The Scottish Parliament (Elections etc.) Order 1999

Decisions as to validity of constituency nomination papers

14.—(1) Where a constituency nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until–

(a) the constituency returning officer decides that the constituency nomination paper is invalid;

(b) proof is given to the constituency returning officer’s satisfaction of the candidate’s death; or

(c) the candidate withdraws.

(2) The constituency returning officer is entitled to hold a constituency nomination paper invalid only on one of the following grounds:–

(a) that the particulars of the candidate or the witness signing the paper are not as required by law;

(b) that the paper is not witnessed as so required;

(c) that the candidate is disqualified by virtue of the Representation of the People Act 1981(1).

(3) Subject to paragraph (4) below the constituency returning officer shall give his decision on any objection to a constituency nomination paper as soon as practicable after it is made.

(4) If in the constituency returning officer’s opinion a constituency nomination paper breaches rule 7 above, he shall give a decision to that effect as soon as practicable after the close of the period for delivery of constituency nomination papers set out in the Table in rule 1(1) above.

(5) Where the constituency returning officer decides that a constituency nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(6) The constituency returning officer’s decision that a constituency nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

(1)

1981 c. 34.