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Part 2Disqualification

Disqualification orders under Elections Act 2022

15Scottish Parliament: disqualification from membership

(1)The Scotland Act 1998 is modified as follows.

(2)In section 15(1) (disqualification from membership of the Parliament), after paragraph (bb) (inserted by section 12), insert—

(bc)the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc),.

16Local authorities: disqualifications for nomination, election and holding office

(1)The Local Government (Scotland) Act 1973 is modified as follows.

(2)In section 31 (disqualifications for nomination, election and holding office as member of local authority), in subsection (1), after paragraph (f) (inserted by section 13) insert or

(g)the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc)..

17Disqualification orders: aggravation

(1)The Elections Act 2022 is modified as follows.

(2)In section 30—

(a)after subsection (3) insert—

(3A)Where the court is a Scottish court, it must—

(a)take the aggravation under subsection (1)(c) into account when determining the appropriate sentence, and

(b)state—

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii)otherwise, the reasons for there being no such difference.,

(b)in subsection (9), after the definition of “Schedule 9 offence” insert—