Scotland Act 1998

9 Constituency vacancies. U.K.

(1) Where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)).

(2) The date of the poll shall be fixed by the Presiding Officer.

(3) The date shall fall within the period of three months—

(a) beginning with the occurrence of the vacancy, or

(b) if the vacancy does not come to the notice of the Presiding Officer within the period of one month beginning with its occurrence, beginning when it does come to his notice.

(4) The election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

[F1 (4A) Subsection (4B) applies where—

(a) the Presiding Officer fixes a date under subsection (2), and

(b) the date fixed does not fall within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4B) The Presiding Officer may fix another date for the holding of the poll which is to be within the period of 3 months beginning with the date of the poll fixed by the Presiding Officer under subsection (2).

(4C) Subsection (4D) applies where—

(a) the Presiding Officer fixes a date under subsection (2) or (4B), and

(b) the date fixed falls within the period of 6 months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)).

(4D) If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may determine that an election to fill the vacancy is not to be held.

(4E) Before fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must consult—

(a) the Electoral Commission,

(b) the convener of the Electoral Management Board for Scotland, and

(c) the officer appointed by order in accordance with section 12(1) of the Scotland Act 1998 to act as the returning officer for the constituency in which the seat is vacant.

(4F) As soon as reasonably practicable after fixing a date under subsection (4B) or (as the case may be) determining that an election is not to be held under subsection (4D), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—

(a) either—

(i) the date fixed for the holding of the poll, or (as the case may be)

(ii) that an election is not to be held, and

(b) the reasons for the exercise of the power.]

(5) For the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders.

(6) A person may not be a candidate at such an election if he is a member of the Parliament or a candidate in another election to fill a vacancy.

Textual Amendments

F1 S. 9(4A)-(4F) inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 31(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

Modifications etc. (not altering text)

C1 S. 9 applied (11.3.1999) by S.I. 1999/787, arts. 1, 86

C2 S. 9(6) extended (11.3.1999) by S.I. 1999/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(iii)