PART 4LEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections82.

(1)

The provisions of the 1983 Act which are specified in the left hand column of Part 1 of Schedule 6 shall apply—

(a)

as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;

(b)

subject to paragraph (3); and

(c)

as if amended in accordance with such modifications as are necessary in consequence of those provisions,

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.

(2)

The provisions of the 1983 Act which are specified in the left hand column of Part 2 of Schedule 6 shall apply—

(a)

as if amended in accordance with the modifications and exceptions specified in relation to those provisions in the right hand column of that Schedule;

(b)

subject to paragraph (3); and

(c)

as if amended in accordance with such modifications as are necessary in consequence of those provisions,

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.

(3)

Unless the context otherwise requires, in the provisions applied by Schedule 6—

(a)

any provision relating to a local government election or local government electors and associated references (including a reference to a petition questioning an election under the Local Governance (Scotland) Act 200448) shall be disregarded;

(b)

any reference to a parliamentary election shall be construed as a reference to a Scottish parliamentary election F1... and any reference to a general election shall accordingly be construed as a reference to a Scottish parliamentary general election;

(c)

any reference to a constituency (or parliamentary constituency) shall be construed—

(i)

in relation to any election or return of a constituency member, as a reference to a Scottish parliamentary constituency;

(ii)

in relation to any election or return of a regional member, as a reference to a region;

(d)

any reference to promoting or procuring the election of a candidate shall be construed as a reference to promoting or procuring the giving of a vote for a particular candidate or registered party at the election;

(e)

any reference to a candidate, other than the one referred to in sub-paragraph (d), shall be construed as a reference to either—

(i)

a candidate on a registered party’s regional list; or

(ii)

an individual candidate,

as the case may be;

(f)

any reference to a parliamentary elector shall be construed as a reference to an elector at a Scottish parliamentary election;

(g)

any reference to a member in the context of a Member of Parliament shall be construed as a reference to a member of the Scottish Parliament;

(h)

any reference to a parliamentary election petition (except in the context of the rota for the trial of parliamentary election petitions) shall be construed as a reference to a Scottish parliamentary election petition;

(i)

any reference to the High Court shall be construed as a reference to the Court of Session and any reference to the County Court or a judge of that Court shall be construed as a reference to the sheriff;

(j)

any reference to the Director of Public Prosecutions or the Attorney General shall be construed as a reference to the Lord Advocate;

(k)

any reference to a return in the context of a return to the writ of election (and the return to Parliament) shall be construed as a reference to the declaration of the result by the returning officer under rule 62 or, as the case may be, rule 65 of the Scottish Parliamentary Election Rules;

(l)

any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Part of this Order; and

(m)

any reference to an offence under the 1983 Act or to a practice, payment, employment or hiring made corrupt or illegal by any provision of that Act shall be construed, subject to any necessary modifications, as a reference to the offence under, or practice, payment, employment or hiring made illegal by, the corresponding provision of this Order.