Part I The Scottish Parliament
General elections
2 Ordinary general elections.
F1(1)
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(2)
F2The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth calendar year following that in which the previous ordinary general election was held, unless
F3(a)
subsection (2A) prevents the poll being held on that day, or
(b)
the day of the poll is determined by a proclamation under subsection (5).
F4(2A)
The poll shall not be held on the same date as the date of the poll at—
F6(b)
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(2B)
Where subsection (2A) prevents the poll being held on the day specified in subsection (2), the poll shall be held on such day, subject to subsection (2A), as the Scottish Ministers may by order specify, unless the day of the poll is determined by a proclamation under subsection (5) as modified by subsection (5ZA).
(3)
If the poll is to be held on the first Thursday in MayF7, or on the day specified by an order under subsection (2B) , the Parliament—
(a)
is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and
(b)
shall meet within the period of seven days beginning immediately after the day of the poll.
(4)
In subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1).
(5)
F8Subject to subsection (2A), if the Presiding Officer proposes a day for the holding of the poll which is not more than F94 weeks earlier, nor more than 8 weeks later, than the first Thursday in May, Her Majesty may by proclamation under the Scottish Seal—
(a)
dissolve the Parliament F10(unless the Parliament is already dissolved),
(b)
require the poll at the election to be held on the day proposed, and
(c)
require the Parliament to meet F11as soon as reasonably practicable after the day of the poll.
F12(5ZZA)
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F13(5ZA)
Where a day is specified by order under subsection (2B), subsection (5) applies as if the reference to the first Thursday in May were a reference to that day.
F14(5A)
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F14(5B)
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F14(5C)
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F15(5D)
Subsection (5E) applies if a proclamation is made in accordance with subsection (5).
(5E)
Subject to subsection (2A), if the Presiding Officer proposes another day for the holding of the poll which is not more than 8 weeks later than the day on which the poll is required to be held under the proclamation, His Majesty may by further proclamation under the Scottish Seal—
(a)
require the poll at the election to be held on the day proposed, and
(b)
require the Parliament to meet as soon as reasonably practicable after the day of the poll.
(5F)
Before proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must consult—
(a)
the Electoral Commission, and
(b)
the convener of the Electoral Management Board for Scotland.
(5G)
As soon as reasonably practicable after proposing a day for the holding of the poll under subsection (5) or (as the case may be) subsection (5E), the Presiding Officer must publish, in such manner as the Presiding Officer considers appropriate, a statement setting out—
(a)
the day proposed for the holding of the poll, and
(b)
the reasons for the making of the proposal.
(6)
In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland.