Part I

The Scottish Parliament

Disqualification

Effect of disqualification.
17
1
If a person who is disqualified from being a member of the Parliament or from being a member for a particular constituency or region is returned as a member of the Parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant.
2
If a member of the Parliament becomes disqualified from being a member of the Parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the Parliament (so that his seat is vacant).
3
Subsections (1) and (2) have effect subject to any resolution of the Parliament under section 16.
4
Subsection (2) also has effect subject to section 16(1A) and ... section 427 of the Insolvency Act 1986 (sequestration etc); and where, in consequence of those sections, the seat of a disqualified member of the Parliament is not vacant he shall not cease to be a member of the Parliament until his seat becomes vacant but—
a
he shall not participate in any proceedings of the Parliament, and
b
any of his other rights and privileges as a member of the Parliament may be withdrawn by a resolution of the Parliament.
5
The validity of any proceedings of the Parliament is not affected by the disqualification of any person from being a member of the Parliament or from being a member for the constituency or region for which he purports to sit.
S. 17 extended (11.3.1999) by S.I. 1997/787, arts. 1, 6, Sch. 2 Pt. II para. 9(4)(b)(i)
1986 c. 45.
S. 17: power to modify conferred (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 3, 4, 5, 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
Words in s. 17 substituted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
Words in s. 17(4) inserted (S.) (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(3)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2
Words in s. 17(4) omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 2(1)(a)