)

F2S. 19(1A)(1B) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(3), 44(5); S.I. 2012/1710, art. 2(a)

F4Words in s. 19(3) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 4(5), 44(5); S.I. 2012/1710, art. 2(a)

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